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Compilation  of  General 
Ordinances 

OF  THE 

CITY  OF  LOUISVILLE 

Including  the  Act  for  the  Government  of  Cities  of  the  First- 

Class,  Approved  July  /,  1893,  and  Amendments  Thereto, 

Being  the  City  Charter;  With  Notes  of  the  Decisions 

of  the  Court  of  Appeals,  and  Such  Sections 

of  the  State  Constitution  As  Affect 

Such  City. 


Published  by  Authority  of  a  Resolution  of  the  General  Council  of  the  City  of  Louisville, 
Approved  December  8,  I9I9,  and  compiled  and  annotated  under 
direction  of  the  City  Attorney,  by 
DAVIS  W.  EDWARDS 

> 

of  the  Law  Department 


GEORGE  WEISSINGER  SMITH,  Mayor. 
JOSEPH  S.  LAWTON,  City  Attorney. 


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CONTENTS 


Page 
Resolution  of  the  General  Council 5 

Mayors  of  the  City  of  Louisvolle 7 

Presidents  of  the  Board  of  Aldermen ,__ 8 

Presidents  of  the  Board  of  CouncUmen 9 

Members  of  the  General  Council 11 

Election  by  the  General  Council,  and  appointments  to  be  approved 

by  the  Board  of  Aldermen 12 

General  Ordinances 17 

List  of  positions  under  the  various  city  departments,    authority 

therefor  with  compensation 727 

Organization  of  the  General  Council 749 

Rules  of  the  Board  of  Aldermen 751 

Rules  of  the  Board  of  Councilmen 757 

Joint  Rules  of  the  General  Council I 764 

Sections  of  State  Constitution  applicable  to  Cities  of  the  First  Class.  _  766 

Act  for  the  Government  of  Cities  of  the  First  Class 803 

Index  to  General  Ordinances 1066 

Index  to  Rules  of  the  Board  of  Aldermen 1125 

Index  to  Rules  of  the  Board  of  Councilmen 1128 

Index  to  Act  for  the  Government  of  Cities  of  the  First  Class,  including 

Constitutional  Provisions . 1131 


541)S85 


PRINTED  BY 


Resolution  of  the  General  Council. 


RESOLUTION  APPROVING  AND  AUTHORIZING  THE  PUB- 
LICATION OF  THE  NINETEEN  HUNDRED  AND  NINE- 
TEEN COMPILATION  OF  THE  ORDINANCES  OF  THE 
CITY  OF  LOUISVILLE,  TOGETHER  WITH  OTHER 
MATTERS  THEREIN  MENTIONED,  UNDER  THE 
SUPERVISION  OF  THE  CITY  ATTORNEY. 

Resolved  by  the  General  Council  of  the  city  of  Louisville: 

That  the  nineteen  hundred  and  nineteen  compilation  of  the 
General  Ordinances  of  the  city  of  Louisville,  prepared  by  the 
City  Attorney,  and  transmitted  by  him  to  the  Mayor  and  Gen- 
eral Council,  be  and  the  same  is  hereby  approved ;  and  the  City 
Attorney  is  hereby  authorized  and  directed  to  have  printed  and 
published,  under  his  supervision,  six  hundred  copies  of  said 
compilation  of  the  General  Ordinances,  properly  and  suitably 
bound,  which  shall  be  delivered  to  the  Comptroller  for  distri- 
bution to  the  city  officials  and  others.  The  contract  for  said 
printing  and  binding  is  to  be  let  by  the  City  Buyer  to  the  lowest 
and  best  bidder. 

The  City  Attorney  is  further  authorized  and  directed  to  in- 
clude in  said  publication : 

1.  A  list  of  the  offices  to  be  filled  by  election  and  appointment 
by  the  General  Council  and  Mayor,  or  by  appointment  subject 
to  the  approval  of  the  Board  of  Aldermen,  and  the  dates  upon 
which  they  shall  be  so  elected,  appointed  or  approved. 

2.  The  names  of  all  the  Mayors,  presidents  of  the  Board  of 
Aldermen,  and  presidents  of  the  Board  of  Councilmen,  and  the 
years  in  which  they  served. 

3.  The  method  of  organization  of  the  General  Council,  the 
rules  of  each  board,  and  the  joint  rules  of  the  General  Council. 

4.  Such  provisions  of  the  State  Constitution  as  apply  to  cities 
of  the  first  class. 

5.  The  Act  for  the  government  of  cities  of  the  first  class, 
giving  the  same  numbers  of  sections  as  in  the  Kentucky  Statutes, 
with  notes  of  decisions  of  the  Appellate  Court. 


RFSOLUTION  OF  THE  GENERAL  COUNCIL. 


6.     A    list    of    positions    under    various    City    Departments, 
authority  therefor,  with  compensations. 

.  7.     A  full  and  complete  index  of  all  the  ordinances  and  mat- 
ters directed  to  be  published  in  said  compilation. 

8.  The  names  of  all  the  members  of  the  present  General 
Council. 

9.  Such  Acts  of  the  General  Assembly  as  affect  the  city  of 
Louisville.     (Approved  December  8,  1919.) 


MAYORS  OF  THE  CITY  OF  LOUISVILLE. 


MAYORS  OF  THE  CITY  OF  LOUISVILLE. 


The  first  election  under  the  Act  of  Incorporation  took  place 
on  the  first  Monday  in  March,  1828. 
John  C.  Bucklin,  1828-29-30-31-32-33. 
John  Joyes,  1834-35. 
W.  A.  Cocke,  1836. 
Fred  Kaye,  1837-38-39-40-44-45-46. 
D.  L.  Beatty,  1841-42-43. 
Wm.  R.  Vance,  1847-48-49. 
John  M.  Delph,  1850-51-52-61-62. 
James  S.  Speed,  1853-54. 
John  Barbee,  1855-56. 

W.  S.  Pilcher,  1857.    Died  August,  1858,  when  Thos.  W.  Riley 
was  elected  August  19,  1858,  to  fill  the  unexpired  term. 
T.  H.  Crawford,  1859-60. 
William  Kaye,  1863-64. 

Phil.  Tomppert,  1865;  served  until  December  28,  1865. 
Jas.  S.  Lithgow  was  elected  to  fill  the  unexpired  term.     He 
filled  the  office  until  February  14,  1867,  when  he  resigned,  and 
Phil  Tomppert  took  his  seat,  and  filled  the  remainder  of  the 
term,  when  he  was  re-elected,  and  served  for  1867-68. 

Jos.  H.  Bunce,  1869. 

John  G.  Baxter,  1870-71-72. 

Chas.  D.  Jacob,  1873-74-75-76-77-78. 

John  G.  Baxter,  1879-80-81. 

Chas.  D.  Jacob,  1882-83-84. 

P.  Booker  Reed,  1885-86-87. 

Chas.  D.  Jacob,  1888-89-90. 

Wm.  L.  Lyons,  elected  pro  tern.  May  12,  1890, 

Henry  S.  Tyler,  1891-92-93. 

Henry  S.  Tyler,  November,  1893,  to  his  death,  January  14, 
1896. 

R.  E.  King,  pro  tern.,  January  14,  1896,  to  January  31,  1896. 

Geo.  D.  Todd,  January  31,  1896,  to  November  16,  1897. 

Chas.  P.  Weaver  qualified  November  16,  1897,  and  served  until 
November  19,  1901. 


8  PRESIDENTS  OF  THE  BOARD  OF  ALDERMEN. 

Charles  F.  Grainger,  qualified  November  19,  1901,  and  served 
until  November  14,  1905. 

Paul  C.  Barth,  qualified  November  14,  1905,  and  served  to 
July  — ,  1907. 

R.  W.  Bingham,  qualified  July,  1907,  and  served  to  November 
12,  1907. 

James  F.  Grinstead,  qualified  November  12,  1907,  and  served 
to  November  16,  1909. 

William  0.  Head,  qualified  November  16,  1909,  and  served  to 
November  18,  1913. 

John  H.  Buschemeyer,  qualified  November  18,  1913,  and 
served  to  November  20,  1917. 

Geo.  Weissinger  Smith,  qualified  November  20,  1917. 


PRESIDENTS  OF  THE  BOARD  OF  ALDERMEN. 

William  Riddle,  1851 ;  resigned  December  2,  1852. 

James  Speed,  December  2,  1852-53;  resigned  November  14, 
1854. 

William  Watkins,  November  14,  1854;  resigned  April  2,  1855. 

E.  D.  Weatherford,  April  2,  1855;  resigned  December  6,  1855; 
re-elected,  1857;  re-elected,  1859. 

Fred  Kaye,  December  6,  1855;  until  April  11,  1856. 

T.  H.  Crawford,  April  8,  1858 ;  resigned  Septem.ber  23,  1858. 

A.  Duvall,  September  23,  1858,  until  April,  1859. 

James  Trabue,  1860. 

Thomas  Shanks,  1861. 

Win.  F.  Barret,  1862,  and  served  until  March  5,  1863. 

A.  Peter,  March  5,  1863;  resigned  July  9,  1863. 

Wm.  Terry,  elected  July  9,  1863,  served  until  April,  1864. 

J.  R.  Brown,  1864-65;  re-elected  1867,  and  resigned  August  8, 
1867. 

John  G.  Baxter,  1866;  resigned  January  10,  1867. 

G.  W.  Herbert,  January  10,  1867,  until  April,  1867. 

Wm.  F.  Rubel,  August  8,  1867,  until  April,  1868;  re-elected 
1869-70-71. 

J.  H.  Bunce,  1868. 

Thomas  L.  Barrett,  1872-73. 

D.  Spaulding,  Jr.,  1874-75. 


PRESIDENTS  OF  THE  BOARD  OF  COUNCILMEN. 9 

Wm.  F.  Rubel,  1876-77-78;  resigned  August  19,  1878. 

J.  C.  Gilbert,  August  19,  1878-79-80-81. 

Dr.  George  W.  Griffiths,  1882-83-84. 

J.  C.  Gilbert,  1885-86-87. 

Dr.  Geo.  W.  Griffiths,  1888-89. 

A.  A.  Stoll,  1890. 

Harry  Stucky,  1891-92. 

Chas.  A.  Wilson,  1893. 

Charles  F.  Grainger,  November,  1893,  to  November,  1895. 

R.  E.  King,  November,  1895,  to  November,  1897. 

Paul  C.  Barth,  November,  1897,  to  November,  1898. 

A.  J.  Ross,  November,  1898,  to  November,  1899. 

Charles  T.  Ballard,  November,  1899,  to  November,  1900. 

P.  Booker  Reed,  November,  1900,  to  November,  1901. 

Harry  Weissinger,  November,  1901,  to  November,  1902. 

Paul  C.  Barth,  November,  1902,  to  November,  1903.    . 

Paul  C.  Barth,  November,  1903,  to  November,  1905. 

Ow^en  Tyler,  November,  1905,  to  November,  1907. 

John  D.  Otter,  July,  1907,  to  November,  1907. 

Wm.  Heyburn,  November,  1907,  to  June,  1909. 

Frank  Reichert,  June,  1909,  to  November,  1909. 

Dr.  John  H.  Buschemeyer,  November,  1909,  to  November, 
1911. 

Dr.  John  H.  Buschemeyer,  November,  1911,  to  November, 
1913. 

J.  W^m.  Miller,  November,  1913. 

J.  Wm.  Miller,  November,  1915. 

Geo.  T.  Wood,  November,  1917,  to  November,  1919. 

Jos.  R.  Kirwan,  November,  1919. 


PRESIDENTS  OF  THE  BOARD  OF  COUNCILMEN. 

Bland  Ballard,  1851-52. 
B.  W.  Pollard,  1853. 
Charles  Ripley,  1854. 
Thomas  W.  Riley,  1855. 
D.  T.  Monsarrat,  1856. 
Andrew  Monroe,  1857. 
Thomas  Shanks,  1858. 
J.  A.  Gillis,  1859. 


10 PRESIDENTS  OF  THE  BOARD  OF  COUNCILMEN. 

John  Barbee,  1860. 
W.  P.  Campbell,  1861. 
G.  W.  Ronald,  1862. 
John  G.  Baxter,  1863. 
Wm.  F.  Barret,  1864. 
T.  C.  Tucker,  1865. 
D.  Spaulding,  Jr.,  1866. 
John  D.  Orrill,  1867. 
Pat  Bannon,  1868. 
Wm.  F.  Duerson,  1869. 
Charles  R.  Long,  1870-71-72-73. 
Ed.  F.  Finley,  1874. 
Wm.  Kaye,  1875. 
John  McAteer,  1876. 
Henry  T.  Jefferson,  1877-78. 
R.  C.  Davis,  1879. 
Laf .  'Joseph,  1880-81-82-83-84. 
Dr.  C.  B.  Blackburn,  1885-86-87. 
Laf.  Joseph,  1888;  resigned  June  14,  1888. 
Henry  S.  Tyler,  elected  to  fill  vacancy  June  14,  1888-89. 
Wm.  L.  Lyons,  elected  to  fill  vacancy  November  28,  1890-91. 
Wm.  F.  Mayer,  November,  1892,  to  November,  1893. 
L.  T.  Davidson,  November,  1893,  to  November,  1894, 
T.  P.  Satterwhite,  Jr.,  November,  1894,  to  November,  1895. 
Herman  M,  Blatz,  November,  1895,  to  November,  1896. 
Frank  I.  Brocar,  November,  1896,  to  November,  1897. 
Samuel  S.  Blitz,  November,  1897,  to  November,  1898. 
Chas,  P.  Feeney,  November,  1898,  to  November,  1899. 
Theophilus  Stern,  November,  1899,  to  November,  1901. 
F.  J.  Hummel,  November,  1901,  to  November,  1902. 
Samuel  S.  Blitz,  November,  1902,  to  November,  1903. 
Samuel  S.  Blitz,  November,  1903,  to  November,  1904. 
B.  Buckel,  November,  1904,  to  November,  1905. 
,      Samuel  S.  Blitz,  November,  1905,  to  November,  1906. 
Charles  D.  Greer,  November,  1906,  to  November,  1907. 
Isadore  Forst,  November,  1907,  to  November,  1908. 
Ebner  Buyer,  November,  1908,  to  November,  1909. 
Samuel  W.  Greene,  November,  1909,  to  November,  1911. 
Samuel  W.  Greene,  November,  1911,  to  November  6,  1912. 
Ben  C.  Watson,  November  6,  1912,  to  November,  1913. 


MEMBERS  OF  THE  GENERAL  COUNCIL. 


11 


T.  J.  Morrow,  Jr.,  November,  1913. 

T.  J.  Morrow,  Jr.,  November,  1915,  to  November  IS,  1917. 
Felix  S.  Dumas,  November,  1917,  to  November,  1919. 
Jacob  L.  Isaacs,  November,  1919. 


MEMBERS  OF  THE  GENERAL  COUNCIL. 

Elected  1919. 

BOARD  OF  ALDERMEN. 

Pres.  Jos.  R.  Kirwan.  ,E.  D.  Morton. 

'P.  J.  Gnau.  G.  W.  Schardein. 

Louis  H.  Harlan.  Edw.  Schoppenhorst. 

Frank  H.  Johnson.  Ernest  Viel. 

Clay  McCandless.  A.  A.  Will. 

Zachary  T.  Miller.  Jas.  C.  Willson. 

BOARD  OF  COUNCILMEN. 

Pres.  Jacob  L.  Isaacs. 
F.  W.  Matthews, 


Albert  C.  Weber, 
Edw.  G.  Fernow, 
Wm.  G.  Lutz, 
Wm.  F.  Clarke,  Jr., 
John  H.  Stocker, 
George  Feige, 
Wm.  J.  Watson, 
Jacob  L.  Isaacs, 
Geo.  W.  Schmidt, 
Cullie  A.  Carder, 
Geo.  W.  Stege, 
Felix  S.  Dumas, 
Harry  A.  Volz, 
J.  E.  Isgrigg, 
Nick  Denunzio, 
Harry  Levy, 
Geo.  R.  Mcintosh, 
N.  J.  Fultz, 
Leonard  Slater, 
Chester  P.  Koch, 
Fred  Ohmann, 
Ernest  F.  Horn, 
W.  R.  Tischendorf, 


1st  Ward. 


2d  Ward. 


3d  Ward. 


4th  Ward. 


I  5th  Ward. 

I  Gth  Ward. 

I  7th  Ward. 

I  8th  Ward. 


Sth  Ward. 


10th  Ward. 


11th  Ward. 


12th  Ward. 


12   ELECTIONS  AND  APPOINTMENTS  BY  GEN.  COUN.  AND  MAYOR. 

ELECTIONS  AND  APPOINTMENTS  BY  THE  GENERAL 

COUNCIL  AND  MAYOR. 

(See  also  under  "List  of  Positions/') 

IN  NOVEMBER. 

The  Board  of  Aldermen  and  Board  of  Councilmen,  at  the 
organization  of  each,  and  annually  thereafter,  shall  elect  from 
its  members  a  loresident  thereof  for  one  year.  In  his  absence 
a  president  pro  tern,  shall  be  chosen  from  the  members.  Each 
board  shall  elect  its  clerk,  and  may  elect  a  sergeant-at-arms. 
(Ky.  St.  §2770.) 

There  shall  be  elected  a  City  Assessor  by  the  General  Coun- 
cil immediately  upon  the  assembling  of  the  new  boards  in  Novem- 
ber, 1905,  and  every  four  years  thereafter.  He  shall  have  power 
to  appoint,  with  approval  of  the  Board  of  Aldermen,  such  depu- 
ties and  assistants  as  may  be  allowed  him  by  ordinance.  (Ky. 
St.  §2906.) 

The  Tax  Receiver  shall  have  power  to  appoint,  with  the  ap- 
proval of  the  Board  of  Aldermen,  such  deputies  as  may  be  allow- 
ed him  by  ordinance.     (Ky.  St.  §  2904.) 

The  Mayor  shall  have  power,  with  the  approval  of  the  Board 
of  Aldermen,  to  appoint  a  City  Buyer.     (Ky.  St.  §  2801.) 

At  the  beginning  of  his  term  the  Mayor,  with  the  approval 
of  the  Board  of  Aldermen,  shah  appoint  a  competent  person  as 
the  Inspector  of  Gas  and  Electricity,  as  provided  by  the  ordinance 
of  June  3,  1914.  The  Inspector,  with  the  consent  and  approval 
of  the  Mayor,  may  appoint  not  more  than  tiuo  deputy  inspectors 
and  also  an  assistant  or  clerk  having  the  qualifications  prescribed 
by  the  ordinance. 

An  Inspector  of  Weights  and  Measures  shall  be  appointed  by 
the  Mayor,  subject  to  removal  at  pleasure.      (Ky.  St.  §  2755.) 

The  Mayor  appoints  four  members  of  the  Sewer  Commission 
every  four  years  until  the  sewers  are  completed.  Act  of  March 
18,  1912  (Ky.  St.  §  3037b,  sub  sec.  16). 

IN  DECEMBER. 
A  Live  Stock  Inspector  shall  be  elected  on  the  first  Tuesday  in 
December,   1904,   and   every   two   years   thereafter.      (Ky.    St. 
§  2948.) 


ELECTIONS  AND  APPOINTMENTS  BY  GEN.  COUN.  AND  MAYOR.    13 

The  Live  Stock  Inspector  shall  have  power  to  appoint,  with 
the  approval  of  the  Board  of  Aldermen,  such  deputies  and  assist- 
ants, with  such  salaries,  as  may  be  allowed  them  by  ordinance. 

There  shall  be  appointed  by  the  Mayor,  with  the  approval  of 
the  Board  of  Aldermen,  in  the  month  of  December,  1905,  a  Comp- 
trolle7',  for  a  term  of  four  years,  and  in  that  month  every  four 
years  thereafter.     (Ky.  St.  §  2897.) 

A  City  Ganger  shall  be  elected  by  the  General  Council  in  the 
month  of  December,  1904,  and  every  two  years  thereafter. 

The  Mayor  shall  appoint  on  the  15th  day  of  December,  1913, 
a  City  Attorney,  First  Assistant  City  Attorney  and  Second  As- 
sista7it  City  Attorney,  for  a  term  of  four  years,  and  every  four 
years  thereafter.     (Ky.  St.  §  2909-2910.) 

The  Mayor  shall  appoint  a  Laiv  Cley^k  to  the  Mayor  for  a 
term  not  exceeding  four  years;  also  a  Claim  Agent,  subject  to 
removal  at  the  Mayor's  pleasure;  also,  with  the  approval  of  the 
Board  of  Aldermen,  Mayo7''s  Counsel,  Solicitor,  Tax  Attorney, 
Law  Accountant,  Department  Counsel  and  Messenger,  subject 
to  removal  at  the  Mayor's  pleasure;  also  three  stenographers, 
subject  to  removal  at  the  Mayor's  pleasure;  and  one  detective 
shall  be  appointed  by  the  Board  of  Public  Safety,  approved  by 
the  Mayor  and  City  Attorney. 

The  Board  of  Public  Works  and  the  Board  of  Public  Safety, 
composed  of  three  persons  each,  shall  be  appointed  by  the  Mayor, 
but  subject  to  removal  at  any  time  at  the  pleasure  of  the  Mayor. 
(Ky.  St.  §  2802.) 

IN  MARCH. 
'Two  Trustees  of  the  University  of  Louisville,  in  March,  1904, 
and  biennially  thereafter,  shall  be  elected  by  the  Mayor  and  Gen- 
eral Council,  for  a  term  of  ten  years.     (Elliott's  Digest,  306.) 

The  Mayor  appoints  each  year,  subject  to  the  approval  of  the 
Board  of  Aldermen,  one  member  of  the  Board  of  Water  Works. 
(Ky.  St.  3024a.) 

The  Mayor  names  three  trustees  in  the  month  of  March  of 
each  year  as  trustees  for  the  Public  Library,  said  trustees  to 
serve  for  a  term  of  four  years.     (Ky.  St.  2801b.) 

The  Mayor  in  1906  and  every  four  years  thereafter  appoints 
ten  persons  to  be  members  of  the  Board  of  Tuberculosis  Hos- 
pital    (Ky.  St.  §  3037c.) 


14     ELECTIONS  AND  APPOINTMENTS  BY  GEN.  COUN.  AND  MAYOR. 

The  Mayor  appoints  four  members  of  the  Hospital  Commis- 
sion in  March,  1910,  and  every  four  years  thereafter  until  the 
new  City  Hospital  is  completed,     (Ky.  St.  3037e.) 

IN  APRIL. 

Before  first  of  May  the  Mayor  shall  appoint,  with  the  Board  of 
General  Council,  a  Board  of  Examiners  of  Plumbers  consisting 
of  four  members,  one  Chief  Plumbing  Inspector  and  one  Deputy 
Plumbing  Inspector.  (Ky.  St.  3037f  and  Plumbing  Inspector 
Ordinance,  approved  September  23,  1914.) 

IN  MAY. 

The  General  Council  shall  elect  in  May,  1904,  and  annually 
thereafter,  three  members  of  the  Board  of  Managers  of  the  Indus- 
trial School  of  Reform,  for  a  term  of  three  years.  (Elliott's 
Digest,  439.) 

The  Mayor  and  Council  of  the  city  of  Louisville  shall,  in  May 
of  each  year,  appoint  one  manager  of  the  Cook  Benevolent  Insti- 
tution, who  shall  hold  his  oflfice  for  one  year.  (Elliott's  Digest, 
257.) 

One  English  and  one  German  daily  newspaper  printed  in  the 
city  of  Louisville,  and  having  the  largest  permanent  circulation 
in  said  city,  shall  be  elected  by  the  General  Council  in  May,  1904, 
and  annually  thereafter,  to  do  the  public  advertising.  (Ordinance, 
page  19.) 

IN  SEPTEMBER. 

The  Board  of  Equalization  shall  consist  of  three  citizens  of  the 
city  of  Louisville,  who  shall  be  elected  annually  in  the  month  of 
September  by  the  Board  of  Aldermen.     (Ky.  St.  §  2993.) 

BEFORE  OCTOBER. 

In  the  year  1908,  before  October  1,  and  every  five  years  there- 
after, a  Board  of  Arbitration  to  fix  the  price  of  gas  shall  be 
chosen  as  follows :  Three  civil  engineers  shall  be  selected,  one  by 
the  Mayor,  with  the  approval  of  the  General  Council,  one  by  the 
directors  of  the  Louisville  Gas  Company,  and  the  other  by  the 
two  so  chosen.  (See  charter  Louisville  Gas  Company,  approved 
March  16,  1888.) 


ELECTIONS  AND  APPOINTMENTS  BY  GEN.  COUN.  AND  MAYOR.     15 

IN  OCTOBER. 
The  General  Council  shall,  in  the  month  of  October,  of  each 
year,  elect  a  Commissioner  of  the  Sinking  Fund,  for  a  term  of 
three  years,  to  fill  the  place  of  the  Commissioner  whose  term 
of  service  expires  that  year.  (Burnett's  City  Code,  703;  Ky.  St. 
§  3010.) 

ADDITIONAL  APPOINTMENTS. 

Department  Counsel  appointed  by  the  Mayor  for  four  years. 
Under  the  Jail  Matron  Act  of  March  5,  1912,  it  is  provided 
that  the  Mayor,  Judge  of  the  Criminal  Court  and  the  Judge 
of  the  County  Court  shall  constitute  a  Board  to  appoint  for  the 
county  jail  a  police  matron  and  assistant  police  matron,  and  the 
Mayor  may  also  appoint  two  assistant  matrons  for  each  of  the 
station  houses  designated  by  the  Mayor  for  the  detention  of 
female  prisoners.  (Ky.  St.  §  2877a.) 
Sec.  3a  of  the  Act  also  provides: 

"A  board   of  women   shall  exist  to  be  constituted  as 
follows,  viz.:  Home  for  Friendless  Women,   Flower   Mis- 
sion,   Free    Kindergarten    Association,    Humane    Society, 
Associated    Charities,    the    Women's    Club    of    Louisville, 
Kentucky    Children's    Home    Society,    District    Women's 
Christian    Temperance    Union    of    Louisville,    Kentucky, 
and  Woman's  Christian  Association.    If  all  of  said  Associ- 
ations shall  not  appoint  a  representative  on  said  committee 
then  the  Mayor  shall  make  the  appointment  herein  provided 
for  upon  the  recommendation  of  those  of  the  said  Associ- 
ation who  do  appoint  a  representative  upon  said  committee." 
(See  Ky.  St.  §  2877a.) 
The  Board  of  Public  Safety,  with  the  approval  of  the  Mayor, 
shall  appoint  a  Chief  Meat  Inspector  and  one  First  Assistant 
Meat  Inspector,  and  may  appoint  not  to  exceed  two  such  addi- 
tional Meat  Inspectors  as  shall  be  necessary ;  they  shall  also  ap- 
point one  Lay  Inspector  and  may  appoint  not  to  exceed  one  addi- 
tional Lay  Inspector  for  each  slaughter  house,  if  necessary;  all 
of  said  appointments  shall  be  for  a  term  of  two  years. 

By  Act  of  March,  1916,  the  Judge  of  the  Police  Court  is 
authorized  to  appoint  a  court  matron  of  the  Police  Court  for  a 
term  of  two  years,  and  at  a  salary  of  $75.00  a  month  (Charter, 
§  2928b.) 


16  ELECTIONS  BY  THE  PEOPLE. 

ELECTIONS  BY  THE  PEOPLE. 

The  following  officers  are  elected  for  a  term  of  four  years  in 
November:  The  Mayor  (Ky.  St.  §2784  et  seq.)  ;  Police  Judge, 
Prosecuting  Attorney  of  the  Police  Court,  Clerk  of  the  Police 
Court,  Bailiff  of  the  Police  Court  (Ky.  St.  §2911);  Tax  Re- 
ceiver (Ky.  St.  §  2904)  ;  City  Auditor  (Ky.  St.  §  2901)  ;  City 
Treasurer  (Ky.  St.  §  2902)  ;  three  Park  Commissioners  (Ky. 
St.  §2841.) 

The  twelve  members  of  the  Board  of  Aldermen,  and  the 
twenty-four  members  of  the  Board  of  Councilmen,  the  two 
Boards  constituting  the  General  Council,  are  elected  every  two 
years  in  November.     (Ky.  St.  §  2766,  2767,  and  Const.  160) . 

The  five  members  of  the  Board  of  Education  are  elected  as 
follows : 

^'Within  one  week  after  the  organization  of  said  Board 
it  shall  meet  to  divide  its  members  by  lot  in  such  manner 
as  they  shall  determine  into  two  classes,  as  follows :  The 
first  class  consisting  of  two  members  shall  hold  office 
through  the  31st  day  of  December,  1912,  the  second  class 
consisting  of  three  members  shall  hold  office  through  the 
1st  day  of  December,  1914.  Thereafter  at  each  regular 
election  held  in  November  of  each  even-numbered  year, 
members  shall  be  elected  as  hereinbefore  provided,  to  take 
,  the  place  of  those  whose  terms  will  next  expire,  and  the 
members  so  chosen  shall  hold  office  for  four  years,  or  until 
their  successors  are  elected  and  qualified."  (See  herein 
Charter,  Sec.  2978a.) 


GENERAL  ORDINANCES. 


(1)  ADVERTISEMENTS. 
Posting  on  Vacant  Property, 

AN  ORDINANCE  prohibiting  the  nailing  or  pasting  of  display 
cards,  advertising  matter  or  show  bills  on  vacant  property 
in  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Cou7icil  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  unlawful  for  any  person  to  nail,  tack, 
or  in  any  other  way  fasten  on  the  outside  or  inside  of  any  vacant 
house  in  the  city  of  Louisville,  any  show  bill,  display  card,  or 
advertisement  of  any  kind  whatsoever,  without  the  written  con- 
sent of  the  owner  or  agent  of  the  property. 

§  2.  For  any  violation  of  the  provisions  of  this  ordinance 
the  party  offending,  on  conviction  therefor,  shall  be  fined  not 
less  than  $10.00  nor  more  than  $25.00  for  each  offense. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pass- 
age.    {Approved  April  12,  1900.) 


(2)  ADVERTISEMENTS. 
Posting  on  Poles,  Trees,  etc. 

AN. ORDINANCE  in  relation  to  posting  bills,  advertisements, 
etc.,  on  poles  supporting  telegraph,  telephone,  electric  light, 
or  fire  alarm  wires. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  unlawful  for  any  person  or  persons 
to  nail  or  paste  any  bill  or  poster,  placard,  or  advertisement  to 
any  post  or  pole  used  for  supporting  telegraph,  telephone,  electric 
light,  fire  alarm  wires,  or  upon  any  pole  or  post,  or  upon  any 
tree-box,  tree  guard,  or  upon  any  tree. 

§  2.  Any  person  or  persons  violating  the  provisions  of  the 
first  section  of  this  ordinance,  on  conviction  thereof,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  fined  for  each 
offense  not  less  than  five  dollars  ($5)  nor  more  than  fifteen  dol- 
lars ($15).     {Approved  September  IQ,  1^^^.) 

(See  also  Bridges;  Monuments.) 


18  ADVERTISEMENTS. 


(3)  ADVERTISEMENTS. 

Posting  on  House  or  Fence. 

AN  ORDINANCE  prohibiting  the  posting  of  hand-bills,  etc.,  in 
the  city  of  Louisville. 

Be  it  ordaiyied  by  the  General  Council  of  the  city  of  Louisville: 
A  fine  of  five  dollars  is  hereby  imposed  upon  any  and  all 
persons  who  shall  paste  a  hand-bill  or  print  an  advertisement 
on  any  house  or  fence,  whether  public  or  private,  without  the 
consent  of  the  owner.  And  the  same  fine  is  also  imposed  upon 
any  and  all  persons  for  whose  benefit  said  hand-bills  or  printed 
advertisements  are  put  up.  It  is  hereby  made  the  duty  of  the 
police  to  give  information  against  all  persons  who  may  violate 
this  ordinance.     (Approved  December  17,  1855.) 


(4)  ADVERTISEMENTS. 

Printed  Matter  Concerning  Secret  Diseases. 

AN   ORDINANCE   concerning  the   display  or   distribution    of 
printed  matter  concerning  "secret  diseases." 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
It  shall  be  unlawful  for  any  one  to  placer  or  cause  to  be  placed 
in  any  street  or  alley,  or  on  any  wall,  fence,  or  other  place  ex- 
posed to  public  view,  within  the  city  limits,  any  indecent  or 
gross  painted,  printed,  or  written  advertisement,  bill,  or  notice 
of  professional  skill,  or  remedies  for  treatment  of  what  are 
usually  called  "secret  diseases,"  or  to  leave  or  cause  to  be  left 
any  such  notices,  bills,  or  advertisements,  whether  inclosed  in  an 
envelope  or  other  form,  or  uninclosed,  in  any  yard,  or  premises 
attached  to  any  dwelling-house  within  the  city,  or  under  any 
door,  or  to  give  or  cause  to  be  given  to  any  servant  or  person 
about  such  dwelling-house  or  premises  any  such  notices,  bills, 
or  advertisements.  For  a  violation  of  any  of  the  provisions  of 
this  ordinance  the  party  offending  shall,  for  each  offense,  be 
fined  not  less  than  fifty  dollars  ($50)  nor  more  than  one  hundred 
dollars  ($100)  ;  and,  moreover,  shall  be  subject  to  be  arrested 
and  held  in  custody  for  trial  before  the  judge  of  the  City  Court 
of  Louisville.     {Approved  December  9,  1867.) 


ADVERTISEMENTS.  19 


(5)   ADVERTISEMENTS.* 

Dishonest  Advertising  Defined  and  Prohibited. 

AN  ORDINANCE  to  prevent  fraudulent,  deceptive  and  mislead- 
ing advertising. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  No  person,  firm  or  corporation,  with  intent  to  sell  or 
in  any  wise  dispose  of  merchandise,  securities,  service,  or  any 
other  thing,  offered  directly  or  indirectly  by  such  person,  firm 
or  corporation  to  the  public  for  sale  or  distribution,  or  in  order 
to  induce  the  public  to  acquire  an  interest  therein,  or  incur  any 
obligation  relating  thereto,  shall  make,  publish,  circulate  or 
otherwise  place  before  the  public,  or  cause  to  be  placed  before 
the  public,  in  a  newspaper,  or  in  any  other  form  of  publication, 
or  in  any  pamphlet,  handbill,  letter  or  in  any  other  way,  any  ad- 
vertisement of  any  sort  regarding  such  thing  so  offered  to  the 
public  which  contains  a  representation  or  statement  which  is  un- 
true, deceptive,  misleading  or  fraudulent. 

§  2.  Any  person,  firm  or  corporation  violating  this  ordinance 
shall  be  subject  to  a  fine  of  not  less  than  five  ($5)  dollars  nor 
more  than  twenty-five  ($25)  dollars,  and  each  publication  shall 
be  deemed  a  separate  offense. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pass- 
age.    (Approved  September  15,  1914.) 

(See  also  Itinerant  Vendors;  Convict  Made  Goods.) 


ADVERTISING  BY  THE  CITY. 

Selection  of  Newspapers — Compensation. 

AN  ORDINANCE  to  regulate  the  public  advertising  of  the  city 

of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  all  matters  to  be  published  or  advertised  in  the 
newspapers,  by  ordinance,  resolution,  or  by  an  act  for  the  gov- 
ernment of  cities  of  the  first  class,  shall  be  published  in  one  daily 
newspaper  in  the  English  language  and  one  printed  in  the  Ger- 
man language. 


*See   also  Act  of  1916  on  same   subject. 


20  ANIMALS. 


§  2.  The  General  Council  shall,  in  the  month  of  May  in  each 
year,  elect  the  two  daily  papers  to  do  the  pubHc  advertising. 

§  3.  The  proceedings  of  the  General  Council  shall  be  pub- 
lished on  the  second  day  after  the  meeting. 

§  4.  The  compensation  to  be  allowed  for  the  public  adver- 
tising shall  not  exceed  40  cents  per  square  for  each  insertion. 

§  5.  No  display  type  shall  be  used  in  printing  the  official  ad- 
vertising. Nonpareil  type  shall  be  used  for  all  official  advertis- 
ing. 

§  6.  All  ordinances  or  resolutions  in  conflict  herewith  be  and 
are  hereby  repealed. 

§  7.  This  ordinance  to  take  effect  from  and  after  its  publica- 
tion.     (Approved  August  30,  1901.) 


(1)  ANIMALS. 

Cruelty  to  Animals. 

AN  ORDINANCE  prohibiting  cruelty  to  animals. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
Any  person  who  shall  beat  or  otherwise  injure  or  misuse  a 
horse  or  other  animal  in  an  immoderate,  cruel,  or  unnecessary 
degree,  or  who  shall  leave  or  cause  to  be  left,  any  wounded, 
maimed,  diseased,  or  worn-out  horse  or  mule,  on  any  street, 
alley,  lot,  or  on  the  commons,  to  die  a  lingering  death,  shall,  for 
each  offense,  be  fined  not  exceeding  $50.  {Approved  August  25, 
1868.)      (See  also  Live  Stock.) 


(2)  ANIMALS. 

Dead  Bodies,  etc.,  Thrown  in  Sewers. 

AN  ORDINANCE   prohibiting  the  throwing  of  dead  animals 

in  the  sewers  of  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
It  shall  be  unlawful  for  any  person  to  place  or  throw  any 
dead  animal  or  any  substance  in  or  near  any  catchbasin  or 
sewer,  whereby  the  flow  of  water  through  any  sewer  may  be- 
come obstructed.     Any  person  violating  this  ordinance  shall  be 


ANIMALS.  21 


fined  not  less  than  $10  nor  more  than  $20  for  each  offense.     (Aj)- 
proved  August  18,  1874.)      (See  also  Seivers,) 


(3)   ANIMALS. 

Regulating  Removal  of  Dead  Bodies. 

AN  ORDINANCE  regulating  the  removal  of  the  bodies  of  dead 
animals  not  slain  for  food  or  useful  arts,  through  the  public 
streets  and  alleys  of  the  city  of  Louisville,  and  providing 
compensation  therefor  and  penalties  for  violation  of  its  pro- 
visions. 

Be  it  ordai7ied  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  Hereafter  it  shall  be  the  duty  of  the  public  contractor, 
for  and  during  the  period  of  his  contract,  to  remove  out  of  the 
city  of  Louisville  and  beyond  the  limits  of  the  city  of  Louisville, 
as  now  or  may  be  hereafter  established,  the  remains  and  car- 
casses of  every  dead  horse,  mule,  mare,  ox,  steer,  bull,  cow,  ass, 
hog,  sheep,  goat,  calf,  cat,  dog,  or  other  animal  not  smaller  than 
a  cat,  that  has  not  been  slain  for  food  or  to  be  used  in  useful 
arts,  and  is  found  or  m.ay  be  within  the  limits  of  the  city  of 
Louisville,  within  twelve  hours  of  daylight  after  a  report  shall 
be  made  to  said  public  contractor,  by  or  through  the  Police  De- 
partment, or  by  or  through  any  policeman  of  the  city  of  Louis- 
ville, or  any  authorized  agent  of  the  Board  of  Health  in  charge 
,of  said  remains  or  carcass,  unless  sooner  removed  or  caused  to 
be  removed  by  the  owner  of  such  carcass  or  his  agent,  and  the 
public  contractor  shall  observe  every  care  and  use  of  the  utmost 
precaution  that  the  remains  and  carcasses  of  said  animals  be 
conveyed  away  in  the  most  inoffensive  manner  possible,  causing 
them  to  be  covered  with  tarpaulins  or  otherwise.  The  drivers  of 
the  teams  conveying  such  carcasses  shall  not  stop  on  the  way, 
unless  detained  by  some  unforeseen  accident,  under  a  penalty  of 
not  less  than  five  nor  more  than  twenty  dollars  for  each  offense, 
which  fine  shall,  upon  the  conviction  of  any  driver  or  drivers  of 
such  teams,  be  recovered  and  enforced  as  other  fines  imposed  by 
the  ordinances  of  the  city  of  Louisville. 

§  2.  It  shall  be  unlawful  for  any  person  or  co-partnership 
of  persons  or  corporations  who  has  established  or  may  here- 
after establish  outside  the  city  limits  of  Louisville  and  in  the 


22  ANIMALS. 


county  of  Jefferson,  a  place  for  the  rendering  of  dead  animals 
to  buy  from  the  owner  or  his  agent  the  remains  or  carcasses  of 
dead  animals  within  the  limits  of  the  city  of  Louisville,  and  to 
move  the  same  outside  the  said  city  limits,  as  now  established 
or  may  hereafter  be  established,  within  twelve  hours  of  daylight 
after  the  death  of  said  animals,  and  in  moving  the  same  the  party 
or  parties  so  moving  shall  be  governed  by  the  same  rules  in  sec- 
tion 1  of  this  ordinance  governing  the  public  contractor  in  mov- 
ing dead  animals. 

§  3.  The  public  contractor,  in  removing  the  animals  and  car- 
casses mentioned  in  section  1,  shall  remove  them  to  such  place 
outside  of  the  limits  of  the  city  of  Louisville  as  now  established 
or  as  may  be  hereafter  established,  and  within  the  limits  of  the 
county  of  Jefferson. 

§  4.  The  remains  and  carcasses  of  all  dead  animals  men- 
tioned, referred  to,  and  embraced  in  section  1  as  shall  die  or 
be  found  upon  any  public  street,  alley,  highway,  or  upon  any 
uninclosed  lot  or  commons  within  the  limits  of  the  city  of  Louis- 
ville, and  not  removed  or  caused  to  be  removed  by  the  owner 
or  his  agent  within  twelve  hours  of  dayligbt  after  the  death 
of  said  animal,  shall  be  removed  by  the  public  contractor,  as 
hereinbefore  provided  in  this  ordinance,  and  the  surplus  of  profit, 
if  any,  that  may  remain  from  the  rendering  or  disposition  of 
said  animal  shall  belong  to  the  public  contractor. 

§  5.  The  public  contractor  shall,  before  being  authorized 
to  perform  the  duties  and  enjoy  the  privileges  granted  by  this' 
ordinance,  execute  to  the  city  of  Louisville  a  bond,  with  good 
and  sufficient  surety,  in  the  sum  of  $1,000,  to  be  approved  by 
the  Board  of  Public  Safety,  and  filed  ^nd  preserved  in  the  office 
of  the  City  Comptroller,  conditioned  for  the  faithful  and  punctual 
performance  of  the  duties  imposed  by  this  ordinance. 

§  6.  It  shall  be  the  duty  of  the  Police  Department  and  of 
the  Health  Department  to  notify  the  public  contractor,  his 
officers  or  agents,  of  the  whereabouts  of  the  remains  or  carcass 
of  every  dead  animal,  not  slain  for  food  or  to  be  used  in  useful 
arts,  which  they  may  find,  or  of  the  existence  of  which  within 
the  city  limits,  they  may  be  informed,  as  soon  as  possible.  For 
the  purpose  of  receiving  such  notice,  the  public  contractor  shall 
maintain  and  keep  an  office  within  the  limits  of  the  city  of 


ANIMALS.  23 


Louisville  or  county  of  Jefferson,  which  shall  be  in  telephone 
communication  with  some  headquarters  of  the  Police  Depart- 
ment or  the  Health  Department  of  the  city  of  Louisville. 

§  7.  Upon  the  failure  of  the  public  contractor  to  remove 
the  remains  or  carcass  of  any  dead  animal  mentioned  in  sec- 
tion 1  of  this  ordinance  within  twelve  hours  of  daylight  after 
receiving  notification,  unless  the  owner  or  his  agent  has  re- 
moved or  caused  the  same  to  be  removed,  as  herein  provided, 
he  shall  be  subject  to  a  fine  of  not  less  than  five  ($5)  nor  more 
than  twenty  dollars  ($20)  for  every  offense,  such  fine  to  be  re- 
covered as  other  fines  under  ordinances  of  the  city  of  Louis- 
ville; and  upon  the  third  conviction  thereof,  within  any  twelve 
months,  the  contract  shall,  upon  such  third  conviction,  become 
void  and  forfeited,  and  such  person,  co-partnership,  or  corpora- 
tion shall,  upon  such  third  conviction,  cease  to  be  the  public 
contractor,  and  the  Board  of  Public  Safety  shall  immediately 
thereupon  advertise  for  proposals  and  award  the  contract  for 
the  unexpired  term  in  the  manner  as  provided  hereinafter  in 
section  9. 

§  8.  After  the  passage  of  this  ordinance  it  shall  not  be  lawful 
for  any  person  whatsoever,  or  co-opartnership  of  persons  or 
corporation,  except  the  owner,  his  agent,  or  persons  granted  the 
privilege  in  section  2  of  this  ordinance,  and  the  public  contractor, 
to  remove  the  remains  or  carcasses  of  any  dead  animal  as  speci- 
fied in  section  1  of  this  ordinance,  through  the  streets,  alleys 
or  highways  of  the  city  of  Louisville,  and  any  person  or  co- 
partnership of  persons  or  corporations  so  hauling  or  removing 
said  dead  animals  shall,  upon  conviction  thereof,  be  fined  not 
less  than  five  ($5)  nor  more  than  twenty-five  dollars  ($25)  for 
each  and  every  offense,  which  fine  or  fines  shall  be  recovered  as 
other  fines  under  the  ordinances  of  the  city  of  Louisville,  and 
the  removal  of  the  remains  or  carcasses  of  each  of  th€  animals 
mentioned  in  section  1  shall  constitute  a  separate  offense. 

§  9.  Immediately  after  the  passage  of  this  ordinance  the 
Board  of  Public  Safety  shall  advertise  for  proposals  to  re- 
move the  remains  and  carcasses  of  all  dead  animals,  as  pro- 
posed in  section  1  of  this  ordinance,  and  award  the  contract 
for  the  space  of  three  years  to  the  highest  and  best  bidder. 
The  party  to  whom  such  contract  shall  be  awarded  shall  become, 
and  be  for  the  period  of  three  years,  the  public  contractor,  and 


24  ANNEXATION. 


shall,  during  said  period,  enjoy  the  privileges  and  be  subject  to 
the  penalties  and  burdens  provided  in  this  ordinance.  Before 
being  awarded  said  contract  the  said  contractor  shall  execute  a 
bond,  as  provided  for  in  section  5  of  this  ordinance.  Said  con- 
tract, when  so  made,  shall  be  transmitted  to  the  General  Coun- 
cil for  approval. 

§  10.  All  ordinances  in  conflict  herewith  are  hereby  repealed, 
and  this  ordinance  shall  take  effect  from  and  after  its  passage. 
{Approved  September  14,  1899.) 


ANNEXATION. 

Territory  in  Jefferson  County. 

AN  ORDINANCE  proposing  an  extension  of  the  boundary  lines 
of  the  city  of  Louisville,  so  as  to  include  the  cities  of  High- 
land Park  and  Oakdale  and  other  portions  of  the  territory 
of  Jefferson  county  adjacent  to  the  limits  of  the  city  of 
Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  is  deemed  desirable  to  extend  the  boundaries  of 
the  city  of  Louisville,  so  as  to  include  the  following  described 
territory  now  embraced  within  the  county  of  Jefferson,  portions 
of  which  are  embraced  in  the  limits  of  Highland  Park  and  Oak- 
dale,  all  lying  and  being  within  the  following  limits,  namely: 

Beginning  in  the  present  city  boundary  line  where  the  same 
intersects  the  southeast  line  of  Edwards  avenue,  which  point  is 
200  feet  north  of  Letterle  avenue;  running  thence  northeast 
along  the  southeast  line  of  Edwards  avenue  to  la  point  1,500  feet 
north  of  Letterle  avenue,  measured  at  right  angles  thereto; 
thence  eastwardly  in  a  line  1,500  feet  north  of  and  parallel  with 
Letterle  avenue  and  Brownsboro  road  to  a  point  in  the  south- 
west line  of  Richard  S.  Veech's  502-acre  tract,  running  thence 
southeastwardly  with  said  Veech's  line  and  crossing  the  Browns- 
boro road  to  the  present  city  boundary  line,  thence  with  said  city 
boundary  line  in  a  southeastwardly  direction  to  a  corner  com- 
mon to  the  property  of  the  Louisville  Water  Com.pany,  Mary  E. 
Tyler  and  A.  W.  Bauer ;  thence  following  the  present  city  bound- 
ary line  in  a  southwestwardly  direction  to  a  point  200  feet  north- 
east of  Finley  avenue;  thence  in  a  southeastwardly  direction  in 


ANNEXATION.  25 


a  line  parallel  with  Finley  avenue  and  Cannons  lane,  being  dis- 
tant about  200  feet  northeast  therefrom,  to  a  point  in  a  line 
common  to  Sarah  C.  Thompson  and  Cherokee  court  subdivision ; 
thence  southwestv^ardly  with  said  line  and  said  line  if  extended 
to  a  point  300  feet  southwest  of  Cannons  lane ;  thence  northwest 
in  a  line  300  feet  southwest  of  and  parallel  to  Cannons  lane  to 
the  northwest  line  of  a  tract  of  land  containing  537  75/100  acres 
and  belonging  to  the  estate  of  Mary  E.  B.  Von  Zedwitz,  which 
line  is  also  a  line  of  the  property  of  the  Louisville  Gas  and  Elec- 
tric Company,  Ada  S.  Wilson  and  J.  M.  Atherton;  running 
thence  southwest  along  said  line  to  the  northwestern  corner  of 
said  Von  Zedwitz  property,  which  is  also  the  northeast  line  of 
John  B,  McFerran ;  thence  along  the  southwest  line  of  Von  Zed- 
witz property  to  a  point  in  said  line  which  is  the  southeast  corner 
of  Andrew  Cowan's  19-acre  tract ;  thence  in  a  southwestwardly 
direction  with  line  common  with  said  Andrew  Cowan,  Thomas 
Flountleroy  and  Paul  Discher  estate  to  a  point  in  the  north- 
easterly line  of  Forrest  Everett  and  corner  to  Andrew  Cowan 
and  Paul  Discher  estate;  thence  with  the  northeasterly  line  of 
the  5.02-acre  tract  of  Forrest  Everett  and  the  5.1-acre  tract  of 
Sallie  Talbott  to  a  point  in  the  northern  line  of  Taylorsville 
road  and  corner  to  Sallie  Talbott ;  thence  in  a  westwardly  direc- 
tion with  the  northern  line  of  the  Taylorsville  road  to  a  point 
of  intersection  of  said  line  of  Taylorsville  road  with  the  north- 
easterly line  of  Kaelin's  subdivision,  if  extended;  thence  with 
the  northeasterly  line  of  Kaelin's  subdivision,  if  extended,  and 
crossing  the  Taylorsville  road  to  a  corner  of  the  Kaelin's  sub- 
division and  in  the  south  side  of  the  Taylorsville  road,  running 
thence  southeastwardly  with  the  Kaelin  subdivision's  northeast 
line  to  the  corner  common  to  the  Kaelin  subdivision  and  Burdett 
children ;  running  thence  with  the  southeast  line  of  the  Kaelin 
subdivision  and  said  line  if  extended  to  a  point  in  the  south- 
westerly side  of  Zimlich  lane;  thence  west  in  la  direct  line  to  a 
point  in  the  northeast  line  of  Newberg  road  500  feet  southeast 
of  Gerlach  avenue;  thence  northwest  along  the  northeast  line 
of  Newberg  road  to  a  point  200  feet  southeast  of  Shady  lane; 
thence  southwest  in  a  line  200  feet  southeast  of  and  parallel  to 
Shady  lane  iand  Shady  lane  if  extended,  to  a  line  200  feet  south- 
west of  Baxter  avenue;  thence  northwest  in  a  line  200  feet 
southwest  of  and  parallel  to  Baxter  avenue  to  a  point  410  feet 


26  ANNEXATION. 


southeast  of  Eastern  parkway;  thence  southwest  in  a  line  410 
feet  southeast  of  and  parallel  to  Eastern  parkway  to  the  north- 
east line  of  a  road  which  is  an  extension  of  Barrett  avenue; 
thence  across  said  road  to  a  point  in  the  northeasterly  line  of 
Gheens  Realty  Company ;  thence  southeasterly  with  said  line  and 
said  road  io  a  point  corner  to  Gheens  Realty  Company  and  Paul 
A.  Neff  estate;  thence  southwest  along  the  line  common  to  said 
Gheens  Realty  Company  and  said  Paul  A.  Neff  estate  to  the 
northeast  line  of  Fred   Schurch;  thence   southeast  along   said 
Schurch  line  to  the  line  common  to  Schurch  and  Margaret  Hillen- 
brand; thence  southwest  along  the  line  common  to  Schurch  and 
Hillenbrand,  v/hich  is  also  the  southeast  line  of  the  Louisville 
Cemetery  Company  to  the  northeast  line  of  the  Poplar  Level 
road;  thence  across  the  Poplar  Level  road  to  a  point  of  inter- 
section of  southwest  line  of  Poplar  Level  road  and  the  north- 
west line  of  Clarks  lane;  thence  southwest  along  the  northwest 
line  of  Clark's  lane  to  the  northeast  line  of  Preston  Street  road ; 
thence  across  said  road  to  the  southwest  line  of  the  same  where 
it  is  intersected  by  the  northwest  line,  if  extended,  of  the  first 
alley  southeast  of  Harrison  avenue;  thence  southwest  along  the 
northwest  line  of  said  alley  and  said  line,  if  extended,  to  the 
west  line  of  the  Ash  Bottom  road ;  thence  south  along  the  west 
line  of  the  Ash  Bottom  road  to  the  north  line  of  the  city  of 
Highland  Park;  thence  east  along  the  north  line  of  the  city  of 
Highland  Park  to  the  east  line  of  said  city;  thence  southeast, 
southwest  and  northwest  along  the  boundary  lines  of  Highland 
Park  so  as  to  include  said  city,  to  the  southeast  line  of  the 
Douglas  Park  Jockey  Club;  thence  southwest  along  the  south- 
east line  of  the  Douglas  Park  Jockey  Club  and  said  line,  if  ex- 
tended, to  a  point  in  said  line  300  feet  east  of  the  eastern  line  of 
the   New   Cut  road;   thence   in   a   southeasterly   direction   and 
parallel  to  the  eastern  line  of  the  New  Cut  road,  and  distant 
300  feet  therefrom  to  a  point  in  the  line  common  to  Herman 
Krebs  and  Iroquois  Park,  if  said  line  were  extended  eastwardly ; 
thence  southwestwardly  and  across  the  New  Cut  road  to  a  point 
corner  to  Iroquois  Park  and  Herman  Krebs ;  thence  in  a  general 
iwestern    direction    following    the    southeastern    and    southern 
boundaries  of  Iroquois  Park  to  the  west  line  of  Iroquois  Park; 
thence  in  a  general  northern  direction  following  the  western 
boundary  of  said  park  to  the  southwest  corner  of  George  J. 


ANNEXATION.  27 


Marrett's  70  acres;  thence  north  along  Marrett's  west  line  to 
a  line  300  feet  west  of  Churchman  avenue,  and  Churchman 
avenue,  if  extended;  thence  north  in  a  line  300  feet  west  of 
Churchman  avenue  and  Churchman  avenue  if  extended,  to  a 
point  which  is  in  a  direct  southern  extension  of  the  west  line 
of  that  part  of  Jacobs  Addition  as  laid  out  south  of  Conn  street, 
which  is  also  the  east  line  of  Thornberry's  and  Conn's  proper- 
ties ;  thence  north  along  the  above  described  west  line  of  Jacobs 
Addition  and  said  line  extended,  to  the  north  line  of  the  first 
alley  north  of  Berry  boulevard ;  thence  northeast  in  a  direct  line 
to  a  point  in  the  northeast  line  of  Thornberry  avenue,  where  the 
same  is  intersected  by  the  southwest  line  of  Fairview  avenue ; 
thence  northwest  along  the  northeast  line  of  Thornberry  avenue 
to  the  southeast  corner  of  Lena  "Wurtele's  6-acre  tract;  thence 
northeasterly  with  the  southeast  line  of  Lena  Wurtele's  6-acre 
tract  and  46.75-acre  tract  to  the  eastern  corner  of  Lena  Wur- 
tele's 46.75-acre  tract;  thence  in  a  northwesterly  direction  with 
the  northern  line  of  Lena  Wurtele's  46.75-acre  tract,  and  said 
line  if  extended  to  a  point  in  the  eastern  line  of  Fred  Wing- 
field's  18-acre  tract  at  a  corner  common  to  Fred  Wingfield  and 
Katie  S.  Hoetzer's  3i/2-acre  tract;  thence  in  a  northeasterly 
direction  with  the  line  of  said  Wingfield's  said  18-acre  tract  to 
a  point  in  the  southern  line  of  Bernheim's  lane;  thence  across 
said  Bernheim.'s  lane  to  a  point  in  the  northern  line  of  Bern- 
heim's lane,  same  being  the  comer  between  John  E.  Schaefer's 
11.83-acre  tract  and  John  Weikel's  4V;i-acre  tract,  thence  west- 
fwardly  with  the  northern  line  of  Bernheim's  lane  to  a  point  in 
the  eastern  line  of  the  Eighteenth  Street  road,  and  being  corner 
of  the  Eighteenth  Street  road  and  Bernheim's  lane ;  thence  west- 
wardly  in  a  direct  line  to  a  point  in  the  eastern  line  of  Cane  Run 
road,  corner  common  to  Florence  M.  Walker's  estate's  14.75- 
acre  tract  and  M.  L.  Miller's  8.96-acre  tract;  thence  westwardly 
to  a  point  500  feet  west  of  the  eastern  boundary  line  of  the 
Standard  Oil  Company's  212.508^acre  tract  and  1,200  feet  north 
of  the  northern  line  of  Bell's  lane;  thence  north  in  a  line  500 
feet  west  of  and  parallel  to  said  line  of  the  Standard  Oil  Com- 
pany to  a  line  380  feet  southwest  of  W^estern  parkway;  thence 
north  and  northwest  in  a  line  380  feet  west  of  and  parallel  to 
Western  parkway  to  the  south  line  of  the  property  of  United 
States  of  America  and  used  at  present  as  a  fish  hatchery ;  thence 


28  APPORTIONMENT  WARRANTS. 


west  along  said  United  States  line  and  said  line,  if  extended,  to 
the  low  water  line  on  the  west  bank  of  the  Ohio  river;  thence 
along  the  low  water  line  of  the  west  bank  of  the  Ohio  river  to 
the  present  city  boundary  line,  which  is  a  line  210  feet  south  of 
and  parallel  to  Virginia  avenue,  if  extended;  thence  following 
the  present  southern  and  eastern  boundary  line  of  the  city  of 
Louisville  to  the  point  of  beginning. 

§  2.  This  ordinance  shall  take  effect  from  and  after  January 
1,  1919,  and  all  ordinances  in  conflict  herewith  are  hereby  re- 
pealed. 


APPORTIONMENT  WARRANTS. 

AN  ORDINANCE  relating  to  apportionment  warrants  in  the 
city  of  Louisville,  Kentucky. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  to  enable  the  city  to  apportion  the  cost  among 
owners  of  ground  liable  for  the  cost  of  the  improvement  for  the 
original  construction  of  any  street,  alley,  sidewalk,  road,  lane, 
avenue,  highway,  thoroughfare,  well,  cistern,  or  for  the  recon- 
struction of  any  sidewalks  provided  for  by  section  70  of  "An  act 
for  the  government  of  cities  of  the  first  class,"  approved  July 
1,  1893,  the  City  Assessor  shall  furnish  to  the  Board  of  Public 
Works  a  list  of  the  names  of  such  owners  and  a  description  of 
the  ground  owned  by  each,  and  when  said  list  and  description 
shall  have  been  furnished,  and  the  work  received  as  completed, 
and  apportioned  by  the  Board  of  Public  Works,  and  approved  by 
the  General  Council  and  the  Mayor,  the  city  will  furnish  war- 
rants for  the  cost  of  improvements  against  the  owners  of  ground 
liable  therefor. 

§  2.  The  clerk  of  the  Board  of  Public  Works  shall  make 
out  all  apportionment  warrants  which  have  been  ordered  by  the 
General  Council,  and  approved  by  the  Mayor,  both  original  and 
corrected,  for  which  liens  are  given  for  improvements,  as  pro- 
vided in  section  1  of  this  ordinance,  and  shall  enter  the  same  in 
a  register  kept  by  him  for  that  purpose  within  two  days  after 
approval  by  the  Mayor,  and  shall  keep  said  register  properly 
indexed.  The  lien  shall  exist  from  the  date  of  approval  of  the 
apportionment  by  the  Mayor. 


ASSESSOR.  29 


§  3.  It  shall  be  the  duty  of  the  holder  of  the  said  warrants, 
when  he  shall  have  obtained  payment  or  satisfaction  of  the 
same,  to  mark  upon  said  register  "Paid."  Any  person  receiving 
payment  or  satisfaction  of  an  apportionment  warrant  who  shall 
fail  to  mark  upon  the  register  "Paid,"  within  two  days  after 
such  payment  or  satisfaction,  shall  be  fined  not  less  than  five 
dollars  ($5)  nor  more  than  ten  dollars  ($10)  for  each  day  he 
shall  so  fail  or  refuse. 

§  4.  Said  clerk  of  the  Board  of  Public  Works,  immediately 
after  entering  the  warrants  on  said  register,  shall  return  the 
original  apportionment  to  the  Comptroller. 

§  5.  All  ordinances  in  conflict  with  this  ordinance  be  and 
are  hereby  repealed. 

§  6.  This  ordinance  shall  take  effect  from  and  after  its  pub- 
lication. (Approved  June  26,  1894.)  (See  also  Warrants.) 
(See  Ky.  St.  §  2839.) 


(1)  ASSESSOR.- 
Regulating  His  Duties. 

AN  ORDINANCE  regulating  the  duties  of  the  City  Assessor 
with  respect  to  tax  bills  on  assessments  made  by  the  State 
Railroad  Commission  and  State  Board  of  Valuation  and 
Assessment. 

Be  it  ordained  by  the  General  Council  of.  the  city  of  Louisville: 

§  1.  That  it  shall  be  the  duty  of  the  City  Assessor,  and  he 
is  hereby  authorized  and  directed  to  make  out  against  all  cor- 
porations, companies,  and  associations  the  tax  bills  for  each 
fiscal  year  on  the  amount  of  the  assessments  which  have  been 
heretofore,  or  which  may  hereafter,  be  made  by  the  State  Rail- 
road Commission  and  the  State  Board  of  Valuation  and  Assess- 
ments, respectively,  of  the  property  or  franchises  of  such  cor- 
porations, companies,  and  associations,  and  certified  for  taxation 
by  the  city  of  Louisville,  as  required  by  chapter  108  of  the  Ken- 
tucky Statutes,  entitled  "Revenue  and  Taxation,"  approved 
November  11,  1892. 


*See  Sections  2906-2908;    2979-3009  Ky.  St. 


30 ASSESSOR. 

§  2.  The  City  Assessor  shall  make  out  the  tax  bills  provided 
for  in  the  preceding  section  for  the  same  fiscal  year,  at  the  same 
rate  of  ad  valorem  taxation,  and  for  the  same  purposes  levied 
by  ordinances  of  the  city  for  the  respective  fiscal  year  in  or  for 
which  the  assessments  by  the  State  Railroad  Commission  and 
State  Board  of  Valuation  and  Assessment  have  been  heretofore 
or  may  be  hereafter  respectively  made,  and  certified,  as  required 
by  law,  and  shall  be  made  out  on  the  same  forms  and  be  authen- 
ticated by  the  City  Assessor  in  the  same  manner  as  other  tax 
bills  on  assessments  made  by  him  are  required  to  be  the  levy 
ordinance  for  the  same  fiscal  year. 

§  3.  All  tax  bills  which  shall  be  made  out  and  authenticated 
by  the  City  Assessor,  under  the  provisions  of  this  ordinance, 
shall  be  listed  by  him  as  soon  as  practicable  with  the  Receiver 
of  City  Taxes  for  collection,  as  provided  for  by  law. 

§  4.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  publication.     {Aq:)proved  April  9,  1897.) 

(See  also  Salaries;  Board  of  Equalization.) 


(2)  ASSESSOR. 

Assistants  and  Salaries. 

AN  ORDINANCE  regulating  the  Assessor's  Department  of  the 

city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  in  the  month  of  June,  1907,  and  in  the  month  of 
June  every  year  thereafter,  the  Assessor  shall  have  power  to 
appoint,  with  the  approval  of  the  Board  of  Aldermen,  one  Chief 
Deputy  Assessor,  whose  salary  shall  be  two  thousand  ($2,000.00) 
dollars  per  year,  and  ten  Deputy  Assessors,  whose  salary  shall 
be  each  sixteen  hundred  ($1,600.00)  dollars  per  year,  and  not 
exceeding  ten  Assistant  Assessors,  the  latter  to  be  appointed  by 
the  Assessor  and  approved  by  the  Board  of  Aldermen  in  the 
month  of  August  or  September  and  to  serve  only  such  length  of 
time  as  may  be  necessary  between  September  first  and  Decem- 
ber first  of  the  year  for  which  they  are  chosen,  as  their  services 
may  be  required  by  the  Assessor,  said  Assistant  Assessors  to 
receive  each  a  salary  of  seventy-five  ($75.00)  dollars  per  m.onth. 


ASSESSOR.  31 


§  2.  The  Assessor  shall  have  the  power  to  appoint  one 
Draftsman,  whose  salary  shall  be  sixteen  hundred  ($1,600.00) 
dollars  per  year;  one  Assistant  Draftsman,  whose  salary  shall 
be  twelve  hundred  ($1,200.00)  dollars  per  year,  and  one  Transfer 
Clerk,  whose  salary  shall  be  one  thousand  two  hundred 
($1,200.00)   dollars  per  year. 

§  3.  It  shall  be  the  duty  of  the  Deputy  Assessors,  the  Assist- 
ant Assessors,  the  Draftsman  and  Transfer  Clerk,  to  perform 
such  duties  and  render  such  services  as  may  be  required  of  them 
by  the  Assessor. 

§  4.  All  ordinances  or  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

§  5.  This  ordinance  shall  take  effect  from  and  after  its  pass- 
age.    (Aj) proved  April  30,  1919.) 


(3)  ASSESSOR. 

Extra  Clerical  Help. 

AN  ORDINANCE  providing  for  the  employment  and  payment 

for  extra  clerical  work  in  the  office  of  the  City  Assessor  of 

the  city  of  Louisville. 
Be  it  ordained  by  the  Geyieral  Council  of,  the  city  of  Louisville: 

Whereas,  under  section  2996  of  the  charter  of  the  city  of 
Louisville  and  the  provisions  of  the  ordinances  governing  the 
levying  of  taxes  upon  property  in  the  city  of  Louisville,  all  tax 
bills  must  be  made  out  by  the  City  Assessor  in  time  to  be  regis- 
tered by  the  Tax  Receiver  and  Comptroller  and  be  ready  for  pay- 
ment by  the  third  day  of  January,  or  as  soon  thereafter  as  prac- 
ticable, the  tax  bills  being  payable  on  the  third  day  of  January, 
and. 

Whereas,  The  present  force  of  deputies  in  said  office  of  the 
City  Assessor  is  insufficient  to  carry  out  the  details  of  said  work 
according  to  said  provision  of  the  law: 

§  1.  That  the  City  Assessor  is  hereby  empowered  to  employ 
additional  clerical  help  for  the  purpose  of  writing  the  tax  bills 
and  preparing  the  stubs  of  same,  the  cost  of  such  clerical  work 
not  to  exceed  the  sum  of  $2  per  book  of  two  hundred  bills  for 
writing  and  $1  per  book  of  two  hundred  bills  for  stubbing. 


32  AUCTIONEERS. 


§  2.  The  payment  for  the  work  herein  shall  be  made  upon  a 
pay  roll  approved  by  the  City  Assessor  as  salaries  of  other  em- 
ployes of  said  office  are  approved  and  paid. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pass- 
age.    (Approved  December  4,  1914.) 


(4)  ASSESSOR. 

Public  Accountant. 

AN  ORDINANCE  providing  for  the  appointment  of  a  public 
accountant  in  the  Assessor's  Department  of  the  city  of  Louis- 
ville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  Assessor  shall  have  the  power  to  appoint,  with 
the  approval  of  the  Board  of  Aldermen,  one  public  accountant. 
The  duty  of  said  public  accountant  shall  be  to  investigate  assess- 
ments which  have  been;  complained  of  before  the  Board  of 
Equalization.  Said  accountant  shall  be  appointed  for  one  year 
and  serve  only  on  such  days  and  only  such  length  of  time  as 
may  be  necessary,  and  required  by  the  Assessor,  during  the  time 
that  the  Board  of  Equalization  is  in  session.  Said  accountant 
shall  receive  as  compensation  ten  dollars  ($10.00)  per  day  for 
each  day  his  services  are  required. 

§  2.  This  ordinance  shall  take  effect  from  and  after  its  pass- 
age.    (Approved  November  7,  1919.) 


AUCTIONEERS. 

Bond. 

AN  ORDINANCE  requiring  auctioneers  to  execute  bond. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  every  person  or  firm  conducting  an  auction  sale 
for  himself  or  another,  or  carrying  on  the  business  of  auctioneer 
in  this  city,  shall  execute  bond  in  the  sum  of  one  thousand 
($1,000)  dollars  to  the  city  of  Louisville  for  the  benefit  of  pur- 
chasers at  auction  sales  to  be  conducted  by  such  party  or  parties, 
with  sureties,  who  shall  qualify  as  sureties  on  attachment  bonds. 


AUDITOR.  33 


§  2.  Said  bond  shall  be  conditioned  for  the  honest  conduct 
of  such  sales,  and  that  no  fraudulent  representations  will  be 
made  as  to  the  quality  of  the  thing  sold. 

§  3.  Said  bond  shall  be  tendered  to  the  Board  of  Sinking- 
Fund  Commissioners  when  application  for  license  shall  be  made, 
and  shall  be  subject  to  the  approval  of  said  board,  and  no  license 
shall  be  issued  until  such  bond  is  approved  and  such  bond  shall 
cover  the  period  for  which  such  license  is  granted. 

§  4.  This  ordinance  shall  not  apply  to  sales  made  under  order 
of  court  or  under  any  legal  process. 

§  5.  An  ordinance  entitled  "An  ordinance  requiring  auc- 
tioneers to  execute  bond,"  approved  May  19,  1896,  is  hereby  re- 
pealed. 

§  6.  This  ordinance  shall  take  effect  from  and  after  its  pass- 
age.    (Approved  April  20,  1917.) 


(1)  AUDITOR.* 

Regulating  His  Duties. 

AN  ORDINANCE  concerning  the  office  of  the  Auditor  of  the 
city  of  Louisville,  and  regulating  and  prescribing  the  duties 
of  said  Auditor. 

Be  it  ordamed  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  the  office  of  Auditor,  authorized  and  provided  for 
by  section  2901  of  an  act  of  the  General  Assembly  of  the  Com- 
monwealth of  Kentucky,  for  the  government  of  cities  of  the  first 
class,  approved  July  1,  1893,  be  and  the  same  is  hereby  regulated, 
and  the  duties  of  the  Auditor  herein  prescribed. 

§  2.  The  Auditor  shall  keep  such  books  as  are  necessary  for 
the  performance  of  his  duties  and  as  are  required  by  law. 

§  3.  The  said  Auditor  shall  examine,  adjust  and  audit  all 
unsettled  accounts,  claims  or  demands  against  the  city,  for  the 
payment  of  which  any  money  may  be  drawn  from  the  City  Treas- 
urer, and  shall  see  that  said  accounts,  claims  or  demands  are 
fully  itemized,  and  are  such  as  are  authorized  by  law  or  ordi- 
nance, and  that  same  are  made  out  in  duplicate,  and  as  required 
by  ordinance  now  in  force,  upon   the  forms  approved  by  the 


*See   Sec.   2901  Ky.   St. 


34  AUDITOR. 


Comptroller,  which  shall  be  certified  to  by  the  officer  receiving 
the  labor  or  material,  and  shall  plainly  state  the  purpose  for 
which  it  was  intended,  and  the  authority  under  which  it  was 
rendered,  or  requisitioned,  but  no  claim  shall  be  audited  or  al- 
lowed by  him  unless  there  shall  be  a  legal  appropriation  therefor. 
He  shall  have  the  right  and  power  to  administer  oaths,  and  may 
require  all  or  any  settlement  of  claims  or  accounts  to  be  verified 
by  proper  affidavits. 

§  4.  Where  such  claims  or  accounts  have  been  audited,  ap- 
proved and  allowed  by  the  Auditor,  he  shall  tr'ansmit  the  same 
promptly  to  the  Comptroller,  to  be  by  him  registered,  as  is  now 
required  by  an  ordinance  entitled,  "An  ordinance  prescribing 
the  manner  in  which  claims  against  the  city  of  Louisville  may 
be  made." 

§  5.  If  there  be  funds  legally  appropriated  for  the  purpose, 
the  Auditor  shall  draw  his  warrant  therefor  against  said  fund, 
for  such  claims  as  are  approved  in  the  manner  provided  for  by 
ordinance  entitled,  "An  ordinance  prescribing  the  manner  in 
which  claims  against  the  city  of  Louisville  shall  be  made."  All 
warrants  so  issued  shall  state  the  account  or  appropriation  to 
which  same  is  chargeable,  the  number  of  the  claim  or  voucher  to 
be  paid  thereby. 

§  6.  The  Auditor  shall  keep  a  "Record  of  appropriations 
and  warrants  issued"  in  a  book  known  as  the  "Warrant  Regis- 
ter," in  the  same  form  as  now  used,  and  shall  furnish  to  the 
Comptroller  within  three  days  after  the  close  of  each  month  a 
report  in  the  form  now  used  of  all  warrants  issued  during  the 
preceding  month,  and  upon  what  account. 

§  7.  The  Auditor  shall  adopt  a  form  of  warrant  subject  to 
approval  of  the  Comptroller. 

§  8.  That  an  ordinance  entitled,  "An  ordinance  concerning 
the  office  of  the  Auditor  of  the  city  of  Louisville  and  regulating 
and  prescribing  the  duties  of  said  Auditor,"  which  was  approved 
September  10,  1909,  be,  and  the  same  is  hereby  repealed. 

§9.  This  ordinance  shall  take  effect  from  and  after  its  "ap- 
proval.    (Approved  December  15,  1909.) 

(See  Salaries.) 


BATH   HOUSES  35 


(2)   AUDITOR. 

Clerk. 

AN  ORDINANCE  providing  a  Clerk  for  the  City  Auditor,  and 

fixing  his  salary. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  City  Auditor,  with  the  approval  of  the  Mayor, 
shall  have  the  power  to  appoint  a  clerk  for  his  office,  to  per- 
form such  duties  as  directed  by  the  said  Auditor  or  by  ordi- 
nance.( 

§  2.  Said  clerk  shall  receive  a  salary  at  the  rate  of  twelve 
hundred  ($1,200)  dollars  per  annum,  payable  in  monthly  in- 
stallments. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pass- 
age.    (Approved  May  25,  1908.) 


BATH  HOUSES. 

Public  Baths  Department. 

Salaries. 

AN   ORDINANCE   concerning  the   Public   Baths   Department, 
placing  the  same  under  the  Board  of  Public  Works,  and  fix- 
ing the  number,   salaries  and  compensation  of  the  officers 
and  emploj^es  in  said  department. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     There  is  hereby  created  and  placed  under  the  Board  of 
PubHc  Works,  the  Public  Baths  Department. 

§  2.  There  may  be  the  number  of  officers  and  employes  pre- 
scribed in  this  ordinance  and  no  more  in  said  department  and 
their  salaries  and  compensations  shall  not  be  greater  than  the 
maximum  rates  as  fixed  in  this  ordinance,  but  may,  by  agree- 
ment between  the  Board  of  Public  Works  and  said  employes,  be 
fixed  at  any  rate  less  than  the  said  maximum  rate  as  fixed  in  this 
ordinance,  and  the  pay  rolls  for  said  department  shall  be  made 
up,  certified  and  registered  each  week  in  accordance  with  the 
provisions  of  an  ordinance  entitled,  "An  ordinance  prescribing 
the  manner  in  which  claims  against  the  city  of  Louisville,  in- 
cluding salaries  and  wages  of  its  officers  and  employes,  shall  be 
made  and  paid,"  and  approved  April  29,  1915. 


36 BATHING — BEARGRASS  CREEK. 

§  3.  Officers  and  employes  and  their  salaries  and  compen- 
sations :  Compensation. 

Four  Superintendents  of  Public  Baths $75.00  month 

Four  Asst.  Superintendents  of  Public  Baths $40.00  month 

§  4,  The  Board  of  Public  Works,  in  case  of  an  emergency, 
and  with  the  approval  of  the  Mayor,  shall  have  the  powder  to 
employ  additional  help  in  the  said  department  herein  mentioned, 
the  salaries  of  the  same  to  be  fixed  by  the  Board  of  Public  Works, 
and  the  names  of  such  employes  shall  appear  on  the  regular 
pay  roll  as  "Special  Employes,"  said  special  employes  may  be 
dismissed  at  any  time  by  the  Board  of  Public  Works. 

§  5.  The  ordinance  approved  April  29,  1918,  entitled  "An 
ordinance  concerning  the  Public  Baths  Department,  placing  the 
same  under  the  Board  of  Public  Works,  and  fixing  the  number, 
salaries  and  compensation  of  the  ofRcers  and  employes  in  said 
department,"  and  all  ordinances  and  parts  of  ordinances  in  con- 
flict herewith  are  hereby  repealed. 

§  6.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage.     (Approved  November  7,  1919.) 


BATHING. 

Concerning  Bathing  in  Beargrass  Creek  and  Ohio  River. 

It  shall  be  unlawful  for  any  one,  between  the  hours  of  4 
o'clock  a.  m.  and  9  o'clock  p.  m.,  to  bathe  in  the  canal,  Beargrass 
creek,  or  in  the  Ohio  river,  at  any  point  between  the  eastern  and 
western  boundaries  of  the  city,  or  in  any  pond  within  the  city 
limits.  For  a  violation  of  the  provisions  of  this  ordinance,  each 
party  offending  shall  be  liable  to  arrest,  and  shall,  for  each  of- 
fense, be  fined  ten  dollars  ($10).     (Approved  July  25,  1867.) 

(See  also  Exposure  of  Person.) 


BEARGRASS  CREEK. 
To  Protect,  and  to  Regulate  the  Use  Thereof. 

AN  ORDINANCE  to  protect  Beargrass  creek  and  regulate  the 

use  thereof. 
Be  it  ordamed  by  the  Ge^ieral  Council  of  the  city  of  Louisville: 
§  1.     It  shall  be  unlawful  for  any  person  to  trespass  in  or 
upon  that  portion  of  Beargrass  creek,  or  the  banks  or  Avails  there- 


BEGGING  FOR  ALMS.  37 


of,  within  the  city  of  Louisville  where  the  same  has  been  im- 
proved, to-wit,  from  Main  street  to  a  point  200  feet  north  of  Ken- 
tucky street,  or  to  throw  into  or  place  in  said  channel  any  ob- 
structions, rubbish,  refuse  matter,  or  materials  or  articles  of  any 
kind,  or  to  empty  or  cause  to  run  into  said  channel  any  liquid 
substance  whatsoever  other  than  the  natural  surface  drainage  of 
rain  water,  or  to  deface  the  walls  thereof,  or  to  paint,  write  or 
post  any  advertising  matter  thereon,  or  to  damage  the  walls  or 
bottom  in  any  manner  whatsoever, 

§  2.  Any  person  violating  this  ordinance  shall  be  fined  not 
less  than  five  ($5)  dollars  nor  more  than  fifty  ($50)  dollars  for 
each  offense. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pass- 
age.    (App7-oved  September  3,  1915.) 


BEGGING  FOR  ALMS. 

AN  ORDINANCE  prohibiting  the  begging  for  alms  or  solicita- 
tion for  charity  for  and  on  behalf  of  the  person  so  begging 
or  soliciting  in  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  It  shall  be  unlawful  for  any  person  or  persons  within 
the  limits  of  the  city  of  Louisville,  Kentucky,  to  beg  for  alms  or 
solicit  charity  for  himself  or  others  as  a  business,  and  one  of- 
fense shall  be  deemed  a  violation  of  this  ordinance. 

§  2.  Any  person  who  shall  be  guilty  of  the  violation  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  shall  be  fined  not  less  than  five  ($5)  dollars  nor  more 
than  fifty  ($50)   dollars  for  each  offense. 

§  3.  That  all  ordinances  and  parts  of  ordinances  in  conflict 
herewith  be  and  they  are  hereby  repealed. 

§  4.  That  this  ordinance  is  to  take  effect  from  and  after  its 
passage  and  publication.     {Approved  December  19,  1912.) 

(See  also  Loitering.) 


38  BIRTHS. 


BIRTHS. 

Bii'th  Certificates  and  Returns. 

AN  ORDINANCE  concerning  birth  certificates,  and  requiring 
physicians,  accoucheurs,  midwives,  heads  of  families  and 
other  persons  in  charge  to  make  returns  of  same  to  the 
Health  Office. 

Be  it  ordamed  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  every  physician,  midwife,  accoucheur,  head  of 
family,  or  other  person  in  charge,  who  shall  attend,  assist  or 
advise  at  the  birth  of  any  child  within  the  city  of  Louisville,  shall 
report  to  the  Health  Officer  of  the  city  of  Louisville  upon  a  blank 
form  or  blank  certificate  supplied  by  the  Health  Officer,  within 
fifteen  days  after  the  birth  of  such  child,  which  said  form  or  cer- 
tificate shall  contain  the  following  items : 

1st — Name  of  child.  2d — Number  of  previous  children  of 
this  mother.  3d — Sex  of  child.  4th — Color  of  child.  5th — 
Date  of  birth.  6th — Place  of  birth.  7th — Born  alive  (or  dead). 
8th — Legitimate  (or  illegitimate) .  9th — ^Mother's  maiden  name. 
10th — Mother's  age.  11th — Mother's  residence.  12th — Mother's 
birthplace.  13th — Father's  name.  14th — Father's  age.  15th — 
Father's  occupation.  16th— Return  by  M.  D.,  or  M.  W.  18th— 
Postoffice  address.     19th — Date  of  return. 

Blank  spaces  shall  be  left  opposite  or  below  each  of  the  above 
items  and  the  person  required  under  this  section  to  fill  out  and 
sign  said  form  or  certificate  shall  fill  in  said  blank  spaces  with 
the  information  called  for,  or  satisfactorily  account  for  the  omis- 
sion of  any  of  said  information. 

The  certificate  shall  be  written  legibly  in  ink  and  shall  be 
signed  by  the  attending  physician,  midwife  or  other  person  whose 
duty  it  is  under  this  ordinance  to  make  and  file  said  certificate. 
Only  one  such  certificate  need  be  filed. 

A  child  born  of  seven  months'  gestation  or  over  shall  be  reg- 
istered as  a  birth. 

§  2.  When  any  certificate  of  birth  of  a  living  child  is  re- 
turned without  statement  of  the  given  name,  the  Health  Depart- 
ment will  prepare  and  deliver  to  the  parents  a  special  blank  for 
a  supplemental  report  of  the  given  name  of  the  child  which  shall 
be  filled  out  as  directed,  signed  and  returned  to  the  Health  De- 
partment as  is  the  original  certificate,  so  soon  as  such  child  shall 


BOARD  OF  EQUALIZATION.  39 


be  named.  The  original  certificate  of  birth  shall  not  be  consid- 
ered completed  until  said  supplemental  report  is  filed,  if  one  is 
required. 

If  said  child  die  before  it  is  named,  then  said  supplemental 
report  shall  contain  the  statement,  "Died  unnamed." 

§  3.  It  shall  be  the  duty  of  every  physician,  accoucheur,  or 
midwife  practicing  medicine,  or  doing  business  as  an  accoucheur 
in  the  city  of  Louisville,  to  register  his  or  her  name  in  a  book  or 
books,  to  be  provided  for  such  person  at  the  City  Health  Office, 
giving  his  or  her  full  name,  residence  and  place  of  business,  and 
in  case  of  removal  from  one  place  to  another  in  said  city  to  fur- 
nish the  change  to  the  Health  Officer  to  be  placed  in  said  register 
accordingly. 

§  4.  Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance shall  be  fined  not  less  than  five  dollars  ($5)  nor  more  than 
twenty  dollars  ($20)  for  each  offense. 

§  5.  All  ordinance  entitled,  "An  ordinance  concerning  birth 
certificates,  and  requiring  accoucheurs  to  make  returns  of  same 
to  Health  Office,"  approved  April  19,  1898,  and  all  ordinances  in 
conflict  with  this  ordinance  are  hereby  repealed. 

§  6.  This  ordinance  shall  take  effect  from  and  after  its  pass- 
age.    (Approved  September  10,  1909.) 


BOARD  OF  EQUALIZATION.- 
Compensation. 

AN   ORDINANCE    fixing   the  compensation   of  the   Board   of 

Equalization. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  each  member  of  the  Board  of  Equalization  shall 
receive  for  his  services  the  sum  of  ten  ($10)  dollars  per  day  dur- 
ing its  sessions,  the  same  hours  to  be  observed  each  day  as  pro- 
vided by  ordinance  fixing  the  office  hours  of  all  officers  of  said 
city  in  the  City  Hall.  And  no  other  allowance  or  emoluments, 
directly  or  indirectly,  for  any  purpose  whatever,  shall  be  made 
to  said  Board  of  Equalization. 

§  2.  The  City  Assessor,  or  one  of  his  assistants,  shall  act 
as  secretary  of  the  board,  if  one  be  required,  without  additional 
compensation. 


*See  Sec.  3993  Xy.  St. 


40  BOARD  OF  SAFETY. 


§  3.  An  ordinance  entitled  "An  ordinance  fixing  the  compen- 
sation of  the  Board  of  Equalization,"  and  approved  September 
16,  1895,  is  hereby  repealed. 

§  4.  This  ordinance  is  to  take  effect  from  and  after  its  pass- 
age.    (Approved  September  4,  1913.) 


BOARD  OF  PUBLIC  SAFETY. 
Salaries — Employes. 
AN  ORDINANCE  concerning  the  Board  of  Public  Safety  of  the 
city  of  Louisville,  Kentucky,  fixing  the  salaries  of  its  mem- 
bers, and  the  number,  salaries  and  compensation  of  its  em- 
ployes. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  the  Department  of  the  Board  of  Public  Safety, 
within  and  for  the  city  of  Louisville,  be  and  the  same  is  hereby 
created  and  placed  under  the  Board  of  Public  Safety  as  author- 
ized by  law. 

§  2.  There  may  be  in  said  department  the  number  of  officers 
and  employes  prescribed  in  this  ordinance  and  no  more,  such 
employes  to  be  appointed  by  the  Board  of  Public  Safety,  and 
their  salaries  and  compensation,  to  be* approved  by  the  Board 
of  Public  Safety,  shall  not  be  more  than  the  sums  fixed  by  this 
ordinance,  and  the  pay  rolls  for  said  department  shall  be  made 
up,  certified  and  registered,  and  said  salaries  and  compensation 
shall  be  payable  in  accordance  with  the  provisions  of  this  ordi- 
nance and  other  ordinances  covering  the  subject  of  pay  rolls, 
claims  and  salaries,  and  not  otherwise,  to-wit: 

THE  BOARD  OF  PUBLIC  SAFETY. 

Total. 
Three   members   of  the   Board   of   Public   Safety   at 

$2,500  per  annum,  each,  aggregating,  per  annum.  .  .$  7,500.00 

One  secretary,  per  annum 1,650.00 

One  stenographer,  per  annum 1,200.00 


Total   $10,350.00 

§  3.  The  Board  of  Public  Safety  in  case  of  emergency,  and 
with  the  approval  of  the  Mayor,  shall  have  the  power  to  em- 
ploy additional  help  in  the  department  of  the  Board  of  Public 


BOARD  OF  PUBLIC  WORKS.  41 


Safety,  the  salaries  and  compensation  of  same  to  be  fixed  by 
the  Board  of  PubKc  Safety,  and  the  names  of  such  employes 
shall  appear  on  the  regular  pay  roll  as  "Special  Employes,"  and 
said  special  employes  may  be  dismissed  at  any  time  by  the  Board 
of  Public  Safety. 

§  4.  The  ordinance  approved  November  11,  1913,  and  en- 
titled "An  ordinance  concerning  the  departments  under  the 
Board  of  Public  Safety  and  fixing  the  number,  salaries  and 
compensations  of  the  oflficers  and  employes  therein,"  and  all 
ordinances,  and  parts  of  ordinances,  in  conflict  herewith,  are 
hereby  repealed. 

§  5.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage.     (Approved  March  16,  1918.) 


BOARD  OF  PUBLIC  WORKS. 

(1)    Department — Employes  and  Salaries. 

AN  ORDINANCE  concerning  the  Board  of  Public  Works  of  the 
city  of  Louisville,  Kentucky,  fixing  the  salaries  of  its  mem- 
bers, and  the  number,  salaries  and  compensation  of  its  em- 
ployes. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  the  Department  of  the  Board  of  Public  Works, 
within  and  for  the  city  of  Louisville,  be  and  the  same  is  hereby 
created  and  placed  under  the  Board  of  Public  Works  as  author- 
ized by  law. 

§  2.  There  may  be  the  number  of  officers  and  employes  pre- 
scribed in  this  ordinance  and  no  more  in  said  department,  and 
their  salaries  and  compensation  shall  not  be  greater  than  the 
maximum  rates  as  fixed  in  this  ordinance,  and  the  pay  rolls  for 
said  department  shall  be  made  up,  certified  and  registered  each 
week  in  accordance  with  the  provisions  of  an  ordinance  entitled 
"An  ordinance  prescribing  the  manner  in  which  claims  against 
the  city  of  Louisville,  including  salaries  and  wages  of  its  officers 
and  employes,  shall  be  made  and  paid,"  and  approved  Decem- 
ber 27,  1917. 


42  BOARDS  OF  PUBLIC  WORKS  AND  SAFETY. 

§  3.     Department  of  the  Board  of  Public  Works : 

Compensation, 
Per  Annum. 
Three  members   of  the   Board   of  Public   Works,   at 

$2,500.00  per  annum  each $7,500.00 

Secretary    1,500.00 

Clerk  and  stenographer 1,200.00 

Timekeeper    1,200.00 

Chauffeur   900.00 

Bookkeeper    1,400.00 

§  4.  The  ordinance  approved  April  29,  1918,  entitled  "An 
ordinance  concerning  the  Board  of  Public  Works  of  the  city  of 
Lfouisville,  Kentucky,  fixing  the  salaries  of  its  members,  and 
the  number,  salaries  and  compensation  of  its  employes,"  and  all 
ordinances  and  parts  of  ordinances  in  conflict  herewith  are 
hereby  repealed.  , 

§  5.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage.     {Approved  October  24,  1918.) 


BOARDS  OF  PUBLIC  WORKS  AND  SAFETY. 

Attendance  Upon  Council  Meetings. 

AN  ORDINANCE  requiring  the  attendance  of  two  members  of 
the  executive  boards  of  the  city  of  Louisville  at  every  meet- 
ing of  the  General  Council,  namely,  one  member  of  the  Board 
of  Public  Safety  and  one  member  of  the  Board  of  Public 
Works. 
Whereas,  By  Section  45  of  "An  act  for  the  government  of 
cities  of  the  first  class,"  approved  July,  1893,  "one  member  of 
each  board  may  be  compelled  to  attend  every  meeting  of  the  Gen- 
eral Council,"  meaning  one  member  of  the  Board  of  Public  Safety 
and  one  member  of  the  Board  of  Public  Works,  and  the  members 
of  said  two  boards  have  failed,  and  do  fail  and  refuse  to  comply 
with  the  provisions  of  said  section  45  of  said  act;  therefore 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  on  the  day  before  any  meeting  of  the  General  Coun- 
cil of  the  city  of  Louisville,  it  shall  be  the  duty  of  the  Board  of 
Public  Safety  and  the  Board  of  Public  Works  to  notify,  in  writ- 


BONDS — OFFICIAL.  43 


ing,  the  clerk  of  the  Board  of  Aldermen  and  the  clerk  of  the 
Board  of  Councilmen  which  one  of  the  members  of  each  of  said 
executive  boards  will  attend  the  ensuing  meeting  of  the  General 
Council. 

§  2.  For  any  failure  of  one  member  from  the  Board  of  Pub- 
lic Safety  and  one  member  of  the  Board  of  Public  Works  to  attend 
every  meeting  of  the  General  Council  there  shall  be  deducted 
from  the  pay  and  salary  of  each  and  every  member  of  said  Board 
of  Public  Safety  and  said  Board  of  Public  Works  the  sum  of 
twenty  ($20)   dollars. 

§  3.  The  clerks  of  the  two  boards  of  the  General  Council 
shall  notify  the  Comptroller  of  the  city  of  Louisville  of  each  of 
such  failures  on  the  part  of  one  member  of  each  of  the  said  execu- 
tive boards  to  attend  every  meeting,  and  said  Comptroller  shall 
deduct  the  said  sum  above  mentioned  from  the  salary  and  pay 
of  each  member  of  said  executive  boards,  and  shall  not  regist^ 
the  pay  rolls  of  said  members  without  said  deduction,  nor  shall 
same  be  passed  or  allowed  by  the  General  Council,  when  said 
deduction  should  be  made,  unless  the  said  deduction  appears  to 
have  been  made  on  said  pay  rolls. 

§  4.  This  ordinance  shall  take  effect  from  and  after  its  pub- 
lication.    (Approved  Jmie  25,  1897.) 


BONDS— OFFICIAL. 

Premiums  on  Certain  Official  Bonds. 

AN  ORDINANCE  providing  for  the  payment  of  the  premiums 
on  the  bonds  of  the  financial  officers  of  the  city  of  Louis- 
ville. 
Whereas,  the  financial  officers  of  the  city  of  Louisville  are 
required  to  execute  bonds  for  the  faithful  discharge  of  their 
duties,  and  to  account  for  all  moneys  that  come  into  their  hands ; 
now,  therefore. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  the  city  of  Louisville  will  hereafter  pay  the  pre- 
miums on  the  bonds  required  to  be  executed  by  the  Tax  Receiver 
and  his  cashier,  by  the  Treasurer  and  his  clerk,  by  the  Auditor 
and  the  Comptroller,  the  costs  thereof  to  be  charged  to  the  Gen- 


44  BONDS  AND  OATH   OF  OFFICE.      ' 

eral  Purpose  Fund,  provided  that  such  bonds  be  placed  with  that 
surety  company  furnishing  the  lowest  rate  per  thousand  dollars 
of  the  amount  of  liability  incurred  under  such  bonds. 

§  2.  This  ordinance  shall  take  effect  from  and  after  its  pass- 
age. {Approved  October  15,  1906.)  (See  also  Bonds  and  Oath 
of  Officers.) 


BONDS  AND  OATH  OF  OFFICERS. 

AN  ORDINANCE  in  relation  to  the  bond  and  oath  of  office  for 

officers  of  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  each  of  the  following  officers  of  the  city  of  Louis- 
ville shall,  before  entering  upon  the  discharge  of  his  official 
duties,  execute  a  bond  with  good  surety  in  the  name  of  the  Com- 
monwealth of  Kentucky  for  the  use  and  benefit  of  the  city  of 
Louisville,  conditioned  upon  the  faithful  performance  of  all  his 
duties  as  such  officer,  namely: 

The  City  Treasurer,  a  bond  in  the  sum  of  one  hundred  thou- 
sand ($100,000)  dollars;  the  Clerk  of  the  City  Treasurer,  a  bond 
in  the  sum  of  ten  thousand  ($10,000)  dollars;  the  Tax  Receiver, 
a  bond  in  the  sum  of  one  hundred  thousand  ($100,000)  dollars; 
the  Cashier  of  the  Tax  Receiver,  a  bond  in  the  sum  of  ten  thou- 
sand ($10,000)  dollars;  the  Auditor,  a  bond  in  the  sum  of  twenty 
thousand  ($20,000)  dollars;  the  Comptroller,  a  bond  in  the  sum 
of  twenty  thousand  ($20,000)  dollars;  the  City  Buyer,  a  bond  in 
the  sum  of  ten  thousand  ($10,000)  dollars;  the  Assistant  City 
Buyer,  a  bond  in  the  sum  of  ten  thousand  ($10,000)  dollars;  the 
City  Assessor,  a  bond  in  the  sum  of  ten  thousand  ($10,000)  dol- 
lars ;  the  Live  Stock  Inspector,  a  bond  in  the  sum  of  five  thousand 
($5,000)  dollars;  each  member  of  the  Board  of  Public  Works  a 
bond  in  the  sum  of  five  thousand  ($5,000)  dollars;  each  member 
of  the  Board  of  Public  Safety,  a  bond  in  the  sum  of  five  thousand 
($5,000)  dollars;  the  Superintendent  of  Public  Wharves,  a  bond 
in  the  sum  of  five  thousand  ($5,000)  dollars;  the  Superintendent 
of  the  Street  Cleaning  Department,  a  bond  in  the  sum  of  five 
thousand  ($5,000)  dollars;  the  Superintendent  of  the  Workhouse, 
a  bond  in  the  sum  of  two  thousand  ($2,000)  dollars;  the  Superin- 
tendent of  the  Home  for  the  Aged  and  Infirm,  a  bond  in  the  sum 


BONDS  AND  OATH  OF  OFFICE.  45 

of  two  thousand  ($2,000)  dollars;  the  Building  Inspector,  a  bond 
in  the  sum  of  five  thousand  ($5,000)  dollars;  the  Superintendent 
of  the  City  Hospital,  a  bond  in  the  sum  of  two  thousand  ($2,000) 
dollars;  the  Superintendent  of  the  Eruptive  Hospital,  a  bond 
in  the  sum  of  one  thousand  ($1,000)  dollars;  the  Inspector  of 
Weights  and  Measures,  a  bond  in  the  sum  of  five  thousand 
($5,000)   dollars. 

§  2.  The  bonds  of  the  City  Buyer,  the  City  Assessor  and  the 
Live  Stock  Inspector  shall  be  approved  by  the  General  Council; 
the  bond  of  the  Inspector  of  Weights  and  Measures  shall  be  ap- 
proved by  the  Mayor ;  the  bonds  of  all  of  the  other  oflficers  men- 
tioned in  the  first  section  of  this  ordinance  shall  be  approved  by 
both  the  Mayor  and  the  General  Council. 

§  3.  The  affidavit  to  be  taken  and  the  form  of  the  bond  to  be 
executed  by  each  of  said  officers  shall  be  in  substance  as  follows : 

AFFIDAVIT. 

I ,  do  hereby  solemnly  swear  that  I  will  support  the 

Constitution  of  the  United  States  and  the  Constitution  of  this  State,  the 
charter  and  ordinances  of  the  city  of  Louisville,  and  be  faithful  and  true  to 
the  Oommonwealth  of  Kentucky,  so  long  as  I  continue  a  citizen  thereof,  and 
that  I  will    faithfully    execute,  to    the    best    of    my    ability,    the    office    of 

according  to  law  and  ordinance;    and  I 

do  further  solemnly  swear,  that  since  the  adoption  of  the  present  Constitu- 
tion, I,  being  a  citizen  of  this  State,  have  not  fought  a  duel  ^ith  deadly 
weapons  within  this  State,  nor  out  of  it,  nor  have  I  sent  or  accepted  a  chal- 
lenge to  fight  a  duel  with  deadly  weapons;  nor  have  I  acted  as  second  in 
carrying  a  challenge  or  aided  or  assisted  any  person  thus  offending;  and 
I  do  further  solemnly  swear  that  I  possess  the  qualifications  prescribed  by 
an  act  of  the  General  Assembly  entitled,  "An  act  for  the  government  of 
cities  of  the  first  class,"  approved  July  1,  1893,  as  amended,  and  that  I  am 
not  subject  to  any  disabilities  which  render  me  ineligible  to  hold  the  said 
office.     So  help  me  God. 

Subscribed  and  sworn  to  before  me  this day  of , 

19.... 

(Mayor  of  the  City  of  Louisville.) 

BOND. 

BOND 

The  undersigned ,  having  been  duly  elected   (or 

appointed)   to  the  office  of in  and  for  the  city  of 

Louisville,  for  the  term  as  prescribed  by  the  charter  and  ordinances  of  said 
city,  and  having  qualified  by  taking  the  oath  of  office.  Now,  therefore,  we, 
as  principal,  and ,  as  surety,  hereby 


46  BONDS. 


bind  ourselves,  our  personal    representatives  and  assigns  to  the  Common- 
wealth of  Kentucky  for  the  use  and  benefit  of  the  city  of  Louisville  in  the 
sum   of  $ ,   that  the  said shall  faithfully   per- 
form all  of  the  duties  of  said  office  according  to  the  law  and  ordinances. 
Witness  our  signatures  this day  of ,  19. . . . 


§  4.  Each  of  said  bonds,  after  having  been  approved  as  afore- 
said, shall,  with  the  affidavit  attached  thereto,  be  lodged  with  the 
Comptroller  and  filed  by  him  as  part  of  the  records  of  his  office. 

§  5.  The  ordinance  entitled  "An  ordinance  prescribing  the 
form  of  the  bond  and  oath  of  office  for  officers  of  the  city  of  Louis- 
ville," approved  February  5,  1894,  and  all  other  ordinances  and 
parts  of  ordinances  in  conflict  herewith,  are  hereby  repealed. 

§  6.  This  ordinance  shall  take  effect  from  and  after  its  pass- 
age. 

The  foregoing  ordinance  having  been  presented  to  the  Mayor,  and  having 
been  withheld  by  him  beyond  the  day  of  the  next  regular  meeting  of  the 
General  Council  on  January  20,  1909,  and  more  than  three  days  having 
intervened  between  the  presentation  to  the  Mayor  and  said  meeting,  and 
the  General  Council  having  actually  met  on  said  day,  the  same  became 
obligatory  as  if  signed  by  him,  according  to  Section  2795,  Kentucky  Statutes, 
and  takes  effect  from  and  after  January  20,  1909.  This  ordinance  was  not 
returned  to  the  clerk  of  the  General  Council  until  November  6,  1909. 

JOE  BRADBURN,  C.  B.  A. 

C.  B.  NORDEMAN,  C.  B.  C. 

(See  also  Bonds — Official.) 


(3)  BONDS. 
Of  Water  Company  Exempt  from  Municipal  Taxes. 

Whereas,  The  city  of  Louisville  is  the  owner  of  the  Louisville 
Water  Company,  and  has  recently  taken  the  management  and 
control  of  all  of  its  property,  through  a  Board  of  Water  Works, 
as  authorized  under  the  provisions  of  an  Act  of  the  Legislature, 
approved  March  6,  1906;  and 

Whereas,  Said  Board  of  Water  Works  has  issued  and  placed 
in  the  hands  of  the  Commissioners  of  the  Sinking  Fund  of  the 
city  of  Louisville  for  sale  one  million  ($1,000,000)  dollars  of 
bonds  secured  by  a  mortgage  upon  the  property  of  the  Louis- 
ville Water  Company;  and 


BONDS.  47 


Whereas,   Said  property  is  by  said  Act  of  the  Legislature 
exempt  from  city  taxes,  and  it  being  to  the  interest  of  the  city 
of  Louisville  that  said  bonds  shall  bring  the  highest  possible 
price  when  offered  for  sale;  now,  therefore, 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  one  million  ($1,000,000)  dollars  of  bonds  of 
the  Louisville  Water  Company,  executed  by  the  Board  of  Water 
Works,  dated  July  2,  1906,  and  secured  by  a  mortgage  upon  the 
property  of  the  Louisville  Water  Company  and  placed  in  the 
hands  of  the  Commissioners  of  the  Sinking  Fund  of  the  city  of 
Louisville  for  sale,  be,  and  the  same  are  hereby,  declared  to  be 
exempt  in  the  hands  of  any  future  purchaser  or  owners  thereof 
from  all  municipal  taxes  of  the  city  of  Louisville,  of  every  kind 
and  description. 

§  2.  This  ordinance  shall  take  effect  from  and  after  its  pass- 
age.    {Avvt^oved  January  14,  1907.) 


(4)  BONDS. 
Of  Retail  Liquor  Dealers. 
AN  ORDINANCE  relating  to  bonds  of  retail  liquor  dealers. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  Before  any  license  shall  be  issued  to  any  individual,  firm, 
company  or  corporation,  to  sell  spirituous,  vinous  or  malt 
liquors  by  retail  in  the  city  of  Louisville,  said  individual,  firm, 
company  or  corporation  shall  execute  to  the  city  of  Louisville  and 
file  with  the  License  Board,  subject  to  its  approval,  a  bond  in  the 
penalty  of  $500.00,  with  two  good  sureties,  residents  of  the  city 
of  Louisville,  who  are  owners  of  property  in  the  city  of  Louis- 
ville, subject  to  execution,  worth  not  less  than  $500.00,  condi- 
tioned that  said  individual,  firm,  company  or  corporation  will 
not  violate  the  requirements  of  the  law. 

§  2.  This  ordinance  shall  take  effect  from  and  after  its  pass- 
age.    {Approved  July  16,  1908.) 


48  BOND  ISSUE. 


BOND  ISSUE. 

Sewer  Construction. 

AN  ORDINANCE  concerning  the  issuance  of  bonds  of  the  city 
of  Louisville  in  the  sum  of  two  million  dollars  to  construct  an 
extension  to  its  system  for  the  disposition  of  the  sewage. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  in  order  to  raise  money  to  construct  an  extension 
to  the  system  for  the  disposition  of  sewage  in  the  city  of  Louis- 
ville, as  provided  in  an  act  of  the  General  Assembly  of  the  Com- 
monwealth of  Kentucky,  approved  March  18,  1912,  entitled  "An 
Act  to  enable  cities  of  the  first  class  to  construct  an  extension  to 
their  systems  for  the  disposition  of  sewage,"  the  Mayor  be,  and 
he  is  hereby  authorized  and  directed  to  cause  to  be  prepared 
bonds  of  the  city  of  Louisville  in  the  sum  of  two  million  ($2,- 
000,000)  dollars,  each  of  said  bonds  to  be  of  the  denomination 
of  one  thousand  ($1,000)  dollars  and  to  be  dated  February  1, 
1920,  and  to  become  due  and  payable  forty  (40)  years  after  said 
date,  and  to  bear  interest  at  the  rate  of  four  and  one-half  (41^) 
per  cent  per  annum,  payable  semi-annually,  for  which  interest 
coupons  shall  be  attached  to  said  bonds;  the  principal  and  in- 
terest of  said  bonds  to  be  made  payable  in  gold  coin  of  the  United 
States  of  America,  of  the  present  standard  weight  and  fineness, 
and  negotiable  and  payable  to  bearer,  at  the  National  Bank  of 
Kentucky,  of  the  city  of  Louisville  in  the  State  of  Kentucky, 
said  bonds  shall  be  signed  by  the  Mayor  and  attested  by  the 
Comptroller  and  sealed  with  the  proper  seal  of  the  city  of  Louis- 
ville, but  the  interest  coupons  attached  to  said  bonds  shall  be 
authenticated  alone  by  the  engraved  signature  of  the  Comptroller, 
the  bonds  to  be  numbered  from  one  to  two  thousand  (2,000), 
both  inclusive,  and  countersigned  and  registered  by  the  Secre- 
tary and  Treasurer  of  the  Commissioners  of  the  Sinking  Fund 
of  the  city  of  Louisville. 

§  2.  The.  said  bonds  shall  be  and  shall  show  upon  their  face 
that  they  are  exempt  from  any  and  all  forms  of  taxation  for 
municipal  purposes  of  the  city  of  Louisville,  and  they  shall  be 
a  charge  upon  the  Sinking  Fund  of  the  city  of  Louisville. 

§  3.  In  order  to  pay  the  principal  and  interest  of  said  bonds 
as  and  when  they  shall  mature,  there  is  hereby  levied  on  all  prop- 
erty subject  to  municipal  taxation  in  the  city  of  Louisville,  and 


BOND  ISSUE.  49 


ordered  to  be  collected,  for  the  fiscal  year  ending  August  31, 
1920,  a  tax  sufficient  to  raise  the  sum  of  twenty-nine  thousand 
one  hundred  and  thirty-one  ($29,131)  dollars,  and  for  the  fiscal 
year  ending  August  31,  1921,  and  for  each  fiscal  year  thereafter, 
until  both  the  principal  and  interest  of  said  bonds  shall  be  fully 
paid  off  and  discharged,  or  until  a  fund  sufficient  to  do  so  has 
been  accumulated,  a  tax  sufficient  to  raise  the  sum  of  one  hun- 
dred sixteen  thousand  five  hundred  twenty-four  ($116,524)  dol- 
lars. The  said  taxes  when  collected  shall  be  paid  into  the  treas- 
ury of  the  Commissioners  of  the  Sinking  Fund  of  the  city  of 
Louisville,  and  the  excess  of  the  fund  arising  from  said  tax  levy, 
after  paying  the  interest  on  said  bonds  as  aforesaid,  shall  be  set 
apart  by  the  Commissioners  of  the  Sinking  Fund  of  the  city  of 
Louisville  and  safely  invested  so  as  to  yield  interest,  and  the  fund 
arising  therefrom  shall  be  preserved  and  used  for  the  payment 
of  the  principal  of  said  bonds  at  maturity  and  for  no  other  pur- 
pose. 

§  4.  The  issue  of  said  bonds  herein  authorized  shall  be  upon 
the  express  condition  that  the  same  shall  be  delivered,  when  exe- 
cuted as  aforesaid,  to  the  Commissioners  of  Sewerage  of  Louis- 
ville, to  be  by  them  sold  at  not  less  than  par,  and  the  proceeds 
thereof  (not  including  any  premium  that  may  be  obtained 
thereon)  to  be  used  by  said  commissioners  to  construct  an  ex- 
tension to  the  systems  for  the  disposition  of  sewerage  of  the 
city  of  Louisville  under  the  provisions  of  the  aforesaid  act  of 
the  General  Assembly  of  the  Commonwealth  of  Kentucky,  and 
for  no  other  purpose,  and  the  premium,  if  any,  realized  upon  the 
sale  of  said  bonds,  shall  be  turned  over  to  the  Commissioners  of 
the  Sinking  Fund  of  the  city  of  Louisville  and  constitute  a  part 
of  the  Sinking  Fund  for  the  ultimate  retirement  of  said  bonds. 
Not  more  than  one  million  ($1,000,000)  dollars  face  value  of 
said  bonds  shall  be  sold  and  delivered  to  the  purchaser  during 
the  fiscal  year  ending  August  31,  1920.  The  remaining  one 
million  ($1,000,000)  dollars  face  value  of  said  bonds  may  be  sold 
and  delivered  to  the  purchaser  at  any  time  after  said  last  men- 
tioned period.  All  interest  coupons  that  are  past  due  at  the  date 
of  the  sale  of  any  of  said  bonds  shall  be  first  cut  off  and  delivered 
to  the  Commissioners  of  the  Sinking  Fund  of  the  city  of  Louis- 
ville for  cancellation. 


50  BRIDGES. 


§  5.  That  at  the  general  election  to  be  held  on  November  4, 
1919,  there  shall  be  submitted,  as  required  by  law,  to  the  quali- 
fied voters  of  the  city  of  Louisville  the  question  as  to  whether 
the  city  of  Louisville  shall  issue  said  bonds  for  the  purposes 
aforesaid,  as  provided  for  in  this  ordinance,  and  none  of  said 
bonds  shall  be  prepared  or  issued  unless  at  said  election  two- 
thirds  of  those  voting  on  the  said  question  shall  vote  in  favor  of 
the  issuance  of  said  bonds,  as  provided  for  in  this  ordinance ;  but 
in  the  event  it  shall  be  duly  ascertained,  and  certified,  as  required 
by  law,  that  two-thirds  of  those  voting  on  said  question  at  said 
election  voted  in  favor  of  issuance  of  said  bonds  for  the  purposes 
aforesaid,  as  provided  for  by  this  ordinance,  the  fact  that  they 
have  done  so  shall  be  certified  by  the  Mayor  upon  the  face  of 
said  bonds,  which  bonds  shall  then,  and  only  in  that  event,  be 
used  and  delivered  to  the  Commissioners  of  Sewerage  of  Louis- 
ville, to  be  by  them  sold,  and  the  proceeds  applied  as  aforesaid. 

§  6.  On  each  ballot  which  shall  be  prepared  for  use  in  the  city 
of  Louisville  at  the  general  election  on  November  4,  1919,  there 
shall  be  printed  the  following  question  or  proposition  required 
to  be  submitted  to  the  qualified  voters  of  the  city  of  Louisville 
by  this  ordinance,  viz.:  **Are  you  in  favor  of  the  issue  by  the 
city  of  Louisville  of  bonds  for  two  million  ($2,000,000)  dollars, 
as  provided  in  Ordinance  No.  — ,  Series  1919,  to  be  used  under 
an  Act  of  the  General  Assembly  of  the  Commonwealth  of  Ken- 
tucky, and  entitled  "An  Act  to  enable  cities  of  the  first  class  to 
construct  an  extension  to  their  systems  for  the  disposition  of 
sewage,"  approved  May  18,  1912,  and  the  Mayor  is  hereby 
authorized  and  directed  to  give  public  notice  of  the  time,  place 
and  purpose  of  the  election  upon  said  question  or  proposition  for 
at  least  ten  (10)  days  (exclusive  of  Sundays)  prior  to  the  day  of 
election,  in  each  of  the  daily  morning  and  afternoon  papers  pub- 
lished in  the  city  of  Louisville,  in  which  notice  this  ordinance 
shall  be  embodied. 

S  7.  This  ordinance  shall  take  effect  from  and  after  its  pass- 
age.     {Approved  June  5,  1919.) 


BRIDGES. 
Mutilation  of  Public  Bridges. 

AN  ORDINANCE  to  prevent  injury,  mutilation,  or  defacement 
of  public  bridges  of  the  city  of  Louisville. 


BUILDING  CODE.  51 


Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  it  shall  be  unlawful  to  injure,  mutilate,  or  deface 
any  of  the  public  bridges  of  the  city  of  Louisville,  or  to  paint, 
paste,  or  fasten  any  sign,  bill  or  other  advertisement  or  notice 
thereon. 

§  2.  Any  person  violating  the  provisions  of  this  ordinance 
shall  be  fined  not  less  than  five  ($5)  dollars  nor  more  than  twenty 
($20)  dollars. 

§  3.  This  ordinance  to  take  effect  from  and  after  its  pass- 
age. (Approved  September  16,  1895.)  (See  also  AdveHise- 
ments.) 


BUILDING  CODE. 
Building  Department ;  Organization  and  Regulation. 
AN  ORDINANCE  establishing  and  providing  for  a  Depart- 
ment of  Buildings  for  the  city  of  Louisville,  and  to  regulate 
the  construction,  equipment,  maintenance,  alteration,  repair- 
ing and  removal  of  buildings,  and  the  occupancy  and  obstruc- 
tion of  streets  and  alleys  in  the  performance  of  same  and 
providing  certain  penalties  for  the  violation  thereof,  same 
to  be  known  and  cited  as  the  Building  Code. 


PART  I. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     Inspector  and  Assistants. 

That  in  the  establishment,  government  and  maintenance  of 
the  Department  of  Buildings  of  the  city  of  Louisville,  the  follow- 
ing ordinance  to  be  known  and  cited  as  the  Building  Code  shall 
prevail,  viz.: 

The  Inspector  of  Buildings,  his  assistants  and  his  clerks,  shall 
be  appointed  by  the  Board  of  Public  Safety  and  shall  hold  their 
offices  during  the  pleasure  of  said  board. 

The  Inspector  of  Buildings  and  his  assistants  shall  not  during 
their  term  of  office  be  employed  or  engaged  directly  or  indirectly 
in  any  building  business,  or  enter  into  any  contract  for  buildings 
for  others,  or  to  furnish  materials,  specifications  or  plans  for 
buildings  for  others  in  the  city  of  Louisville. 


52  BUILDING  CODE. 


§  2.     Duties  of  Inspector  of  Buildings. 

It  shall  be  the  duty  of  said  Inspector  of  Buildings  to  cause 
to  be  kept  a  record  of  all  applications  for  permits,  which  shall 
be  regularly  numbered  in  the  order  of  their  issue,  also  a  record 
showing  the  number,  description  and  size  of  all  buildings 
erected  in  the  city  during  his  term  of  office;  of  what  material 
constructed  and  the  aggregate  of  the  number,  kind  and  cost 
of  all  buildings;  the  ground  area  and  the  number  of  cubic  feet 
contained  in  such  buildings;  the  inspection,  removal  and  con- 
demnation of  buildings,  and  all  other  matters  proper  to  be 
recorded. 

Said  Inspector  of  Buildings  shall  have  full  power  to  pass 
upon  any  question  arising  under  the  provisions  of  this  ordi- 
nance relative  to  the  manner  of  construction  or  material  to  be 
used  in  the  erection,  alteration  or  repair  of  any  building. 

Any  duty  or  act  required  of  or  authorized  to  be  done  by  the 
Inspector  of  Buildings  may  be  performed  by  any  Assistant  Build- 
ing Inspector,  subject  to  revision  by  the  Building  Inspector. 

§  3.     Appeal  to  Board  of  Safety. 

Should  any  question  arise  between  the  Inspector  of  Build- 
ings and  the  owner  or  architect  of  any  building  or  proposed 
building,  or  should  the  owner  or  architect  object  to  any  order 
or  decision  of  said  Inspector,  the  matter  shall  be  referred  to  the 
Board  of  Public  Safety  and  its  decision  shall  be  final  and  con- 
clusive. 

§  4.     Inspector  to  Examine  Buildings. 

The  Inspector  of  Buildings  shall  examine  all  buildings,  or 
cause  the  same  to  be  examined,  upon  or  in  which  work  is  being 
done  under  the  provisions  of  this  ordinance  as  often  as  prac- 
ticable. 

If  the  Inspector  of  Buildings  shall  find  in  the  city  any 
building  or  structure,  or  part  thereof,  in  such  an  unsafe  con- 
dition as  to  endanger  life,  but  so  that  by  the  immediate  appli- 
cation of  precautionary  measures  such  danger  may  be  averted, 
he  shall  have  authority  and  it  shall  be  his  duty  to  forthwith  notify 
in  writing  the  owner,  agent  or  person  in  possession,  charge,  or 
control  of  such  building  or  structure,  or  part  thereof,  to  adopt 
and  put  into  effect  such  precautionary  measures  as  may  be  neces- 


BUILDING  CODE.  53 


sary  or  advisable  in  order  to  place  such  building  or  structure, 
or  part  thereof,  in  a  safe  condition.  Such  notice  shall  state 
briefly  the  nature  of  work  required  to  be  done,  and  the  said 
Inspector  shall  specify  in  such  notice  a  time  in  which  the  work 
required  to  be  done  shall  be  completed  by  the  person  notified. 

If  the  owner,  agent  or  person  in  possession,  charge  or  con- 
trol of  such  building  or  structure,  or  part  thereof,  when  so  noti- 
fied, shall  fail,  neglect  or  refuse  to  place  such  building  or  struc- 
ture, or  part  thereof,  in  safe  condition  and  to  adopt  such  pre- 
cautionary measures  as  shall  have  been  specified  by  said  Inspec- 
tor within  the  time  specified  in  such  notice,  in  such  case,  at  the 
expiration  of  such  time,  it  shall  be  the  duty  of  said  Inspector  to 
proceed  forthwith  to  do  so,  or  cause  to  be  done  any  and  all  work 
necessary  to  place  such  building  or  structure  or  part  thereof  in  a 
safe  condition. 

If  the  said  Inspector  shall  be  unable  to  find  the  owner  of 
such  building,  structure  or  part  thereof,  or  agent  or  person  in 
possession,  charge  or  control  thereof,  upon  whom  such  notice 
may  be  served,  he  shall  place  or  cause  to  be  placed  the  notice 
herein  provided  for  upon  such  building  at  or  near  its  principal 
entrance,  or  at  some  other  conspicuous  place  on  or  near  said 
building,  and  if  at  the  expiration  of  the  time  specified  in  such 
notice  for  the  completion  of  the  work  required  to  be  done,  the 
terms  of  such  notice  shall  not  have  been  complied  with,  it  shall 
be  the  duty  of  the  Inspector  to  thereupon  proceed  and  do  such 
work  in  the  same  manner  as  hereinbefore  provided  in.  cases  of 
refusal,  neglect  or  failure  on  the  part  of  the  owner,  agent  or 
person  in  possession,  charge  or  control  of  any  such  building, 
structure,  or  part  thereof,  when  so  notified. 

If,  in  accordance  with  the  provisions  of  this  section,  the 
work  of  placing  any  building,  structure,  or  part  thereof,  in 
a  safe  condition  shall  devolve  upon  the  said  Inspector,  and  it 
shall  appear  that  such  building,  structure,  or  part  thereof,  is 
in  such  a  condition  as  not  to  warrant  the  expenditure  thereon 
of  a  suffifficient  sum  of  money  to  make  such  repairs,  or  to  do 
such  work  as  is  necessary  to  put  in  a  safe  condition,  the 
said  Inspector  shall  have  authority  to  tear  down  or  destroy 
such  building,  structure,  or  part  thereof,  and  the  expense  of 
tearing  down  and  destroying  any  such  building  or  structure  or 
part  thereof,  and  the  exepnse  of  making  any  repairs  or  doing 


54  BUILDING  CODE. 


any  work  thereon,  shall  be  charged  to  the  person  owning  or 
in  possession,  charge  or  control  of  such  building  or  structure 
or  part  thereof,  and  the  Inspector  shall  recover,  or  cause  to 
be  recovered  from  such  owner  or  person  in  possession,  charge 
or  control  the  cost  to  the  city  of  doing  such  work  by  some  ap- 
propriate proceeding;  and  said  expense  and  cost  of  making 
said  repairs,  tearing  down  and  destroying  said  building  or  struc- 
ture shall  become  and  remain  a  lien  upon  the  lot  and  improve- 
ments upon  which  said  building  or  structure  is  located. 

Should  said  owner,  agent  or  person  in  possession,  charge 
or  control  of  any- such  building  or  structure,  upon  whom  notice 
as  provided  for  in  this  section  has  been  served,  fail,  neglect  or 
refuse  to  place  such  building  or  structure,  or  part  thereof,  m  a 
safe  condition  as  designated  in  said  notice,  then  such  owner, 
agent  or  person  in  possession,  charge  or  control  of  said  building, 
on  whom  said  notice  is  served  shall  be  deemed  guilty  of  a  mis- 
demeanor and  on  conviction  shall  be  fined  not  less  than  ten  ($10) 
nor  more  than  one  hundred  dollars  ($100),  and  each  day  said 
owner,  agent  or  person  in  possession,  charge  or  control^  of  said 
building  fails  to  place  same  in  a  safe  condition  after  the  date 
named  in  said  notice  has  expired,  shall  be  considered  a  separate 
offense. 

§  5.     Inspector  to  Enter  Buildings. 

The  Inspector  of  Buildings  and  his  assistants  are  hereby 
given  authority  to  enter  any  building  in  the  city  of  Louisville 
in  the  performance  of  their  duties  and  to  order  and  compel  the 
suspension  of  any  work  being  done  in  violation  of  the  provisions 
of  this  ordinance. 

No  person  shall  continue  the  construction  of  any  building, 
or  use  any  material  in  or  about  any  building,  after  said  Inspec- 
tor of  Buildings  or  his  assistants  have  directed  in  writing  the 
suspension  of  such  construction  or  the  use  of  such  material. 

§  6.  Revocation  of  Permits. 
Should  the  Inspector  of  Buildings  become  convinced  that 
the  work  under  any  permit  is  not  proceeding  according  to  the 
detailed  statement,  plans  and  specifications  upon  which  such 
permit  was  issued,  or  is  proceeding  in  violation  of  the  law  or 
ordinance,  it  shall  be  his  duty  to  notify  the  owner  or  owners. 


BUILDING  CODE.  55 


or  his  or  their  agents  in  writing,  that  the  work  is  being  con- 
structed in  violation  of  the  permit  or  ordinance,  and  that  the 
same  must  be  immediately  rectified  to  conform  with  the  build- 
ings laws  or  with  such  permit.  If  the  owner  or  owners,  or  his 
or  their  agents,  neglects  to  comply  with  the  said  laws,  or  fails 
to  make  corrections  within  such  time  as  may  be  specified  by  the 
Building  Inspector,  it  shall  be  the  further  duty  of  the  Inspector 
of  Buildings  to  revoke  said  permit,  and  notice  thereof  shall  be 
immediately  served  upon  the  owner,  agent,  superintendent  or 
contractor  in  charge  of  the  work  or  posted  on  the  property. 

Said  notice  shall  be  in  writing  signed  by  the  Inspector  of 
Buildings,  and  after  such  revocation  of  permit,  any  architect, 
contractor  or  workman  performing  any  work  in  or  about  said 
structure,  building  or  premises  shall  be  guilty  of  a  misde- 
meanor and  on  conviction  thereof  shall  be  fined  not  less  than 
ten  dollars  ($10.00)  nor  more  than  one  hundred  dollars 
($100.00)  ;  and  each  day  any  such  architect,  contractor  or  work- 
man performs  any  work  on  or  about  said  structure  or  building 
after  the  revocation  of  said  permit  shall  be  considered  a  separate 
offense. 

§  7.     Limit  of  Permit. 

Every  permit  shall  be  considered  cancelled  if  active  work  is 
not  commenced  within  six   (6)  months  of  the  date  of  its  issue. 

§  8.  Inspector  to  Make  Tests. 
The  Inspector  of  Buildings  and  his  assistants  are  hereby  given 
authority  to  make  such  tests  as  may  be  necessary  to  determine 
the  safety  of  the  condition  of  any  building  or  machinery  which 
it  becomes  their  duty,  under  the  provisions  of  this  ordinance  to 
inspect,  such  tests,  if  there  be  expense  attached,  to  be  at  the  cost 
of  the  owner,  same  to  be  recovered  by  proper  proceedings. 

§  9.     Inspect  all  Buildings. 

The  Inspector  of  Buildings  shall  inspect  or  cause  to  be  in- 
spected all  public  school  buildings,  public  halls,  churches, 
theatres,  auditoriums,  skating  rinks,  baseball  stands,  or  other 
stands  occupied  by  large  numbers  of  people,  and  all  buildings 
used  for  either  manufacturing  or  commercial  purposes;  also 
all  hotels,  apartment  houses  and  all  other  buildings  of  what- 
soever nature  for  the  purpose  of  determining  the  safety  of  such 


56  BUILDING  CODE. 


buildings  or  structures  or  any  passways,  appliances  or  equip- 
ments thereof;  the  sufficiency  of  their  doors;  passageways, 
aisles,  stairways,  corridors,  exits  or  fire  escapes,  and  generally 
their  facilities  for  egree  in  case  of  fire  or  other  accident,  and 
the  strength  of  their  floors,  and  in  case  of  any  violations  of 
the  several  provisions  of  this  ordinance,  to  cause  warrants  to  be 
issued  against  the  offender  or  offenders. 


PART  II. 
PERMITS. 


§  10.  Requirements  for  Permit. 
No  excavation  shall  be  commenced,  no  wall,  structure, 
building  or  structure  be  constructed,  installed  or  altered,  nor 
shall  the  heating  apparatus,  gas  fitting  or  elevator  work  of  any 
building  or  structure  be  constructed,  installed  or  altered,  nor 
shall  any  building  be  moved,  nor  any  sign  erected,  except  in  ac- 
cordance with  the  provisions  of  this  Code,  nor  until  a  permit  has 
been  issued  by  the  Department  of  Buildings. 

§  11.  Bond  To  Be  Given. 
Before  the  Inspector  of  Buildings  shall  issue  a  permit  to 
erect,  alter  or  repair  a  building  the  owner  shall  file  a  bond  with 
the  Board  of  Public  Safety,  with  surety  to  be  approved  by  the 
Inspector  of  Buildings,  expressly  stipulating  and  agreeing  to 
pay  all  damages  for  personal  injuries  to  any  one  or  damages 
to  property  or  improvements  on  account  of  any  excavation  made 
in,  or  any  obstruction  placed  upon  any  street,  sidewalk,  alley  or 
other  public  space  of  the  city  of  Louisville  by  any  one  while  en- 
gaged in  or  about  the  performance  of  said  work  and  during  the 
existence  of  such  excavation  or  obstruction,  and  will  defend  all 
suits  and  hold  the  city  of  Louisville  harmless  against  any  and  all 
loss  or  damage  on  account  of  either  personal  injuries  or  injuries 
to  property. 

§  12.     Application  for  Permit. 

Application  for  permit  shall  be  made  in  writing  to  the  In- 
spector of  Buildings  and  signed  by  the  owner  or  his  agent  or 
architect  upon  blank  forms  furnished  by  the  Department  of 
Buildings.      The    application    shall    state    the    location    of    the 


BUILDING  CODE.  57 


building,  size  of  lot,  number  of  cubic  yards  of  stone  or  of  con- 
crete for  foundations  or  other  purposes,  the  number  of  thou- 
sand of  brick  and  the  number  of  square  yards  of  plaster  to  be 
used  in  the  erection,  alteration  or  repair  of  said  building,  and 
the  estimated  cost  of  such  work. 

Application  for  permit  to  erect  a  building  or  structure 
shall  be  accompanied  by  such  plans  and  specifications  as  will 
give  full  information  as  to  the  character  of  the  building,  its 
size  in  every  direction,  arrangement  of  rooms,  halls,  closets 
and  stairways  and  the  material  to  be  used  in  construction;  and 
the  Inspector  of  Buildings  may  require  detail  drawings  and 
strain  sheet  of  all  such  trusses,  beams,  columns  and  floors  or  such 
other  drawings  and  specifications  as  he  may  deem  necessary. 

Applications  for  permit  to  erect  elevators,  fire  escapes,  or  to 
do  plumbing  or  electrical  work,  or  to  erect  signs  of  any  kind, 
will  be  made  on  blanks  furnished  by  the  Department  of  Buildings, 
and  accompanied  by  such  plans  and  specifications  as  may  be 
required. 

§  13.     Plans. 

All  plans  must  be  made  in  ink  on  cloth  or  heavy  paper  or 
on  blue  print  paper.  They  must  be  drawn  to  scale  and  dimen- 
sions of  structural  parts  filled  in  with  figures. 

The  Inspector  of  Buildings  may  issue  permits  for  the  erec- 
tion of  sheds  or  small  one-story  buildings  upon  the  description 
given  in  the  application  and  not  accompanied  by  drawings,  and 
this  shall  apply  also  to  alterations  and  repairs  of  buildings  when 
in  the  judgment  of  the  Inspector  of  Buildings  drawings  are  not 
necessary  to  show  the  full  character  of  the  work  to  be  done. 

If  any  changes  are  made  in  the  plans  of  a  building  after  a 
permit  has  been  issued,  then  the  architect  or  owner  shall  file 
revised  plans,  or  record  such  alterations  or  changes  affecting 
structural  parts  of  the  design  on  the  plans  and  specifications 
on  file  in  the  office  of  the  Department  of  Buildings,  and  such 
alterations  or  changes  must  have  the  approval  of  the  Inspector 
of  Buildings  endorsed  thereon. 


58  BUILDING  CODE. 


§  14.     Use  of  Public  Way. 

Upon  receiving  a  permit,  the  party  intending  to  build 
shall,  if  the  street  be  not  graded  in  front  of  the  proposed  build- 
ing, obtain  the  grade  from  the  City  Engineer's  office  and  build  in 
conformity  therewith. 

The  portion  of  any  street  which  may  be  occupied  by  the 
material  necessary  for  a  building  in  course  of  construction, 
alteration  or  repair  shall  not  exceed  in  any  event  the  dimensions 
of  the  front  of  the  premises  being  built  upon,  and  twelve  and 
one-half  feet  in  addition  on  each  side  and  not  exceeding  one-third 
of  the  street  in  breadth,  and  such  occupation  of  public  ways  shall 
not  be  prolonged  an  unreasonable  period. 

All  brick  shall  be  properly  stacked  when  removed  from  wagon, 
and  a  sufficient  way  be  left  unencumbered  at  all  times  between 
said  building  material  and  the  curbstone  on  the  side  of  the  street 
opposite  the  building  for  the  passage  of  vehicles. 

No  material  shall  be  placed  within  four  feet  of  the  track 
of  any  railroad  or  street  railway,  or  of  any  fire  cistern,  fire 
plug,  pump,  manhole  for  any  sewer  or  conduit  system  or.  cross- 
ing, or  within  twelve  inches  of  any  curbstone,  without  provision 
being  made  for  the  free  passage  of  water  in  the  gutters  and  a 
sufficient  unobstructed  passageway  for  persons  and  vehicles 
be  maintained  at  all  times  along  the  street;  and  provided  further, 
that  where  it  is  possible  so  to  do,  that  as  soon  as  any  building 
is  up  to  the  grade  sidewalk  the  sidewalk  shall  immediately  be 
constructed  and  a  sufficient  passageway  be  kept  at  all  times 
over  same,  and  whenever  required  by  the  Inspector  or  his 
deputies,  as  soon  as  the  building  reaches  the  height  of  the  first 
story,  the  owner  or  contractor  shall  construct  a  shed  over  the 
sidewalk  and  the  entire  width  of  front  and  side  of  premises 
being  built  upon,  and  keep  same  in  repair  until  the  building  is 
completed  or  until  the  Inspector  or  his  deputies  order  same  re- 
moved. 

Upon  all  obstructions  or  excavations  caused  by  contrac- 
tors or  other  persons  in  the  streets  and  other  thoroughfares 
they  shall  place  red  lights,  to  be  kept  burning  from  twilight 
in  the  evening  until  daylight  in  the  morning,  so  long  as  such 
obstructions  remain.  A  passageway  at  least  four  feet  wide  shall 
be  kept  in  front  of  any  new  building  in  course  of  construction,  or 
any  building  in  process  of  repairs  or  altering,  as  far  as  prac- 
ticable. 


BUILDING  CODE.  59 


§  15.  Use  of  Space  Under  Sidewalk. 
In  the  use  of  space  under  the  sidewalk,  in  front  or  side, 
or  in  the  alley,  in  the  rear  or  side  of  any  structure,  a  suffi- 
cient retaining  wall  to  sustain  the  roadway  or  street  shall  be 
constructed,  and  all  end  and  division  walls  shall  extend  from 
the  wall  of  the  building  to  the  curb  line,  and  be  of  sufficient 
strength  to  sustain  the  sidewalk  or  roadway.  The  sidewalk 
in  such  cases  to  be  entirely  incombustible  material.  All  open- 
ings in  such  sidewalks  shall  be  covered  with  illuminating  tile 
in  iron  frames,  or  with  iron  covers  with  rough  surfaces.  No 
plain  surface  or  glass  greater  than  six  inches  square  allowed 
in  any  sidewalk. 

The  foregoing  provisions  and  all  the  provisions  of  this 
Code  shall  apply  with  equal  force  to  buildings  both  municipal 
and  private. 


PART  III. 

DEMOLISHING  AND  MOVING  BUILDINGS. 

§  16.     Application  for  Permit. 

An  application  for  permit  to  move  a  building  shall  state  the 
location  of  the  building  to  be  moved,  its  length,  width,  height 
and  the  principal  materials  of  its  walls  or  sides  and  its  roof  and 
the  proposed  location  to  which  it  is  to  be  moved. 

In  the  erection  of  the  building  at  its  new  location  all  the 
provisions  of  this  Code  applicable  to  a  new  building  of  the 
same  class  shall  apply.  No  frame  building  shall  be  moved  from 
one  place  to  another  within  the  fire  limits,  nor  from  without  to 
within  the  fire  limits. 

No  permit  will  be  issued  to  move  a  building  to  another  loca- 
tion until  the  mover  has  obtained  a  permit  from  the  Board  of 
Public  Works  to  occupy  the  necessary  public  ways. 

§  17.     Rubbish  to  be  Removed. 

Earth  taken  from  excavations  and  rubbish  taken  from  build- 
ings being  erected,  altered,  repaired  or  demolished  shall  not  be 
stored  upon  sidewalks,  streets  or  alleys,  but  must  be  removed 
as  rapidly  as  produced.  In  demolishing  any  building  story 
after  story,  commencing  with  the  top  story,  shall  be  completely 


60  BUILDING  CODE. 


removed,  the  brick,  timbers  and  other  structural  parts  of  each 
story  shall  be  lowered  to  the  ground  immediately  upon  displace- 
ment. The  material  to  be  removed  shall  be  properly  wet  down 
to  lay  the  dust  incident  to  removal. 

§  18.     Raising  Frame  Buildings. 

A  frame  building  not  more  than  two  stories  in  height  may 
be  raised  for  the  purpose  of  constructing  a  basement  story 
under  it.  The  principal  floor  of  a  two-story  building  shall  not 
be  elevated  more  than  eight  feet  above  the  grade  of  the  lot, 
and  the  new  walls  shall  be  of  masonry  and  thirteen  inches 
thick.  Footings  of  foundations  to  be  twelve  inches  wider  than 
walls. 

§  19.     Remodeling  Buildings  in  Fire  Limits. 

No  frame,  veneered,  iron-clad  or  any  building  the  enclosing 
walls  or  roof  of  which  are  constructed  of  combustible  material 
shall  be  erected,  moved  or  remodeled  within  the  fire  limits  of  the 
city  of  Louisville,  or  repaired  when  damaged  to  the  extent  of 
fifty  per  cent  of  the  cost  of  replacing  the  original  building,  exclu- 
sive of  the  value  of  the  foundation. 

Any  frame,  veneered  or  iron-clad  building  within  the  fire 
limits  of  the  city  of  Louisville  that  has  been  damaged  by  fire  or 
decay  to  a  greater  extent  than  fifty  per  cent  of  the  cost  of  re- 
placing the  original  building,  exclusive  of  the  value  of  the  foun- 
dation, may  be  condemned  and  ordered  removed  within  ten  days 
by  the  Inspector  of  Buildings.  Any  building  within  the  fire 
limits  of  the  city  of  Louisville  having  a  combustible  roof,  such 
roof  when  damaged  by  fire  or  other  cause  to  the  extent  of  fifty 
per  cent  of  the  cost  of  replacing  it,  shall  be  removed  and  be  re- 
placed by  a  metal  or  other  thoroughly  noncombustible  roof 
covering. 

The  question  of  the  cost  of  replacing  a  roof  or  a  structure 
named  in  this  section,  and  the  extent  of  the  damage  by  fire  or 
other  causes,  shall  be  determined  by  the  Inspector  of  Buildings, 
provided  that  the  owner  or  agent  may  appeal  from  the  decision 
of  the  Inspector  of  Buildings  to  the  Board  of  Public  Safety. 

§  20.     Temporary  and  Detached  Structures. 
Sheds  may  be  erected  for  the  storage  of  materials,  for  the 
shelter  of  workmen  or  animals  from  sun  and  rain,  for  outdoor 


BUILDING  CODE.  61 


manufacturing  and  for  temporary  purposes,  subject  to  the  re- 
strictions imposed  by  the  provisions  of  this  sub-division,  and 
they  shall  not  be  constructed  for  any  other  purpose. 

Sheds  must  not  be  over  15  feet  high.  They  shall  not  be  lathed 
or  plastered  or  otherwise  finished  as  for  habitation. 

No  shed  shall  have. an  area  of  more  than  2,500  square  feet. 
When  made  of  combustible  material  a  shed  shall  not  be  placed 
within  ten   (10)  feet  of  any  other  structure. 

Shed  walls  and  shed  roofs  erected  within  the  fire  limits,  ex- 
cept for  purposes  connected  with  the  construction  of  a  perma- 
nent building,  shall  be  made  entirely  of  incombustible  material. 

Small  sheds  made  of  wood  required  for  offices  or  for  the 
storage  of  tools  and  materials  to  be  used  in  the  erection  of  any 
building  or  other  construction,  may  be  constructed  on  the  prem- 
ises or  adjoining  premises,  but  no  such  sheds  shall  be  erected 
upon  a  public  way  without  the  approval  of  the  Inspector  of 
Buildings,  and  such  sheds  shall  be  removed  when  the  permanent 
structure  is  ready  for  occupancy. 

Before  beginning  work  on  any  building,  the  contractor  or 
builder  shall  provide  ample  water  closet  facilities  for  working- 
while  engaged  upon  the  construction  of  the  building. 


PART  IV. 

DEFINITIONS. 

§  21.     Buildings  Classified. 

The  term  "Fireproof  Buildings"  shall  apply  to  all  buildings 
in  which  the  principal  parts  are  made  of  incombustible  materials, 
but  not  including  fire-proofed  wood.  In  all  such  buildings,  the 
walls,  floors,  roofs,  furrings,  ceilings,  stairs  and  elevator  en- 
closures, excepting  only  the  finish  of  the  floor,  shall  be  made 
entirely  of  incombustible  material,  and  all  structural  members 
of  metal  shall  be  protected  from  fire  by  a  covering,  the  material 
of  which  shall  be  entirely  incombustible,  not  injuriously  affected 
by  water,  and  a  slow  conductor  of  heat. 

The  term  "Slow-burning  Buildings"  or  "Composite  Build- 
ings" shall  apply  to  all  buildings  in  which  the  exterior  walls 
are  made  entirely  of  brick,  stone  or  concrete  and  roof  covering 
made    of    incombustible    material,    with    doors,    windows    and 


62  BUILDING  CODE. 


frames  of  wood,  but  with  interior  walls  of  brick,  or  with  columns 
and  girders  made  of  fireproofed  iron  or  steel,  and  with  the  floor 
construction  of  wooden  beams,  joists  and  ceiling  furred  with 
fire-proof  material  and  all  concealed  spaces  fire  stopped  and  all 
subdivisions  made  with  incombustible  partitions,  or  if  the  floor 
and  roof  system  are  composed  of  heavy  timbers  and  plank  with 
no  concealed  air  spaces. 

The  term  "Mill  Construction"  shall  apply  to  buildings 
without  hollow  or  concealed  spaces,  having  brick  walls  not  less 
than  twelve  inches  in  thickness  for  the  top  story  and  increas- 
ing in  thickness  according  to  sections  42  and  43  of  this  Code; 
roofs  to  be  of  three-inch  splined  planking  spiked  directly  to 
heavy  roof  timbers  not  less  than  six  inches  in  the  least  dimen- 
sion, covered  with  metal  or  other  approved  incombustible  roof 
covering.  Floors  to  be  solid  without  openings,  constructed 
of  not  less  than  three-inch  splined  planking  covered  with  one- 
inch  top  flooring  laid  crosswise  or  diagonally  properly  nailed. 
Between  the  top  flooring  and  the  planking  shall  be  placed  not 
less  than  two  thicknesses  of  water  proof  material  carefully 
laid  to  break  joints  and  flashed  at  least  three  inches  around  all 
walls,  posts  or  columns  and  openings  with  mouldings  or  mop- 
boards.  Size  and  spacing  of  floor  timbers  shall  be  suitable 
for  the  load  to  be  carried,  but  the  timbers  shall  in  no  case  be 
less  than  eight  inches  in  the  least  dimension,  and  shall  rest  on 
top  of  girders  or  on  iron  or  steel  plates  in  the  walls.  Girders 
shall  rest  on  iron  or  steel  plates  in  the  walls  and  on  iron  or  steel 
caps  on  columns,  so  arranged  as  to  be  self -releasing.  All  columns 
and  posts  shall  rest  on  pintles,  and  the  size  and  spacing  thereof 
shall  be  suitable  for  the  load  to  be  carried,  but  no  column  or 
post  shall  be  less  than  eight  inches  in  the  least  dimension. 
Columns,  girders  and  beams,  if  of  wood,  shall  be  of  solid  ma- 
terial, and  if  of  iron  or  steel  shall  be  protected  as  called  for  in 
sections  144,  145  and  146  of  this  Code.  All  elevators,  stairs, 
bolts,  pipes,  shaftings  and  vents  piercing  floors  shall  be  inclosed 
in  towers  having  brick  walls  not  less  than  eight  inches  in  thick- 
ness, or  reinforced  concrete  walls  not  less  than  six  inches  in 
thickness,  and  all  openings  therein  shall  be  protected  by  standard, 
automatic,  self-closing  fire  doors. 

The  term  "Ordinary  Masonry  Building"  shall  apply  to  all 
buildings  in  which  the  bearing  walls  are  made  of  brick,  stone 


BUILDING  CODE.  63 


or  concrete,  and  the  floors  and  roof  are  made  of  ordinary  wood 
construction. 

The  term  "Frame  Building"  shall  apply  to  all  buildings, 
the  exterior  walls  or  any  part  of  which  are  constructed  of  wood. 

Wood  buildings  sheathed  with  boards  and  covered  with  four 
inches  of  brick  or  terra  cotta,  and  wood  frames  covered  with 
metal  or  lathed  and  plastered  on  the  outside  shall  be  classed  as 
frame  buildings. 

"Private  Dwellings"  shall  be  taken  to  mean  and  include  all 
buildings  which  shall  be  intended,  designed  or  used  as  a  home 
or  residence,  no  part  of  which  structure  is  used  as  a  store  or 
for  anj"  business  purpose. 

An  "Apartment  House"  shall  be  taken  to  mean  and  in- 
clude every  building  which  shall  be  intended,  designed  or  used 
as  the  home  of  two  or  more  families  or  households  living  in- 
dependently of  each  other.  Buildings,  the  first  floor  or  base- 
ment of  which  are  used  as  stores  and  the  upper  floors  for  sleep- 
ing rooms,  shall  be  classed  as  "Apartment  Houses  or  Flats." 

The  term  "Tenement"  shall  apply  to  every  house,  building  or 
portion  thereof  which  is  rented,  leased  or  hired  out  to  be  occu- 
pied or  is  occupied  as  the  residence  of  more  than  two  families, 
living  independently  of  one  another  and  doing  their  cooking  on 
the  premises,  or  by  more  than  two  families  on  a  floor  so  living 
or  cooking,  but  having  a  common  right  in  the  halls,  stairways, 
yards,  water  closets  or  privies,  or  some  of  them. 

The  term  "Hotel"  shall  apply  to  every  building  or  part  thereof, 
used  for  supplying  food  or  shelter  to  residents  or  guests,  and 
having  a  public  dining-room  or  cafe  or  both,  and  containing  more 
than  fifteen  sleeping  rooms. 

The  term  "Office  Building"  shall  apply  to  every  building 
which  shall  be  divided  into  rooms  and  used  for  business  pur- 
poses, no  part  of  which  shall  be  used  for  living  purposes,  ex- 
cepting only  the  room  for  the  janitor  and  his  family. 

The  term  "Warehouse"  shall  apply  to  every  building,  or  part 
thereof,  used  solely  for  the  sale  or  storage  of  merchandise. 

"Incombustible  Material,"  when  referred  to  as  a  structural 
material,  means  brick,  stone,  slate,  terra  cotta,  concrete,  wire 
glass  one-quarter  (14)  inch  thick,  iron,  steel  or  sheet  metal, 
and  heavy  asbestos  and  mineral  wool,  when  used  alone  or  in 
combination  with  each  other. 


64  BUILDING  CODE. 


By  the  term  "Garage"  is  meant  a  building  or  that  portion 
of  a  building  wherein  are  kept  vehicles  charged  with,  or  con- 
taining a  volatile  inflammable  liquid  for  fuel  or  power.  Where 
any  portion  of  a  building  is  used  for  a  garage,  the  garage  shall 
be  deemed  to  embrace  all  of  the  building  not  separated  from 
the  garage  proper  by  fire  walls.  All  openings  in  such  walls  shall 
be  protected  on  both  sides  by  fireproof  doors  constantly  closed, 
except  when  necessarily  opened  for  passage. 

"Public  Garages"  are  garages  that  are  let  or  hired  for  storage 
or  repair  of  such  vehicles. 

"Private  Garages"  are  garages  used  by  individual  owners  of 
such  vehicles  only,  and  need  not  be  of  fireproof  construction,  if 
outside  the  fire  limits  and  housing  not  more  than  four  (4) 
vehicles. 

A  "Club  House"  is  a  building  used  or  intended  for  use  by  an 
organization  or  society  for  mutual  entertainment  or  recreation. 

When  such  buildings  contain  fifteen  (15)  or  more  rooms  for 
sleeping  purposes,  they  shall  be  classed  as  hotels,  and  when  such 
buildings  contain  assembly  halls,  seating  two  hundred  (200)  or 
more,  they  shall  be  classed  as  assembly  halls.  When  the  seating 
capacity  in  such  auditorium  exceeds  five  hundred  (500),  and  has 
a  permanent  stage  in  excess  of  twenty  (20)  feet  in  depth,  and 
having  fifty  galleries,  and  rigging  lofts,  such  portion  of  the  build- 
ing containing  the  assembly  hall  shall  meet  the  requirements  for 
theaters. 


PART  V. 

QUALITY  OF  MATERIALS. 
§  22.     Brick,  Sand  and  Mortars. 

Brick. — The  brick  used  in  all  buildings  shall  be  good,  hard, 
well-burnt  brick,  provided,  however,  that  isolated  interior  chim- 
neys of  dwellings  and  partition  walls  and  interior  four  inches 
of  bearing  walls  in  the  upper  two  stories  of  any  dwelling  may 
be  of  one  "Salmon"  brick  to  two  hard-burned  bricks.  No  "Sal- 
mon" brick  shall  be  used  in  cellars,  basements,  fire  walls  or  in 
chimneys  above  the  roof  line. 

Sand. — The  sand  used  for  mortar  or  concrete  in  all  building 
shall  be  clean,  sharp  grit  sand  free  from  loam  or  dirt. 


BUILDING  CODE.  65 


Lime  Mortar. — Slaked  lime  mortar  shall  be  made  of  one  part 
lime  and  not  more  than  three  parts  of  sand ;  all  lime  shall  be 
thoroughly  burnt,  of  good  quality  and  properly  slaked  before  it 
is  mixed  with  the  sand. 

Cement  Mortar. — Cement  mortar  shall  be  made  of  Portland 
cement  or  of  Louisville  cement,  or  a  natural  cement  equal  in 
quality  to  Louisville  cement,  mixed  with  sand,  and  shall  be  used 
immediately  after  being  mixed.  If  Louisville  or  other  natural 
cement  is  used,  the  proportions  shall  be  one  part  cement  by 
measure  and  not  more  than  two  parts  sand.  If  Portland  cement 
is  used,  the  proportions  shall  be  one  part  cement  and  not  more 
than  three  parts  sand. 

Cement  and  Lime  Mortar. — Cement  and  lime  mortar  mixed 
shall  consist  of  equal  parts  of  lime  and  cement  mortars  as  de- 
scribed above  in  this  section,  or  what  is  known  as  "Bricklayers" 
cement  (being  a  mixture  of  Louisville  Hydraulic  cement  with  15 
per  cent  of  lime  added  before  grinding),  may  be  used  with  the 
proper  proportion  of  sand  instead  of  the  cement  and  lime  mix- 
tures described  above  in  this  section. 

§  23.     Cements. 

All  cements,  whether  used  for  mortar,  concrete  or  concrete 
blocks,  shall  conform  to  the  requirements  and  standard  test^  of 
the  American  Society  of  Civil  Engineers.  "Bricklayers"  cement 
is  to  be  classed  with  the  Louisville  or  natural  cements,  and  may 
be  used  wherever  such  cements  are  specified  in  this  Code. 

When  required  by  the  Inspector  of  Buildings,  there  shall  be 
submitted  to  him  certified  tests  of  the  cement  being  used  in  any 
building  from  some  established  laboratory  of  inspection,  and  the 
cement  shall  conform  to  all  requirements  of  this  section. 

§  24.  Concrete  for  Foundations. 
Concrete  for  foundations  shall  be  made  of  not  more  than  two 
and  one-half  parts  of  sand  and  five  parts.broken  stone  by  volume 
to  one  part  cement;  the  stone  shall  be  clean  and  broken  to  such 
size  as  to  pass  in  any  way  through  a  two-inch  ring;  good  clean 
gravel  may  be  used  in  the  same  proportion  as  broken  stone.  The 
cement  and  sand  are  to  be  measured  and  thoroughly  mixed  before 
adding  water.  All  concrete  shall  be  properly  rammed  and  allow- 
ed to  set  before  being  disturbed. 


66  BUILDING  CODE. 


§  25.  Quality  of  Timber. 
All  timbers  and  wooden  beams  used  in  any  building  shall  be 
of  good,  sound  material  free  from  rot,  large  and  loose  knots, 
shakes  or  any  imperfection  whereby  the  strength  may  be  im- 
paired, and  be  of  such  size  and  dimensions  as  the  purpose  for 
which  the  building  is  intended  requires. 

§  26.     Tests  of  New  Materials. 

New  and  untried  material  of  whatever  nature  shall  be  sub- 
jected to  such  tests  to  determine  its  character  and  quality  as  the 
Inspector  of  Buildings  shall  direct.  The  tests  shall  be  made 
under  the  supervision  of  the  Inspector  of  Buildings,  or  he  may 
direct  the  architect  or  owner  to  file  with  him  a  certified  copy  of 
the  results  of  test  such  as  he  may  direct  to  be  made. 

§  27.     Structural  Material. 

Wrought  Iron. — All  wrought  iron  shall  be  uniform  in  char- 
acter, fibrous,  tough  and  ductile.  It  shall  have  an  ultimate 
tensile  resistance  of  not  less  than  48,000  pounds  per  square  inch, 
an  elastic  limit  of  not  less  than  24,000  pounds  per  square  inch, 
and  an  elongation  of  twenty  per  cent  in  eight  inches  when  tested 
in  small  specimens. 

Sleel. — All  structural  steel  shall  have  an  ultimate  tensile 
strength  of  from  54,000  to  64,000  pounds  per  square  inch.  Its 
elastic  limit  shall  be  not  less  than  32,000  pounds  per  square  inch 
and  test  specimens  ruptured  in  tension  must  show  a  minimum 
elongation  of  not  less  than  20  per  cent  in  eight  inches.  Rivet 
steel  shall  have  an  ultimate  strength  of  from  50,000  to  58,000 
pounds  per  square  inch. 

Cast  Steel. — Shall  be  made  of  open  hearth  steel  containing 
one-quarter  to  one-half  per  cent  of  carbon,  not  over  eight  one- 
hundredths  of  one  per  cent  of  phosphorous,  and  shall  be  prac- 
tically free  from  blow  holes. 

Cast  Iron. — Shall  be  of  good  foundry  mixture,  producing  a 
clean,  tough,  gray  iron.  Sample  bars  five  feet  long,  one  inch 
square,  cast  in  sand  molds,  placed  on  supports  four  feet  six  inches 
apart,  shall  bear  a  central  load  of  450  pounds  before  breaking. 
Castings  shall  be  free  of  serious  blow  holes,  cinder  spots  and  cold 
shuts.  Ultimate  tensile  strength  shall  be  not  less  than  16,000 
pounds  per  square  inch  when  tested  in  small  specimens. 


BUILDING  CODE.  67 


PART  VI. 

EXCAVATIONS  AND  FOUNDATIONS. 

§  28.     Excavations. 

All  excavations  for  buildings  shall  be  properly  guarded  and 
protected  so  as  to  prevent  the  same  becoming  dangerous  to  life 
or  limb,  and  shall  be  sheath  piled  by  the  person  or  persons  caus- 
ing the  excavations  to  be  made  when  necessary  to  prevent  the 
adjoining  earth  from  caving  in.i  Plans  filed  in  the  Department 
of  Buildings  shall  be  accompanied  by  a  statement  of  the  charac- 
tei'  of  the  soil  at  the  level  of  the  footings  when  required  by  the 
Inspector  of  Buildings. 

§  29.     Excavations  Over  Ten  Feet  Deep. 

Whenever  the  owner  of  a  lot  in  the  city  of  Louisville  proposes 
to  excavate  upon  such  lot  to  a  depth  greater  than  ten  (10)  feet 
below  the  top  of  the  curbstone  of  the  sidewalk  adjoining  such  lot, 
or  below  the  lot  grade,  if  excavation  is  back  of  sidewalk  line,  or 
to  cause  an  excavation  to  be  made  on  such  lot  to  a  depth  greater 
than  ten  feet  below  the  top  of  such  curbstone  or  lot  grade,  the 
owner  so  proposing  to  excavate,  or  to  cause  an  excavation  to  be 
made,  shall  at  his  own  expense  protect  any  wall  on  adjoining 
land  on  or  near  such  excavation  from  injury  from  such  excava- 
tion, if  the  necessary  license  is  afforded  him  to  enter  upon  such 
adjoining  land  for  that  purpose,  but  not  otherwise. 

Any  person,  firm  or  corporation  whose  duty  it  is  under  this 
ordinance  or  other  law  to  protect  any  wall,  cellar  or  structure, 
shall  be  subject  to  the  penalties  imposed  by  this  ordinance. 

§  30.  Retaining  Walls. 
When  an  excavation  is  made  on  any  lot,  the  person  or  per- 
sons causing  such  excavation  to  be  made  shall  build  on  the  ad- 
joining lot  at  his  or  their  own  cost  and  expense  a  retaining  wall 
to  support  the  adjoining  earth,  if  accorded  the  necessary  license 
to  enter  upon  the  said  adjoining  lot,  and  not  otherwise,  and  such 
retaining  wall  shall  be  carried  to  the  height  of  the  adjoining 
earth  and  be  properly  protected  by  coping.  If  the  necessary 
license  is  not  accorded  to  the  person  or  persons  making  such  ex- 
cavation, then  it  shall  be  the  duty  of  the  owner  or  owners  refus- 
ing to  grant  such  license  to  build  the  retaining  wall  on  his  or 


68  BUILDING  CODE. 


their  own  property,  at  his  or  their  own  expense,  without  recourse 
to  the  person  or  persons  making  the  excavation  on  the  premises 
adjoining  thereto. 

The  thickness  of  a  retaining  wall  at  its  base  shall  be  in  no  case 
less  than  one-fourth  of  its  height,  or  of  a  design  of  equivalent 
strength. 

§  31.     Bearing  Capacity  of  Soil. 

Where  no  test  of  the  sustaining  power  of  the  soil  is  made,  dif- 
ferent soils,  excluding  mud  at  the  bottom  of  the  footings,  shall 
be  deemed  to  safely  sustain  the  following  loads  to  the  superficial 
foot,  namely: 

Loam,  clay  or  fine  sand,  firm  and  dry  two  and  one-half  tons 
per  square  foot. 

Very  firm,  coarse  sand,  stiff  gravel  or  hard  clay,  four  tons 
per  square  foot,  or  as  otherwise  determined  by  the  Inspector  of 
Buildings. 

Where  a  test  is  made  of  the  sustaining  power  of  the  soil,  the 
Inspector  of  Buildings  shall  be  notified  so  that  he  may  be  present, 
either  in  person  or  by  representative.  The  record  of  the  test 
shall  be  filed  in  the  Department  of  Buildings. 

When  a  doubt  arises  as  to  the  safe  sustaining  power  of  the 
earth  upon  which  a  building  is  to  be  erected,  the  Department  of 
Buildings  may  order  borings  to  be  made,  or  direct  to  be  tested 
the  sustaining  power  of  the  soil  by  and  at  the  expense  of  the 
owner  of  the  proposed  building. 

§32.     Pressure  Under  Footings  of  Foundations. 

The  loads  exerting  pressure  under  the  footings  of  foundations 
in  buildings  more  than  three  stories  in  height  are  to  be  com- 
puted as  follows: 

For  warehouses  and  factories,  they  are  to  be  the  full  dead 
load  and  75  per  cent  of  the  full  live  load,  established  by  section 
100  of  this  Code. 

In  stores  and  buildings  for  light  manufacturing  purposes 
they  are  to  be  the  full  dead  load  and  60  per  cent  of  the  live  load 
established  by  section  100  of  this  Code. 

In  churches,  school  houses  and  places  of  public  amusement  or 
assembly  they  are  to  be  full  dead  load  and  60  per  cent  of  the 
live  load  established  by  section  100  of  this  Code. 


BUILDING  CODE.  69 


In  office  buildings,  hotels,  apartment  hotels,  dwellings,  apart- 
ment houses,  tenement  houses,  lodging  houses  and  stables  they 
are  to  be  the  full  dead  load  and  40  per  cent  of  the  live  load  estab- 
lished by  section  100  of  this  Code. 

Footings  shall  be  so  designed  that  the  loads  will  be  as  nearly 
uniform  as  possible  and  not  in  excess  of  the  safe  bearing  capacity 
of  the  soil,  as  established  by  section  31  of  this  Code. 

§  33.  Foundations. 
Every  building,  except  buildings  erected  upon  solid  rock,  shall 
have  foundations  not  less  than  thirty  inches  below  the  curb  level 
(or  the  finished  grade  of  lot  if  the  building  does  not  immediately 
adjoin  the  sidewalk)  on  soUd  ground  or  upon  piles  or  ranging 
timbers  when  solid  ground  or  rock  is  not  found. 

§  34.     Wood  Piles. 

Piles  of  wood  intended  to  sustain  a  wall,  pier  or  post  shall  be 
spaced  not  more  than  thirty-six  inches  nor  less  than  twenty 
inches  on  centers,  and  they  shall  be  driven  to  a  solid  bearing,  if 
practicable  to  do  so,  and  the  number  of  such  piles  shall  be  suffi- 
cient to  support  the  superstructure  proposed. 

No  wood  pile  shall  be  used  of  less  dimensions  than  five  inches 
at  the  small  end  and  ten  inches  at  the  butt  for  short  piles,  or 
piles  twenty  feet  or  less  in  length,  and  twelve  inches  at  the  butt 
for  long  piles  or  piles  more  than  twenty  feet  in  length. 

No  wood  pile  shall  be  weighted  with  a  load  exceeding  forty 
thousand  pounds. 

When  a  wood  pile  is  not  driven  to  refusal,  its  safe  sustain- 
ing power  in  pounds  shall  be  determined  by  the  following 
formula : 

Twice  the  weight  of  the  hammer  in  pounds  multiplied  by  the 
height  of  the  fall  in  feet  divided  by  the  penetration  of  pile  under 
the  last  blow  in  inches  plus  one. 

The  Inspector  of  Buildings  shall  be  notified  of  the  time  when 
such  test  piles  of  wood  will  be  driven,  that  he  may  be  present 
either  in  person  or  by  representative. 

When  required  concrete  shall  be  rammed  down  in  the  inter- 
spaces between  the  heads  of  the  piles  to  a  depth  and  thickness  of 
not  less  than  twelve  inches,  and  for  one  foot  in  width  outside  of 
the  piles. 


70  BUILDING  CODE. 


§  35.     Concrete  Piles. 

Piles  may  be  made  of  concrete,  either  reinforced  or  plain. 

Plain  concrete  piles  must  be  molded  in  place  by  methods  which 
are  reasonably  certain  to  secure  perfect,  full-sized  piles;  rein- 
forced concrete  piles,  if  properly  designed  to  resist  the  shock  of 
driving,  and  if  driven  with  a  cushion  to  lessen  the  shock,  or  if 
put  down  by  a  water  jet,  may  be  molded,  allowed  to  harden,  and 
then  driven  or  jetted  into  place. 

In  case  concrete  piles  are  used,  whether  reinforced  or  other- 
wise, their  bearing  power  shall  be  determined  by  putting  in  one 
or  more  test  piles  and  loading  them  after  the  concrete  is  suffi- 
ciently hard. 

The  full  working  load  in  the  structure  shall  not  be  more  than 
one-third  of  the  load  under  which  the  pile  begins  to  settle. 

In  no  case,  however,  shall  the  load  on  a  concrete  pile  exceed 
fifty  thousand  pounds  per  square  foot  of  cross  section  of  concrete 
plus  6,000  pounds  per  square  inch  on  any  longitudinal  steel  rein- 
forcement. 

§36.     Foundation  Walls. 

Foundation  walls  shall  be  construed  to  include  all  walls  and 
piers  built  below  the  curb  level  or  nearest  tier  of  beams  to  the 
curb,  or  to  the  average  level  of  the  ground  adjoining  the  Avails, 
to  serve  as  supports  for  walls,  piers,  columns,  girders,  posts  or 
beams. 

Foundation  wall  shall  be  built  of  stone,  brick,  cement,  con- 
crete, iron  or  steel. 

If  built  of  rubble,  stone,  brick  or  concrete,  they  shall  be  at 
least  four  inches  thicker  than  the  wall  next  above  them  to  a 
depth  of  twelve  feet  below  curb  or  grade  level,  and  for  every 
additional  ten  feet  or  part  thereof  deeper,  they  shall  be  increased 
four  inches  in  thickness,  but  no  foundation  wall  of  rubble  stone 
shall  be  less  than  eighteen  inches  thick. 

Base  Course. — The  footings  or  base  course  shall  be  of  stone  or 
concrete  or  both,  or  of  concrete  and  stepped-up  brick  work,  or 
brick-work  of  sufficient  thickness  and  area  ^o  safely  bear  the 
weight  to  be  imposed  thereon.  If  the  footing  or  base  course  be 
of  concrete,  the  concrete  shall  not  be  less  than  eight  inches  thick. 

If  of  stone,  alternate  stones  shall  extend  through  the  wall  and 
be  at  least  six  inches  in  thickness.     If  stepped-up  footings  of 


BUILDING  CODE.  71 


brick  are  used,  the  ofF-sets,  if  laid  in  single  courses,  shall  each 
not  exceed  one  and  one-half  inches,  or  if  laid  in  double  courses, 
then  each  shall  not  exceed  three  inches  off  settings  the  first  course 
of  brickwork  back  one-half  the  thickness  of  the  concrete  base  so 
as  to  properly  distribute  the  load  to  be  imposed  thereon. 

Headers  in  Stone  Walls. — All  stone  walls  twenty-four  inches 
or  less  in  thickness  shall  have  at  least  one  header  extending 
through  the  wall  in  every  five  feet  in  each  course,  and  if  over 
twenty-four  inches  in  thickness,  shall  have  one  header  for  every 
six  superficial  feet  on  both  sides  of  the  wall  laid  on  top  of  each 
other  to  bond  together  and  running  into  the  wall  at  least  two 
feet. 

All  headers  shall  be  at  least  twelve  inches  in  width  and  be 
well  shaped  flat  stones. 

No  stone  in  a  rubble  wall  shall  have  a  bed  less  than  the  rise 
and  in  no  case  shall  the  bed  be  less  than  six  inches. 
All  foundation  walls  shall  be  laid  in  cement  mortar. 

§  37.  Grillage  in  Foundations. 
Grillage  beams  of  wrought  iron  or  steel  resting  on  a  proper 
concrete  bed  may  be  used.  Such  beams  shall  be  provided  with 
separators  and  bolts  inclosed  and  filled  solid  between  with  con- 
crete and  of  such  sizes  and  so  arranged  as  to  transmit  with  safety 
the  superimposed  loads. 


PAIRT  VII. 
WALLS,  PIERS  AND  PARTITIONS. 

§  38.     Material  of  Walls. 

The  walls  of  all  buildings  other  than  frame  or  wood  buildings 
shall  be  constructed  of  stone,  brick,  cement,  concrete,  iron  or 
steel  or  other  hard  incombustible  material,  and  the  several  com- 
ponent parts  of  such  buildings  shall  be  as  herein  provided.  All 
buildings  shall  be  inclosed  in  all  sides. 

Piers  or  Buttresses. — In  all  walls  of  thickness  specified  in  this 
Code  the  same  amount  of  material  may  be  used  in  piers  or  but- 
tresses. 

Bearing  Walls  Defined. — Bearing  walls  shall  be  taken  to  mean 
those  walls  on  which  beams,  girders  or  trusses  rest. 


72  BUILDING  CODE. 


Bearing  Walls  With  Openings. — If  any  horizontal  section 
through  any  part  of  any  bearing  wall  in  any  building  shows 
more  than  thirty  per  cent  of  flues  and  openings,  the  said  wall 
shall  be  increased  four  inches  in  thickness  for  every  fifteen  per 
centum  or  fraction  thereof  of  flue  or  opening  area  in  excess  of 
thirty  per  centum. 

Brick  and  Masonry  Work. — The  walls  and  piers  of  all  build- 
ings shall  be  properly  and  solidly  bonded  together  with  close 
joints  filled  with  mortar.  They  shall  be  built  to  a  line  and  be 
carried  up  plumb  and  straight.  The  walls  of  each  story  shall 
be  built  up  the  full  thickness  to  the  top  of  the  beams  above. 

All  brick  laid  in  non-freezing  weather  shall  be  well  wet  before 
being  laid. 

Isolated  piers  shall  not  exceed  in  height  ten  times  their  least 
dimensions. 

Stone  Posts  Under  Interior  Columns. — Stone  posts  for  the 
support  of  posts  or  columns  above  shall  not  be  used  in  the  in- 
terior of  the  building. 

Piers  and  Walls  of  Coursed  Stone. — Where  walls  or  outside 
piers  are  built  of  coursed  stones  with  dressed  level  beds  and 
vertical  joints,  such  walls  or  piers  may  be  built  of  a  less  thick- 
ness than  specified  for  brickwork,  but  in  no  case  shall  said  walls 
or  piers  be  less  than  three-quarters  of  the  thickness  provided  for 
brickwork. 

Heading  Courses  in  Brick  Walls. — In  all  brick  walls  every 
sixth  course  shall  be  a  heading  course,  except  where  walls  are 
faced  with  brick  in  running  bond,  in  which  latter  case  every 
sixth  course  shall  be  bonded  into  the  backing  by  cutting  the 
course  of  the  face  brick  and  putting  in  diagonal  headers  behind 
the  same,  or  by  splitting  the  face  brick  in  half  and  backing  the 
same  with  a  continuous  row  of  headers. 

Where  face  brick  is  used  of  a  different  thickness  from  the 
brick  used  for  the  backing,  the  courses  of  the  exterior  and  in- 
terior brickwork  shall  be  brought  to  a  level  bed  at  intervals  of 
not  more  than  ten  courses  in  height  of  the  face  brick,  and  the 
face  brick  shall  be  properly  tied  to  the  backing  by  a  heading 
course  of  the  face  brick. 

All  bearing  walls  faced  with  brick  laid  in  running  bond  shall 
be  four  inches  thicker  than  the  walls  are  required  to  be  under 
any  section  of  this  Code. 


BUILDING  CODE.  73 


If  brick  walls  are  laid  in  Flemish  bond,  all  headers  must  be 
full  headers,  if  possible.  Where  this  is  not  possible,  the  headers 
of  every  sixth  course  must  be  full  headers,  and  in  this  case  the 
thickness  of  the  wall  must  be  four  inches  greater  than  it  would 
otherwise  be  under  the  requirements  of  this  law. 

§  39.     Ashlar. 

Stone  ashlar  facing  shall  in  no  case  be  less  in  thickness  than 
four  inches.  Stone  ashlar  facing  shall  not  be  counted  in  the 
thickness  of  a  wall  unless  it  meets  with  the  following  require- 
ments : 

1st.  It  shall  be  in  courses  not  more  than  fifteen  inches  in 
height. 

2nd.  The  courses  must  be  adjusted  so  that  the  top  of  the 
ashlar  course  shall  not  come  out  flush  with  the  top  of  the  corre- 
sponding course  of  brick  backing. 

3rd.  The  ashlar  facing  must  be  bonded  to  backing  by  alter- 
nate courses  differing  in  depth  four  or  eight  inches. 

4th.  Each  piece  of  stone  ashlar  shall  be  bonded  to  the  brick 
backing  with  at  least  one  piece  of  galvanized  iron  one-eighth 
inch  thick  by  one  and  one-quarter  inches  broad  and  turned  up 
or  down  at  least  one  inch  at  each  end,  bearing  two  and  one-half 
inches  on  stone  ashlar  and  reaching  at  least  nine  inches  into 
the  brick  backing.  Pieces  of  stone  ashlar  more  than  two  feet 
in  length  shall  have  at  least  two  anchors.  Stone  ashlar  facing 
without  bonding  courses,  as  provided  in  paragraph  3,  shall  have 
anchors  binding  it  to  backings,  as  provided  in  this  paragraph, 
but  shall  not  be  counted  in  the  thickness  of  the  wall. 

Mortar  for  Walls  and  Ashlar. — ^All  foundation  walls,  isolated 
piers,  parapet  walls  and  chimneys  above  roofs  shall  be  laid  in 
cement  mortar. 

The  backing  up  of  all  stone  ashlar  shall  be  laid  with  cement 
mortar,  but  the  back  of  the  ashlar  may  be  pargetted  with  lime 
mortar  or  stainless  cement  or  coated  with  asphaltum  varnish  to 
prevent  discoloration  of  the  stone. 

All  other  walls  built  of  brick  or  stone,  except  foundation  walls, 
may  be  laid  with  lime  mortar,  cement  mortar  or  lime  and  cement 
mortar  mixed,  all  made  as  prescribed  in  section  22. 


74  BUILDING  CODE. 


§  40.     Height  of  Buildings. 

The  height  of  a  building  shall  be  measured  from  the  curb  or 
the  grade  level  of  the  lot  at  the  center  of  the  front  of  the  build- 
ing to  the  top  of  the  highest  point  of  the  roof  beams,  not  includ- 
ing in  such  measurement  of  height  cornices  which  do  not  ex- 
tend more  than  five  feet  above  the  roof  beams,  nor  inclosures 
for  the  machinery  of  elevators  which  do  not  exceed  twenty  feet 
in  height  above  the  roof  beams  and  do  not  exceed  in  united  area 
ten  per  centum  of  the  area  of  the  roof. 

If  the  grade  of  the  lot  or  adjoining  street  in  the  rear  or  along 
the  side  of  the  building  falls  below  the  grade  of  the  front,  the 
height  shall  be  taken  in  the  center  of  the  side  showing  the  great- 
est fall. 

No  non-fireproof  building  or  structure  outside  of  fire  limits 
shall  exceed  seventy  feet  in  height,  but  this  shall  not  apply  to 
spires  of  churches  or  similar  buildings  outside  of  the  fire  limits 
which  may  be  constructed  of  wood  to  a  height  of  125  feet  above 
the  curb  level. 

Height  of  Cellars,  Basements  and  Stories. — The  height  of  all 
cellars,  basements  and  stories  shall  mean  the  perpendicular  dis- 
tance from  the  top  of  the  finished  floor  to  the  underside  of  the 
finished  ceiling  above. 

Cellars. 

A  cellar  shall  be  taken  to  mean  the  lowest  portion  of  a  build- 
ing, the  floor  of  which  is  below  the  grade  level  at  the  center- 
of  the  front  of  the  building  more  than  three-fourths  of  the 
height  of  said  portion. 

The  height  of  a  cellar  shall  not  be  less  than  seven  feet,  if 
it  is  used  for  purposes  other  than  conduits  for  pipes. 

Basements. — A  basement  shall  be  taken  to  mean  that  portion 
of  a  building  the  floor  of  which  is  below  the  curb  or  grade  level 
at  the  center  of  the  front  of  the  building  more  than  thirty  inches 
and  not  more  than  three-fourths  of  the  height  of  said  portion 
measured  from  floor  to  ceiling. 

The  height  of  a  basement  shall  not  exceed  twelve  feet.  If 
more  than  that  height,  or  if  at  any  place  on  any  wall  facing  a 
street  or  public  way,  its  floor  level  with  or  higher  than  the  curb 
or  grade  level,  it  shall  be  counted  as  the  first  story  of  the 
building. 


BUILDING  CODE.  75 


§  41.     Meaning  of  Stories. 

The  first  story  shall  be  taken  to  mean  the  story  the  floor  of 
which  is  first  above  the  basement  or  cellar. 

Height  of  Stories. — The  height  of  stories  for  all  given  thick- 
ness of  walls  shall  not  exceed — 

First  story 16  feet  in  the  clear 

Second  story    14  feet  in  the  clear 

Third  story    12  feet  in  the  clear 

Fourth  and  upper  stories 11  feet  in  the  clear 

If  any  story  exceeds  the  foregoing  heights,  the  walls  of  any 
such  story  and  all  walls  below  that  story  shall  be  increased  four 
inches  in  thickness. 

§  42.     Walls  for  Dwelling  House  Class. 

The  expression  "Walls  for  Dwelling  House  Class"  shall  be 
taken  to  mean  and  include  walls  for  the  following  buildings : 

Apartment  Houses  Hotels 

Apartment  Hotels  Laboratories 

Asylums  Lodging  Houses 

Club  Houses  Parish  Buildings 

Convents  Schools 

Dormitories  Studios 

Dwellings  Tenements 
Hospitals 

For  buildings  in  the  dwelling  house  class,  the  minimum  thick- 
ness of  all  independent  surrounding  and  dividing  walls  in  the 
same  carrying  the  loads  of  floors  and  roofs  shall  be  made  in 
accordance  with  the  following  table,  in  which  the  length  of  wall 
is  limited  to  fifty  feet: 

Dwelling  House   Class  Brick  Walls. 
Minimum  thickness  in  inches, 
Basement 
Length — 50   feet  or  Stories 

Height  Cellar 

Stone.    Brick.     12345678 

One    Story 18       13  13 

Two    Stories 18       13  13       13 

Three    Stories 21       17  13       13       13 

Four    Stories 24       21  17       13       13       13 

Five   Stories 24       21  17       17       13       13       13 

Six    Stories 28       21  21       17       17       17       13       13 

Seven    Stories 30       26  21       21       17       17       17       13       13 

Eight    Stories    30       26  26       21       21       17       17       17       13       13 


76 


BUILDING  CODE. 


If  walls  are  unlimited  in  length,  the  top  two  stories  shall  be 
thirteen  inches  thick  and  increase  four  inches  in  thickness  every 
two  stories  downward  to  foundation. 


§  43.     Walls  for  Warehouse  Class. 

The  expression,  "Walls  for  Warehouse  Class,"  shall  be  taken 
to  mean  and  include  walls  for  the  following  buildings: 


Armories 

Barns 

Breweries 

Carriage  Houses 

Churches 

Cooper  Shops 

Court  Houses 

Factories 

Foundries 

Garages 

Jails 

Libraries 

Light  and  Power  Houses 

Machine  Shops 

Markets 

Mills 


Museums 

Observatories 

Office  Buildings 

Police  Stations 

Printing  Houses 

Public  Assembly  Buildings 

Pumping  Stations 

Railroad  Buildings 

Refrigerating  Houses 

Stables 

Stores 

Sugar  Refineries 

Theaters 

Warehouses 

Wheelwright  Shops 


For  buildings  in  the  warehouse  class  twenty-five  feet  or  less 
in  width  between  walls  or  bearings,  the  minimum  thickness  of 
all  independent  surroundings  or  dividing  walls  in  the  same  carry- 
ing the  loads  of  floors  and  roofs  shall  be  made  in  accordance  with 
the  following  table,  in  which  the  length  of  wall  is  limited  to  60 
feet: 


Basement 
Length — 60  feet.  or 

Height  Cellar 

Stone.    Brick. 

One   Story 18       17 

Two    Stories 20       17 

Three    Stories 22       17 

Pour    Stories 24       21 

Five    Stories 28       21 

Six    Stories 30       26 

Seven    Stories 34       26 

Bight    Stories 36       30 


Brick   Buildings — Warehouse   Class. 
Minimum  thickness  in  inches, 

Stories 


1 

2 

3 

4 

5 

6 

( 

13 

13 

13 

17 

13 

13 

17 

17 

13 

13 

21 

17 

17 

13 

13 

21 

21 

17 

17 

13 

13 

26 

21 

21 

17 

17 

13 

13 

26 

26 

21 

21 

17 

17 

13 

13. 


BUILDING  CODE.  77 


§  44.     Unlimited  Walls. 

If  walls  are  unlimited  in  length  the  top  story  shall  be  thirteen 
inches  in  thickness  and  walls  increased  four  inches  in  thickness 
every  two  stories  downward  to  foundation.  Unlimited  walls  in 
either  the  dwelling  house  class  or  the  warehouse  class  may  be 
built  the  same  as  the  fifty-foot  or  sixty-foot  limited  walls  when 
there  is  an  offset  of  not  less  than  three  feet  or  an  intersecting 
wall  at  the  fifty-foot  or  sixty-foot  limit. 

When  walls  are  used  as  party  walls  in  non-fireproof  buildings 
the  thirteen-inch  sections  of  the  wall  shall  have  corbelled  ledges 
to  carry  the  ends  of  the  beams  or  be  increased  in  thickness  to 
not  less  than  seventeen  inches,  and  the  beams  entering  the  walls 
shall  be  staggered. 

When  used  for  bearing  party  walls  in  fireproof  buildings  no 
portion  of  the  walls  shall  be  less  than  seventeen  inches  in  thick- 
ness. 

If  there  is  to  be  a  clear  span  of  over  twenty-five  feet  between 
the  bearing  walls  in  any  building,  such  walls  shall  be  four  inches 
thicker  than  in  this  section  specified  for  every  twelve  and  a  half 
feet  or  fraction  thereof  that  said  walls  are  more  than  twenty- 
five  feet  apart,  or  shall  have  instead  of  the  increased  thickness 
such  piers  or  buttresses  as  are  necessary  to  give  strength  equal 
to  walls  of  such  increased  thickness. 

§  45.     Walls  for  Public  Buildings. 

The  walls  of  buildings  of  a  public  character  shall  be  not  less 
than  in  this  Code  specified  for  warehouses  with  such  piers  or 
such  buttresses,  or  supplement  column  of  iron  steel  properly 
insulated  as  provided  in  sections  144,  145  and  146  as  may  be 
necessary  to  make  a  safe  and  substantial  building. 

§  46.     Walls  Increased  or  Reduced  in  Thickness. 

All  buildings,  not  excepting  dwellings  that  are  over  one  hun- 
dred and  five  feet  in  depth  without  a  crosswall  or  proper  piers 
or  buttresses,  shall  have  the  side  or  bearing  walls  increased  in 
thickness  four  inches  more  than  is  specified  in  the  respective 
sections  of  this  Code  for  the  thickness  of  walls  for  every  one 
hundred  and  five  feet  or  part  thereof  that  the  said  buildings  are 
over  one  hundred  and  five  feet  in  depth. 

Reduced  Thickness  of  Interior  Walls. — In  case  the  walls  of 


78  BUILDING  CODE. 


any  building-  are  less  than  twenty-five  feet  apart  and  less  than 
forty  feet  in  depth,  or  there  are  cross  walls  which  intersect  th? 
walls  not  more  than  forty  feet  distant,  or  piers  or  buttresses 
built  into  the  walls,  the  interior  walls  may  be  reduced  in  thick- 
ness in  just  proportion  to  the  number  of  crosswalls,  piers  or  but- 
tresses and  their  nearness  to  each  other,  provided,  however,  that 
this  clause  shall  not  apply  to  walls  below  fifty-five  feet  in  height, 
and  that  no  such  wall  shall  be  less  than  twelve  inches  thick  at 
the  top  and  gradually  increased  in  thickness  by  set-offs  to  the 
bottom. 

§  47.     Inclosure  Walls  for  Skeleton  Structures. 

Walls  of  brick  built  in  between  iron  or  steel  columns  and  sup- 
ported wholly  or  in  part  on  iron  and  steel  girders,  shall  not  be 
less  than  thirteen  (13)  inches  thick  for  sixty-five  feet  of  the 
uppermost  height  thereof,  or  to  the  nearest  tier  of  beams  to  that 
measurement  in  any  building  so  constructed. 

And  the  lower  section  of  sixty  feet,  or  to  the  nearest  tier  of 
beams  to  such  vertical  measurement  or  part  thereof,  shall  have 
a  thickness  of  four  inches  more  than  is  required  for  the  section 
next  above  it  down  to  the  tier  of  beams  nearest  to  the  curb  level : 

And  thence  downward,  the  thickness  of  walls  shall  increase 
in  the  ratio  prescribed  in  section  36  of  this  Code. 

Reduced  Thickness  for  Adjoining  Walls. — When  two  inde- 
pendent buildings  of  skeleton  type  of  construction  and  of  the 
same  height  adjoin  each  other,  the  thickness  of  the  said  inde- 
pendent walls  above  the  foundation  for  such  sections  where  they 
adjoin  may  be  not  less  than  nine  inches. 

§  48.     Existing  Party  Walls. 

Walls  heretofore  built  for  or  used  as  party  walls,  whose  thick- 
ness at  the  time  of  their  erection  was  in  accordance  with  the 
requirements  of  the  then  existing  laws,  but  which  are  not  in 
accordance  with  the  requirements  of  this  Code,  may  be  used,  if 
in  good  condition  for  the  ordinary  use  of  party  walls,  provided 
the  height  of  the  same  be  not  increased. 

Lining  Existing  Walls. — In  case  it  is  desired  to  increase  the 
thickness  of  any  existing  wall  in  order  to  increase  the  height 
of  a  building,  or  to  utilize  a  party  wall  in  the  construction  of  a 
new  building,  and  where  the  thickness  of  the  wall  is  less  than 
is  required  by  the  Code,  but  is  otherwise  a  good  wall,  the  same 


BUILDING  CODE.  79 


shall  be  done  by  a  lining  of  brickwork  to  form  a  combined  thick- 
ness with  the  old  wall  of  not  less  than  four  inches  more  than  the 
thickness  required  in  the  Code  for  a  new  wall  of  similar  height. 

The  said  lining  shall  be  supported  on  proper  foundations. 

No  linings  shall  be  less  than  nine  inches  in  thickness  and  all 
lining  shall  be  laid  up  in  cement  mortar  and  thoroughly  anchored 
to  the  old  brick  by  cutting  out  the  course  of  brick  under  headers  of 
old  wall  in  slats  of  seventeen  inches  in  length,  leaving  space  of 
eight  inches  intact  between  slats  and  cleaning  out  all  old  mortar 
in  portions  cut  out,  then  welting  old  wall  and  inserting  new  head- 
ers joining  old  and  new  walls  with  joints  filled  with  cement 
mortar.  The  old  walls  shall  first  be  cleaned  of  plaster  of  other 
coating  and  joints  in  old  wall  hacked  or  roughened  and  space 
between  old  and  new  walls  grouted  each  course  with  thin  cement 
mortar. 

§  49.     Walls  to  be  Braced. 

The  walls  and  beams  of  every  building  during  the  erection  or 
alteration  thereof  shall  be  strongly  braced  from  the  beam  of 
each  story,  and  when  required  shall  also  be  braced  from  the  out- 
side until  the  building  is  inclosed. 

§  50.     Arches  and  Lintels. 

Openings  for  doors  and  windows  on  enclosing  walls  of  all 
buildings  shall  have  good  and  sufficient  arches  of  stone,  brick  or 
terra  cotta  built  and  keyed  with  good  and  sufficient  abutments 
or  lintels  of  stone,  iron  or  steel  or  reinforced  concrete  of  suffi- 
cient strength  which  shall  have  a  bearing  at  each  end  of  not  less 
than  five  inches  on  the  wall. 

Inside  Lintels. — On  the  inside  of  all  openings  in  which  lintels 
are  less  than  the  thickness  of  the  wall  to  be  supported,  there 
shall  be  timber  lintels  which  shall  rest  at  each  end  not  more  than 
three  inches  on  any  wall ;  or  the  inside  lintel  may  be  of  cast  iron 
or  wrought  iron  or  steel. 

§  51.  Parapet  Walls. 
All  exterior  and  division  or  party  walls  over  fifteen  feet  high, 
excepting  where  such  walls  are  to  be  finished  with  cornices, 
gutters  or  crown  mouldings  shall  have  parapet  walls  not  less 
than  thirteen  inches  in  thickness  and  carried  two  feet  above*  the 
roof. 


80  BUILDING  CODE.  . 


But  for  warehouses,  factories,  stores  and  other  buildings  used 
for  commercial  or  manufacturing  purposes  the  parapet  walls 
shall  be  not  less  than  twelve  inches  in  thickness  and  carried  three 
feet  above  the  roof. 

And  all  such  walls  shall  be  coped  with  stone  or  terra  cotta. 

§  52.     Hollow  Walls. 

In  all  walls  that  are  built  hollow  the  same  quantity  of  stone, 
brick  or  concrete  shall  be  used  in  their  construction  as  if  they 
were  built  solid,  as  in  this  Code  provided. 

And  no  hollow  wall  shall  be  built  unless  the  parts  of  same  are 
connected  by  proper  ties. 

The  inside  four  inches  of  any  wall  may  be  built  of  hard-burned 
hollow  brick  properly  tied  and  bonded  by  means  of  full  header 
courses  every  sixth  course  into  the  walls  and  of  the  dimension 
of  the  ordinary  bricks. 

Where  hollow  tile  or  porous  terra  cotta  blocks  are  used  as 
lining  or  furring  for  walls,  they  shall  not  be  included  in  the 
measurement  of  the  thickness  of  such  walls. 

§  53.     Recesses  and  Chases  in  Walls. 

Recesses  for  stairways  or  elevators  may  be  left  in  the  foun- 
dation or  cellar  walls  of  all  buildings,  but  in  no  case  shall  the 
walls  be  of  less  thickness  than  the  walls  of  the  fourth  story, 
unless  reinforced  by  additional  masonry  piers  or  with  iron  or 
steel  girders  or  iron  or  steel  columns  and  girders,  properly  insu- 
lated and  securely  anchored  to  walls  on  each  side. 

§  54.     Recesses  for  Alcoves. 

Recesses  for  alcoves  and  similar  purposes  shall  have  not  less 
than  nine  inches  of  brickwork  at  the  back  of  such  recesses,  and 
such  recesses  shall  be  not  more  than  eight  feet  in  width  and  shall 
be  arched  or  spanned  with  iron  or  steel  lintels,  and  not  carried 
up  higher  than  eighteen  inches  below  the  bottom  of  the  beams  of 
the  floor  next  above. 

Chases  for  Pipes. — No  chase  for  water  or  other  pipes  shall  be 
made  in  any  pier  and  in  no  wall  more  than  one-third  of  its  thick- 
ness. 

The  chases  around  said  pipe  or  pipes  shall  be  filled  up  with 
solid  masonry  for  the  space  of  one  foot  at  the  top  and  bottom 
of  each  story. 


BUILDING  CODE.  81 


Aggregate  Area  for  Recesses  and  Chases. — The  aggregate 
area  of  recesses  and  chases  in  any  wall  shall  not  exceed  one- 
fourth  of  the  whole  area  of  the  face  of  the  wall  on  any  story, 
nor  shall  any  such  recess  be  made  within  a  distance  of  six  feet 
from  any  other  recess  in  the  same  wall. 

§  55.     Light  and  Vent  Shafts. 

All  the  walls  or  partitions  forming  interior  light  or  vent  shafts 
starting  from  the  ground  shall  be  built  of  brick  or  other  clay 
products,  or  stone,  masonry  or  concrete. 

Walls  enclosing  such  shafts  and  beginning  at  any  floor  above 
the  first  floor  may  be  of  studding  covered  in  the  inside  with 
plaster  on  metal  laths  and  covered  on  the  outside  with  cement, 
plaster  or  metal  laths  or  with  tin  or  galvanized  iron.  All  window 
or  door  openings  shall  have  metal  frames  and  sash  with  wire 
glass  or  fireproof  doors.  The  walls  of  all  light  or  vent  shafts, 
whether  exterior  or  interior,  shall  be  carried  up  not  less  than 
eighteen  inches  above  the  level  of  the  roof.  If  the  walls  are  of 
brick,  they  shall  be  coped  as  other  parapet  walls. 

When  metal  Louvres  are  used  for  ventilating  purposes,  the 
Louvves  or  slats  shall  be  riveted  to  the  metal  frame. 

§  56.     Brick  and  Hollow  Tile  Partitions. 

Eight-inch  brick,  six-inch  hollow  tile,  four-inch  brick  or  four- 
inch  hollow  tile  partitions  of  hard-burnt  clay  or  porous  terra 
cotta  laid  up  with  cement  mortar  may  be  built  not  exceeding  in 
their  vertical  portions  a  measurement  of  fifty  feet  for  the  eight- 
inch,  thirty-six  feet  for  the  six-inch  and  twenty-four  feet  for  the 
four-inch,  respectively,  and  in  their  horizontal  measurements  a 
length  not  exceeding  seventy-five  feet  unless  said  partition  walls 
are  strengthened  by  proper  crosswalls,  piers  or  buttresses,  or 
built  in  iron  or  steel  frame  work  when  the  latter  is  imbedded  in 
or  insulated  by  the  same  material  of  which  the  partition  is  con- 
structed and  shall  not  be  used  as  floor-bearing  walls. 

All  such  partitions  shall  be  carried  on  proper  foundations,  or 
on  iron  or  steel  girders,  or  on  iron  or  steel  girders  and  columns 
properly  insulated,  or  piers  of  masonry.  Reinforced  concrete 
may  be  used. 


82  BUILDING  CODE. 


§  57.     Cellar  Partitions  in  Residence  Buildings. 

Bearing  partitions  walls  in  the  cellar  or  lowest  story  in  resi- 
dence buildings  shall  be  constructed  of  brick  not  less  than  thir- 
teen inches  thick; 

Or  piers  of  brick  with  openings  arched  over  below  the  under 
side  of  the  first  tier  of  beams; 

Or  girders  of  iron  or  steel  on  piers  of  masonl"y,  or  on  iron 
columns  may  be  used. 

Or  if  iron  or  steel  floor  beams  spanning  the  distance  between 
bearing  walls  are  used  of  adequate  strength  to  support  the  stud 
partitions  above  in  addition  to  the  floor  load  to  be  sustained 
direct  by  the  said  iron  or  steel  beams,  then  the  brick  partition 
or  its  equivalent  may  be  omitted. 

Stud  partitions  which  may  be  placed  in  the  cellar  or  lowest 
story  of  any  building  shall  have  good,  solid  stone,  brick  or  cement 
concrete  foundation  walls  under  the  same,  which  shall  be  built 
up  to  the  top  of  the  floor  beams  or  sleepers. 

§  58.     Vaults,  Area  Ways  and  Cellars. 

In  buildings  where  the  space  under  the  sidewalks  is  utilized, 
a  sufficient  stone  or  brick  or  concrete  wall  or  arches  between 
iron  or  steel  beams  shall  be  built  to  retain  the  roadway  of  the 
streets,  and  the  side,  end  or  party  walls  of  such  building  shall 
extend  under  the  sidewalk  of  sufficient  thickness  to  such  wall. 

The  roofs  of  all  vaults  shall  be  of  incombustible  material. 

Openings  in  the  roofs  of  vaults  for  the  admission  of  coal  or 
light  or  for  manholes  or  for  any  purpose,  if  placed  outside  the 
area  lines,  shall  be  covered  with  glass  set  in  iron  frames,  each 
unit  of  glass  to  measure  not  more  than  sixteen  square  inches, 
or  with  iron  covers,  having  a  rough  surface  and  rabetted  into 
or  made  flush  with  the  sidewalk. 

When  any  such  cover  is  placed  in  any  sidewalk,  it  shall  be 
placed  as  near  as  practicable  to  the  outside  line  of  the  curb. 

All  open  area  ways  shall  be  properly  protected  with  suitable 
railings. 

The  floor  of  the  cellar  or  lowest  story  in  every  dwelling  house, 
apartment  house,  tenement  house,  lodging  house,  hotel,  apart- 
ment hotel,  workshop,  factory,  school,  church,  hospital  and 
asylum  shall  be  concreted  not  less  than  four  inches  thick. 


BUILDING  CODE.  83 


Where  wood  floors  are  to  be  laid  in  such  cellars  or  lowest  stories 
the  sleepers  shall  be  placed  on  top  of  the  concrete. 

§  59.     Walls  for  Cottages. 

Cottages,  private  stables  or  other  small  structures  where  the 
bearing  walls  are  not  more  than  twelve  (12)  feet  in  height  above 
the  top  of  the  cellar  or  foundation  wall,  may  be  made  only  nine 
(9)   inches  thick. 

Such  walls  must  be  laid  in  Portland  cement  mortar. 


PART  VIII. 

CHIMNEYS,  FLUES,  FIREPLACES  AND   HEATING 

PIPES. 

§  60.     Chimneys. 

Chimneys  in  all  buildings  shall  be  made  of  brick,  stone,  con- 
crete or  metal.  If  built  of  stone  or  concrete  of  any  thickness  of 
walls,  they  shall  have  proper  flue  lining. 

No  chimneys  shall  be  started  or  built  upon  any  floor  or  beam 
of  wood. 

In  no  case  shall  a  chimney  be  corbelled  out  more  than  eight 
inches  from  the  wall,  and  in  such  cases  the  corbelling  shall  con- 
sist of  at  least  five  courses  of  brick. 

When  chimneys  are  supported  by  piers,  the  piers  shall  start 
from  the  foundation  on  the  same  line  with  the  chimney  breast 
and  shall  be  not  less  than  twelve  inches  on  the  face,  properly 
bonded  into  the  wall. 

W^hen  a  chimney  is  to  be  cut  off  below  in  whole  or  in  part, 
it  shall  be  wholly  supported  by  stone,  brick,  concrete,  iron  or 
steel. 

All  chimneys  which  shall  be  dangerous  in  any  manner  what- 
ever shall  be  repaired  and  made  safe  or  taken  down. 

Chimneys  shall  be  finished  on  top  with  single  blocks  of  stone, 
terra  cotta  or  concrete,  or  with  cast  iron  plates,  except,  however, 
that  the  tops  of  chimneys  in  buildings  not  more  than  three 
stories  in  height  may  be  topped  out  with  brick  laid  in  Portland 
cement  mortar  in  lieu  of  coping. 

Chimneys  projecting  through  roofs  more  than  six  feet  shall, 
if  the  walls  of  the  chimney  are  less  than  nine  inches  thick,  be 


84  BUILDING  CODE. 


anchored  to  the  roof  timbers  by  suitable  iron  bands  and  tie  rods. 
If  any  chimney,  flue  or  stack  is  Hable  to  emit  sparks,  or  if 
shavings  or  sawdust  are  used  as  fuel,  it  shall  be  covered  over  on 
top  with  heavy  iron  netting. 

§  61.     Chimneys  of  Cupolas. 

Chimneys  or  stacks  connected  to  iron  cupolas  in  foundries, 
and  other  chimneys  of  which  a  similar  service  is  required,  shall 
extend  not  less  than  ten  feet  above  the  highest  point  of  any  roof 
within  a  radius  of  100  feet.  This  applies  to  all  chimneys,  flues 
or  stacks  already  built  or  to  be  built. 

§  62.     Chimney  Walls. 

The  thickness  of  all  chimney  walls  shall  be  sufficient  to  meet 
all  requirements  of  temperature,  direct  loading  and  wind  pres- 
sure. 

The  brickwork  of  the  smoke  flues  of  all  low  pressure  boilers, 
furnaces,  bakers'  ovens,  large  cooking  ranges,  large  laundry 
stoves  and  all  flues  used  for  a  similar  purpose  shall  be  at  least 
eight  inches  in  thickness  and  lined  continuously  on  the  inside 
with  well-burnt  clay  or  terra  cotta  pipe,  and  shall  be  capped  with 
terra  cotta,  stone  or  cast  iron. 

The  walls  of  all  high  pressure  boiler  flues  shall  be  not  less  than 
twelve  inches  and  the  inside  four  inches  of  such  walls  shall  be 
fire  brick  laid  in  fire  mortar  for  a  distance  of  twenty-five  feet  in 
any  direction  from  the  source  of  heat. 

All  smoke  flues  of  smelting  furnaces  or  of  steam  boilers  or 
other  apparatus  which  heat  the  flues  to  a  high  temperature,  shall 
be  built  with  double  walls  of  suitable  thickness  for  the  tempera- 
ture with  an  air  space  between  the  walls,  the  inside  four  inches 
of  the  flues  to  be  flre  brick  laid  in  fire  mortar  for  a  distance  of 
not  less  than  twenty-five  feet  in  any  direction  from  the  source 
of  heat. 

For  any  now  existing  brick  building  where  it  becomes  neces- 
sary to  provide  a  smoke  flue  of  larger  size  than  any  flue  within 
the  building,  such  flue  may  be  placed  on  the  outside  of  the  build- 
ing, but  within  the  lot  lines  of  same,  and  be  made  round  in  shape 
and  of  galvanized  sheet  metal  not  less  than  one-tenth  of  an  inch 
in  thickness,  properly  riveted  together  at  all  joints,  and  carried 
up  to  a  height  not  less  than  ten  feet  above  the  roof,  and  be  prop- 


BUILDING  CODE.  85 


erly  braced  at  intervals  for  its  entire  length  with  flat  iron  bands 
secured  with  expansion  bolts  to  the  wall,  leaving  a  free  air  space 
of  not  less  than  four  inches  between  the  outside  of  the  metal  flue 
and  the  brick  wall  of  the  building  and  have  a  clean-out  door  at 
the  bottom.  This  metal  flue  shall  rest  on  a  suitable  cast  iron 
plate  at  the  bottom,  supported  on  a  suitable  foundation  of 
masonry. 

§  63.     Chimney  Flues. 

Chimneys  shall  be  constructed  not  less  than  four  feet  above 
flat  roofs  and  not  less  than  two  feet  above  the  peak  of  a  pitched 
roof. 

On  dwelling  houses  and  stables  three  stories  or  less  in  height, 
not  less  than  six  of  the  top  courses  of  a  chimney  may  be  laid  in 
pure  cement  mortar  and  the  brickwork  carefully  bonded  and 
anchored  together  in  lieu  of  coping. 

No  smoke  flue  shall  be  less  than  seven  by  seven  inches,  nor  any 
furnace  flue  less  than  seven  by  eleven  inches,  exclusive  of  thick- 
ness of  lining  in  each  case. 

Every  smoke  flue  shall  be  lined  continuously  on  the  inside  with 
well-burnt  clay  or  terra  cotta  pipe  made  smooth  on  the  inside 
from  the  bottom  of  the  flue,  or  from  the  throat  of  the  fireplace 
if  the  flue  starts  from  the  latter,  and  carried  continuously  to  ex- 
treme height  of  the  flue.  The  ends  of  all  such  lining  pipes  shall 
be  made  to  fit  close  together  and  the  pipe  shall  be  built  in  as  the 
flue  or  flues  are  carried  up  and  space  between  flue  lining  and 
wall  made  solid  with  cement  mortar.  Each  flue  shall  be  inclosed 
on  all  sides  with  not  less  than  eight  inches  of  solid  brickwork, 
properly  bonded  together,  except  that  the  withes  or  brickwork 
between  lined  flues  on  the  inside  of  the  chimney  may  be  four 
inches  in  thickness,  and  except  further,  that  chimneys  for  cot- 
tages and  top  twenty-five  feet  of  chimneys  in  other  residence 
buildings  may  have  outside  walls  of  four  inches  in  thickness  if 
properly  lined,  but  if  not  lined,  such  chimney  walls  must  be  eight 
inches  thick  and  the  joints  both  inside  and  out  must  be  struck 
smooth. 

Pargeting  mortar  shall  not  be  used  in  the  inside  of  any 
chimney. 

§  64.     Fireplaces  and  Hearths. 

The  firebacks  of  all  fireplaces  shall  be  not  less  than  eight  inches 
in  thickness  of  solid  brickwork.     When  a  grate  is  set  in  a  fire- 


86  BUILDING  CODE. 


place  a  lining  of  fire  brick  at  least  two  inches  in  thickness  shall 
be  added  to  the  fireback,  unless  tile  or  cast  iron  is  used  and  filled 
solidly  behind  with  fireproof  material. 

§  65.     Trimmer  Arches. 

All  fireplaces  and  chimney  breasts  where  mantels  are  placed, 
whether  intended  for  ordinary  fireplace  uses  or  not,  shall  have 
trimmer  arches  to  support  hearths. 

And  the  said  arches  shall  be  at  least  twenty  inches  in  width 
measured  from  the  face  of  the  chimney  breast,  and  they  shall  be 
constructed  of  brick,  stone,  burnt  clay  or  concrete. 

The  length  of  a  trimmer  arch  shall  be  not  less  than  the  width 
of  the  chimney  breast. 

Wood  centers  under  trimmer  arches  shall  be  removed  before 
plastering  the  ceiling  underneath. 

If  a  heater  is  placed  in  a  fireplace,  then  the  hearth  shall  be 
the  full  width  of  the  heater. 

All  fireplaces  in  which  heaters  are  placed  shall  have  incom- 
bustible mantels. 

No  wood  mantels  or  other  woodwork  shall  be  exposed  back 
of  a  summer  piece;  the  iron  work  of  the  summer  piece  shall  be 
placed  against  the  brick  or  stone  work  of  the  fireplace. 

No  fireplace  shall  be  closed  with  a  wood  fireboard. 

§  66.     Hot  Air  Flues,  Pipes  and  Vent  Ducts. 

All  stone  or  brick  hot  air  flues  and  shafts  shall  be  lined  with 
tin,  galvanized  iron  or  burnt  clay  pipes. 

No  wood  casing  furring  or  lath  shall  be  placed  against  or 
cover  any  smoke  flue  or  metal  pipe  used  to  convey  hot  air  or 
steam. 

No  smoke  pipe  shall  pass  through  any  floor. 

No  stove  pipe  shall  be  placed  nearer  than  nine  inches  to  any 
lath  and  plaster  or  board  partition,  ceiling  or  any  wood  work. 

Smoke  pipes  of  laundry  stoves,  large  cooking  ranges  and  of 
furnaces  shall  be  not  less  than  fifteen  inches  from  any  wood- 
work, unless  they  are  properly  guarded  by  metal  shields;  if  so 
guarded,  stove  pipes  shall  be  not  less  than  nine  inches  distant. 

Where  smoke  pipes  pass  through  a  lath  and  plaster  partition, 
they  shall  be  guarded  by  galvanized  iron  ventilated  thimbles  at 
least  twelve  inches  larger  in  diameter  than  the  pipes,  or  by  gal- 


BUILDING  CODE.  87 


vanized  iron  thimbles  built  in  at  least  eight  inches  of  brickwork. 

§  67.     Smoke  Pipes  Through  Roofs. 

No  smoke  pipe  shall  pass  through  the  roof  of  any  building 
unless  a  special  permit  be  first  obtained  from  the  Inspector  of 
Buildings  for  the  same.  If  a  permit  is  so  granted,  then  the  roof 
through  which  the  smoke  pipe  passes  shall  be  protected  in  the 
following  manner: 

A  galvanized  iron  ventilated  thimble  of  the  following  dimen- 
sions shall  be  placed: 

In  Case  of  a  Stove  Pipe. — The  diameter  of  the  outside  guard 
shall  not  be  less  than  twelve  inches  and  the  diameter  of  the  inner 
one  eight  inches  larger  than  the  smoke  pipe,  and  for  all  furnaces, 
or  where  similar  large  hot  fires  are  used,  the  diameter  of  the  out- 
side guard  shall  be  not  less  than  eighteen  inches  and  the  diameter 
of  the  inner  one  twelve  inches  larger  in  diameter  than  pipe.  The 
smoke  pipe  thimbles  shall  extend  from  the  under  side  of  the  ceil- 
ing or  roof  beams  to  at  least  nine  inches  above  the  roof,  and  they 
shall  have  openings  for  ventilation  at  the  lower  end  where  the 
smoke  pipes  enter,  also  at  the  top  of  the  guards  above  the  roof. 

In  Case  of  a  Boiler  Pipe. — Where  a  smoke  pipe  of  a  boiler 
passes  through  a  roof  the  same  shall  be  guarded  by  a  ventilated 
thimble,  same  as  before  specified,  thirty-six  inches  larger  than 
the  diameter  of  the  smoke  pipe  of  the  boiler. 

§  68.     Hot  Air  Pipes. 

All  pipes  or  conductors  to  be  used  for  the  transmission  of  air, 
for  heating  purposes  in  any  building,  shall  be  made  of  two  sheets 
of  tin  or  other  suitable  metal  fastened  together  so  as  to  leave  air 
space  of  not  less  than  one-fourth  of  an  inch  between  the  sheets 
of  metal. 

The  studding  or  lath  shall  be  covered  with  tin  on  the  sides 
next  to  the  pipe  and  there  shall  be  not  less  than  one-half  inch 
space  between  the  hot  air  pipe  and  the  studding  or  wood  lath. 

Hot  air  pipes  in  closets  shall  be  enclosed  with  metal  laths  and 
plaster. 

No  plaster  shall  be  put  on  covering  the  space  occupied  by 
heating  pipes  in  walls  or  partitions  until  the  pipes  have  been 
inspected  and  approved  by  the  Inspector  of  Buildings  or  one  of 
his  assistants. 


88  BUILDING  CODE. 


No  vertical  hot  air  pipe  shall  be  placed  in  a  stud  partition, 
unless  it  be  at  least  five  feet  distant  in  a  horizontal  direction  from 
the  furnace. 

Horizontal  hot  air  pipes  shall  be  placed  at  least  six  inches 
below  the  floor  beams  or  ceiling ;  if  the  floor  beams  or  ceiling  are 
plastered  and  protected  by  a  metal  shield,  then  the  distance  shall 
be  not  less  than  three  inches. 

§  69-a.     Ducts  for  Ventilation. 

Vent  flues  or  ducts  for  the  removal  of  foul  or  vitiated  air  in 
which  the  temperature  of  the  air  cannot  exceed  that  of  the  rooms, 
may  be  constructed  of  iron  or  other  incombustible  material,  and 
shall  not  be  placed  nearer  than  one  inch  to  any  woodwork,  and 
no  such  pipe  shall  be  used  for  any  other  purpose. 

In  buildings  of  fireproof  construction,  ventilating  shafts  pass- 
ing through  floors  shall  be  constructed  of  fireproof  material  not 
less  than  four  inches  in  thickness.  Any  opening  in  such  ducts  or 
shafts  shall  be  protected  by  automatically  closing  fire-doors  or 
by  metal  Louvres  riveted  into  metal  frames,  and  such  ducts  shall 
open  to  the  outside  of  the  building. 

§  69-b.  Vent  Ducts  in  Public  Schools. 
In  the  support  or  construction  of  such  ducts,  if  placed  in  a 
public  school  room,  no  wood  furring  or  other  inflammable  ma- 
terial shall  be  nearer  than  two  inches  to  said  flues  or  ducts,  and 
shall  be  covered  on  all  sides  other  than  those  resting  against 
brick,  terra  cotta  or  other  incombustible  material,  with  metal 
lath  plastered  with  at  least  two  heavy  coats  of  mortar  and  hav- 
ing at  least  one-half  inch  air  space  between  the  flues  or  ducts 
and  the  lath  and  plaster. 

§  69-c.     Steam  and  Hot  Water  Heating  Pipes. 

Steam  or  hot  water  heating  pipes  shall  not  be  placed  within 
two  inches  of  any  timber  or  woodwork,  unless  the  timber  or 
woodwork  is  protected  by  a  metal  shield;  then  the  distance  shall 
be  not  less  than  one  inch. 

All  steam  or  hot  water  heating  pipes  passing  through  floors 
and  ceilings  or  lath  and  plastered  partitions,  shall  be  protected 
by  a  metal  tube  passing  entirely  through  floor  and  ceilings  or 
partitions  one  inch  larger  in  diameter  than  the  pipe,  having  a 


BUILDING  CODE.  89 


metal  cap  at  the  floor,  and  where  they  are  run  in  a  horizontal 
direction  between  a  floor  and  ceiling,  a  metal  shield  shall  be 
placed  on  the  under  side  of  the  floor  over  them,  and  on  the  sides 
of  wood  beams  running  parallel  with  said  pipes. 

AJl  wood  boxes  or  casings  enclosing  steam  or  hot  water  heat- 
ing pipes  and  all  wood  covers  to  recesses  in  walls  in  which  steam 
or  hot  water  heating  pipes  are  placed  shall  be  lined  with  metal. 

All  pipes  or  ducts  used  to  convey  air  warmed  by  steam  or  hot 
water  shall  be  of  metal  fireproof  material. 

All  steam  and  hot  water  pipe  covering  shall  consist  of  fire- 
proof materials  only. 

Plumbing  Pipes. — Cold  water  or  other  exposed  plumbing  pipes 
shall  have  the  surrounding  air  space  closed  ofli  at  the  ceiling  and 
floor  line  of  any  floor  through  which  any  such  pipe  or  pipes  shall 
be  carried. 

Vents  for  Gas  Stoves  and  Grates. — No  natural  or  artificial 
gas  shall  be  burned  in  any  grate,  furnace,  water  heater  or  range, 
unless  said  grate,  furnace,  water  heater  or  range  be  connected 
with  a  suitable  flue  for  carrying  off  the  products  of  combustion. 


PART  IX. 

WOOD  BEAMS,  GIRDERS  AND  COLUMNS. 

§  70.     Wood  Beams. 

Every  wood  beam,  except  header  beams,  shall  rest  at  one  end 
four  (4)  inches  in  the  wall  or  upon  a  girder  as  authorized  by 
this  Code,  unless  the  wall  is  properly  corbelled  out  four  (4) 
inches,  in  which  case  the  brickwork  or  corbelling  shall  extend  to 
the  top  of  the  floor  beams. 

The  ends  of  all  wood  floor  beams  where  they  rest  on  brick 
walls  shall  be  cut  to  a  level  of  one  inch  in  'four  inches,  except 
that  in  no  case  shall  the  top  of  the  beams  be  less  than  one  inch 
back  of  the  inner  face  of  the  wall. 

§  71.     Cross  Bridging. 

All  wood  floor  beams  shall  be  properly  bridged  with  cross 
bridging  and  the  distance  between  bridging,  or  between  bridging 
and  walls,  shall  not  exceed  eight  feet. 


90  BUILDING  CODE. 


§  72.     Anchors. 

Each  tier  of  beams  shall  be  anchored  to  the  side,  front,  rear, 
or  party  wall  at  intervals  of  not  more  than  ten  (10)  feet,  with 
good,  strong  wrought  iron  anchors  of  not  less  than  one  and  a 
half  (IV2)  inches  by  one-quarter  of  an  inch  in  size,  well  fastened 
to  the  side  of  the  beams  by  two  or  more  nails  at  least  one-fourth 
(V4t)  of  an  inch  in  diameter.  Anchors  of  equal  efficiency  and 
different  design  may  be  used  with  consent  of  the  Inspector  of 
Buildings. 

Girder  Straps. 

Where  the  beams  are  supported  by  girders,  the  girders  shall 
be  anchored  to  the  walls  and  to  each  other. 

§  73.     Beam  Straps. 

The  ends  of  wood  beams  resting  upon  girders  shall  be  butted 
end  to  end  and  strapped  by  wrought  iron  straps  of  the  same 
size  and  distance  apart,  and  in  the  same  beam  as  the  wall  anchors, 
and  shall  be  fastened  in  the  same  manner  as  said  wall  anchors, 
or  they  may  lap  each  other  at  least  twelve  (12)  inches  and  be 
well  spiked  or  bolted  together  where  lapped. 

§  74.     Pier  Anchors. 

Every  pier  and  wall,  front  or  rear,  shall  be  well  anchored  to 
the  beams  of  each  story  with  the  same  size  anchors  as  are  re- 
quired for  side  walls,  which  anchors  shall  hook  over  the  fourth 
beam. 

§  75.     Beams  Near  Flues. 

Wood  beams  shall  be  trimmed  away  from  all  flues  and  chim- 
neys, whether  the  same  be  a  smoke,  air  or  any  other  flue  or  chim- 
ney. No  trimmer  beam  shall  be  placed  nearer  than  ten  (10) 
inches  of  the  inside  of  any  flue. 

For  the  smoke  flues  of  boilers  and  furnaces  when  the  brick- 
work is  required  to  be  more  than  nine  (9)  inches  in  thickness, 
the  trimmer  beam  shall  be  not  less  than  four  (4)  inches  from 
the  outside  of  the  brickwork  and  the  header  beam  shall  not  be 
less  than  two  (2)  inches  from  the  outside  of  the  brickwork. 

The  header  beam  carrying  the  tail  beams  of  a  floor  and  sup- 
porting the  trimmer  arch  in  front  of  a  fireplace,  shall  not  be  less 
than  twenty  (20)   inches  from  the  chimney  breast. 


BUILDING  CODE.  91 


§  76.     Thickness  of  Header  and  Trimmer  Beams. 

Wood  trimmer  or  header  beams  shall  not  be  less  than  one  inch 
thicker  than  the  floor  or  roof  beams  on  the  same  tier  where  the 
header  is  four  feet  or  less  in  length;  and  where  the  header  is 
more  than  four  feet  and  not  more  than  twelve  feet  in  length, 
the  trimmer  and  header  beams  shall  be  at  least  double  the  thick- 
ness of  the  floor  or  roof  beams,  or  shall  be  made  of  two  beams 
forming  such  thickness  properly  spiked  or  bolted  together. 

When  the  header  is  more  than  twelve  (12)  feet  in  length,  the 
strength  of  the  wood  construction  shall  be  increased  in  propor- 
tion to  the  load  and  span,  or  wrought  iron  or  steel  beams  of  suffi- 
cient strength  may  be  used. 

All  wooden  trimmer  beams  more  than  twelve  (12)  feet  in 
length  where  the  header  beam  is  inserted  more  than  four  (4) 
feet  from  the  end  of  the  trimmer  beam  shall  be  constructed  in 
the  same  manner  as  header  beams  over  twelve  (12)  feet  in 
length. 

W^hen  header  beams  carry  more  than  two  (2)  tail  beams,  they 
shall  be  hung  to  trimmer  beams  by  suitable  stirrups  and  the 
tail  beams  framed  into  header  beams  or  hung  thereto  by  stirrups. 

§  77.     Spacing  of  Floor  Beams. 
Floor  beams  in  dwelling  houses,  stores  and  factories,  shall  not 
be  more  than  sixteen-inch  centers,  and  in  warehouses  twelve- 
inch  centers. 

§  78.     Studding. 

Studding  in  frame  buildings  shall  not  be  less  than  two  by  four 
inches,  and  shall  be  placed  not  more  than  sixteen  inches  apart. 

All  studding  shall  be  braced  by  diagonal  sheathing,  bridging 
or  proper  lateral  bracing. 

All  floor  joists,  studding  and  rafters  shall  be  at  least  two  (2) 
inches  in  thickness. 

§  79.     Wood  Columns  and  Plates. 

Timber  or  iron  caps  and  bases  shall  be  provided  for  wood 
posts  wherever  necessary  to  maintain  the  limit  of  stresses  fixed 
by  this  Code. 

Loads  shall  be  transmitted  from  story  to  story  through  columns 
by  means  of  iron  or  steel.  In  no  case  should  loads  be  transmitted 
by  the  intervening  wood  girder. 


92  BUILDING  CODE. 


All  bolts  used  in  connection  with  timber  framing  shall  be  pro- 
vided with  washers  large  enough  to  reduce  the  compression  in 
the  wood  under  the  washer  to  the  allowable  stress,  supposing  the 
bolt  to  be  strained  to  its  limit. 


PART  X. 

GENERAL  CONSTRUCTION. 

§  80.     Ducts  for  Pipes. 

All  ducts  for  pipes,  wires  and  other  similar  purposes  shall  be 
enclosed  on  all  sides  with  fireproof  material. 

And  the  opening  through  each  floor  shall  be  properly  fire- 
stopped. 

Any  door  opening  in  such  duct  shall  be  provided  with  a  self- 
closing  fireproof  door. 

If  the  area  of  such  duct  exceeds  four  square  feet,  the  thick- 
ness of  the  fireproof  enclosure  shall  be  not  less  than  four  (4) 
inches,  and  shall  extend  by  a  proper  fireproof  outlet  to  and 
through  the  roof. 

§  81.     Sheathing  and  Wainscoting. 

No  wall  or  ceiling  in  any  building  hereafter  erected  other  than 
buildings  or  portion  of  buildings  occupied  exclusively  for  dwell- 
ing or  club  purposes  shall  be  covered  with  wood  sheathing  or 
any  combustible  material. 

But  this  shall  not  exclude,  excepting  in  theaters,  the  use  of 
wood  wainscoting  to  a  height  not  to  exceed  six  (6)  feet  when 
the  surface  of  the  wall  or  partition  behind  such  wainscoting  shall 
be  plastered  flush  with  the  grounds  and  down  to  the  floor  line, 
thereby  solidly  filling  the  space  between  the  wainscoting  and  the 
surface  of  the  wall  or  partition  with  incombustible  material. 

§  82.     Bay,  Oriel,  Show  Windows,  and  Balconies. 

The  face  of  any  wall,  plaster  or  column  of  any  building  above 
the  level  of  the  first  water  table  shall  not  project  beyond  the 
property  line,  and  no  bay  or  oriel  or  show  window  or  balcony 
shall  project  more  than  four  (4)  feet  over  any  public  way,  and 
no  part  of  such  projection  shall  be  less  than  ten  (10)  feet  above 
the  sidewalk. 


BUILDING  CODE.  93 


The  floors  and  walls  of  bay  and  oriel  windows  shall  not  be 
constructed  of  materials  not  allowable  in  the  construction  of 
the  adjoining  floors  and  walls,  but  the  walls  may  be  constructed 
of  iron  framing  covered  with  sheet  metal. 

Every  balcony,  loggia,  porch,  veranda,  or  stoop  constructed  as 
a  part  of  a  fireproof  building  shall  be  made  entirely  of  incom- 
bustible material. 


PART  XI. 

STAIRWAYS. 

§  83.     Width,  Tread,  Risers  and  Landings. 

The  width  of  the  stairways  required  by  this  section  shall  in 
no  case  be  less  than  three  (3)  feet  six  (6)  inches  in  the  clear 
between  handrails,  or  between  the  handrail  and  an  enclosed  side 
of  the  stairs. 

The  widths  given  herein  are  for  stairs  with  straight  runs  or 
flights ;  when  curved  or  winding  .stairs  are  used  their  width  shall 
be  no  less  than  one  and  one-quarter  (11/4)  times  that  of  an 
equivalent  straight  run  stair,  and  the  given  dimensions  of  the 
treads  and  risers  shall  be  laid  off  on  the  center  of  such  run.  The 
width  of  a  tread  in  any  stairs  at  the  narrowest  end  shall  not  be 
less  than  the  height  of  one  of  its  risers. 

All  such  stairs  shall  have  treads  of  uniform  width  and  risers 
of  uniform  height  throughout  in  each  flight,  and  the  risers  shall 
be  not  more  than  eight  (8)  inches  in  height,  and  the  treads  ex- 
clusive of  nosings  not  less  than  ten  (10)  inches.  Each  flight  of 
stairs  in  every  story  which  exceeds  a  height  of  eleven  (11)  feet 
in  the  clear  shall  have  a  proper  landing  introduced  and  said  land- 
ings shall  be  placed  at  the  central  portion  thereof,  if  the  stairs 
be  a  straight  run. 

There  shall  not  be  less  than  three  (3)  risers  between  any  two 
landings,  or  any  floor  and  landing,  nor  shall  there  be  any  change 
in  the  dimensions  of  treads  and  risers  in  any  flight  between  two 
floors,  and  there  shall  be  at  least  seven  (7)  feet  in  the  clear  be- 
tween the  sofl^its  of  the  stairs  or  ceilings  of  floors  and  nosing  of 
treads  at  landings. 

If  a  stair  landing  is  in  the  direction  of  its  run,  its  depth  shall 
not  be  less  than  the  sum  of  two  of  its  risers  and  two  of  its  treads. 


94  BUILDING  CODE. 


At  angle  turns,  the  landings  shall  have  no  winders,  and  the 
depth  shall  not  be  less  than  the  width  of  the  stairway. 

For  stairways  returning  directly  upon  themselves,  the  landings 
shall  be  the  full  width  of  both  flights  and  have  a  depth  not  less 
than  the  width  of  the  stairs  over  all. 

When  two  side  flights  connect  with  one  main  flight,  the  width 
of  the  main  flight  shall  be  equal  to  the  aggregate  width  of  the  side 
flights,  and  the  depth  of  the  landing  shall  not  be  less  than  three- 
fourths  {%)  of  the  main  flight  over  all. 

The  stairs  shall  be  provided  with  proper  banisters  or  railings 
and  handrails  and  kept  in  good  repair. 

Stairways  six  feet  or  more  in  width  shall  have  a  strong  and 
well-braced  handrail  in  the  center. 

All  stairs  shall  extend  from  the  ground  floor  to  the  topmost 
floor,  and  when  two  or  more  stairways  are  required,  they  shall 
be  located  at  as  great  a  distance  from  each  other  as  possible. 

This  section  shall  apply  to  all  buildings  not  otherwise  pro- 
vided for  in  this  Code,  except  "Private  Dwellings,"  as  defined  in 
this  Code. 

§  84.     Engineers'   Stationary  Ladders. 

Every  building  in  which  boilers  or  machinery  are  placed  in  the 
cellar  or  lowest  story,  shall  have  stationary  iron  ladders  or  stairs 
from  such  story  leading  direct  to  a  manhole  above  on  the  side- 
walk, or  other  outside  exit. 

§  85.     Stairs,  Number  Regulated  by  Occupancy. 

All  public  halls  (not  herein  otherwise  provided  for) ,  railroad 
depots,  stores,  warehouses,  factories,  work  shops,  club  houses 
and  other  buildings  of  like  character  hereafter  built,  in  which, 
above  the  second  floor,  there  is  to  be,  or  in  which  provision  is 
made  for  the  employment  or  assemblying  of  twenty  to  one  hun- 
dred people,  there  shall  be  at  least  two  stairways. 

The  width  of  stairways  shall  be  increased  six  inches  for  each 
fifty  persons  over  one  hundred  until  five  feet  is  reached.  If  eight 
hundred  or  more  persons  are  employed  on  such  premises,  the 
number  of  stairways  shall  be  increased  to  three,  each  five  feet 
in  width. 

All  hotels,  school  houses,  tenement  or  apartment  houses,  hos- 
pitals, infirmaries,  asylums,  homes,  reformatories  and  stores  with 


BUILDING  CODE.  95 


sleeping  apartments  above  the  second  story  for  ten  or  more  per- 
sons, hereafter  built,  shall  have  two  stairways. 

Stairways  shall  be  increased  in  width  six  inches  for  each  fifty 
persons  in  excess  of  one  hundred  for  which  provision  is  made 
until  such  provision  shall  have  reached  three  hundred  and  fifty 
or  more,  then  there  shall  not  be  less  than  three  stairways  of  no 
less  width  than  six  feet  each. 

Basement  used  for  living  rooms,  salesrooms,  manufacturing 
purposes,  packing  purposes,  place  of  assembly  or  resort,  or  store 
room  in  which  twenty  or  more  persons  are  employed,  shall  have 
at  least  two  stairways  leading  to  the  floor  above  or  to  the  street 
or  alley  on  which  said  cellar  abuts. 

§  86.     Stairs,  Number  Regulated  by  Area  of  Building. 

In  any  building  hereafter  erected  to  be  used  as  an  office  build- 
ing, store,  factory,  hotel,  lodging  house  or  school,  covering  a  lot 
area — 

Exceeding  twenty-five  hundred  (2,500)  feet  and  not  exceed- 
ing five  thousand  (5,000)  feet,  there  shall  be  provided  at  least 
two  (2)  continuous  lines  of  stairs  remote  from  each  other; 

And  every  such  building  shall  have  at  least  one  continuous  line 
of  stairs  for  each  five  thousand  feet  of  lot  area  covered,  or  part 
thereof,  in  excess  of  that  required  for  five  thousand  feet  of  area. 

When  any  such  building  covers  an  area  of  lot  greater  than 
fifteen  thousand  feet,  the  number  of  stairs  shall  be  increased  pro- 
portionately, or  as  will  meet  with  the  approval  of  the  Inspector 
of  Buildings. 

§  87.  Stair  Hallway  Inclosure. 
In  all  stores,  warehouses  and  factories,  the  staircase  halls  shall 
be  inclosed  with  suitable  walls  of  brick,  or  with  burnt  clay  block 
set  in  iron  frames,  or  such  other  fireproof  materials  and  forms 
of  construction  as  may  be  approved  by  the  Inspector  of  Build- 
ings, except  that  the  inclosure  walls  in  such  buildings  exceeding 
three  stories  in  height  shall  be  of  brick.  Said  walls  or  construc- 
tion shall  be  continuous  and  extend  at  least  three  feet  above  the 
roof. 

The  roof  over  the  stair  hall  inclosure  shall  be  covered  with 
a  metal  and  glass  skylight  at  least  three-eighths  of  the  area  of 
the  inclosure,  and  constructed  and  glazed  as  required  for  sky- 
light over  elevator  inclosures. 


96  BUILDING  CODE. 


All  door  openings  in  such  stair  hall  inclosures  shall  be  pro- 
vided with  self-closing  fireproof  doors  and  frames,  and  all  win- 
dow openings  shall  have  window  frames  of  metal  and  the  win- 
dow sash  shall  be  fixed  sash  of  metal  and  glazed  with  wired 
glass,  but  no  one  pane  shall  exceed  seven  hundred  and  twenty 
square  inches  in  size. 

At  least  one  of  such  inclosed  stair  halls  in  each  of  said  build- 
ings shall  have  a  like  connecting  inclosure  hallway  in  the  first 
story  and  extend  to  the  street,  and  all  door  or  window  openings 
in  the  same  shall  be  provided  with  doors  and  windows  as  pro- 
vided for  openings  in  the  stair  hall  inclosures. 

Any  hotel  building  requiring  more  than  one  stairway,  as  pro- 
vided in  section  85  and  86  of  this  Code,  shall  have  at  least  one 
such  continuous  stairway  inclosed  in  the  manner  described  in 
this  section. 


PART  XII. 

SKYLIGHTS  AND  FLOOR-LIGHTS. 

§  88.     Metal  Skylights. 

The  term  "Skylight"  shall  be  taken  to  mean  and  include  flat, 
hipped,  lantern,  monitor,  turret  dome,  vertical  or  pitched  saw- 
tooth constructions,  and  all  other  covers  placed  over  openings 
on  roofs  for  the  admission  of  light. 

All  skylights  placed  on  or  in  any  buildings  shall  have  the 
frames  and  sash  thereof  constructed  of  metal  and  glazed. 

All  openings  in  roofs  for  the  admission  of  light  other  than 
elsewhere  provided  in  this  Code  over  elevator,  stair,  dumbwaiter 
shafts,  and  theater  stage  roofs,  shall  have  metal  frames  and 
sash,  glazed  with  wired  glass  not  less  than  one-quarter  inch 
thick,  or  with  glass  protected  above  and  below  with  wire  screens, 
of  not  less  than  No.  12  galvanized  wire,  and  not  more  than  one- 
inch  mesh. 

Skylights  Over  Public  Passageways. 

Skylights  hereafter  placed  in  buildings  of  a  public  character 
over  any  passageway  or  room  of  public  resort,  shall  have  imme- 
diately underneath  the  glass  thereof  a  wire  netting,  unless  wired 
glass  is  used. 


BUILDING  CODE.  97 


Floor-Lights. 

All  openings  in  floors  for  transmission  of  light  to  floors  be- 
low shall  be  covered  over  with  floor-lights  constructed  of  metal 
frames  and  bars,  the  glass  in  no  case  to  be  less  than  three-quar- 
ters of  an  inch  in  thickness. 

If  any  glass  in  same  measures  more  than  sixteen  (16)  square 
inches,  the  glass  shall  be  provided  with  strong  wire  netting 
under  the  same. 


PART  XIII. 


HEATING  APPARATUS  AND  DRYING  ROOMS. 

§  89.     Boilers. 

A  brick-set  boiler  shall  not  be  supported  on  beams  or  floor 
construction  made  of  wood  or  other  combustible  material. 

A  portable  boiler  may  be  supported  on  beams  or  floor  con- 
struction made  of  wood  or  other  combustible  material,  but  in 
any  such  case  the  floor  shall  be  protected  by  a  covering  not  less 
than  four  inches  thick  of  concrete  or  brick  laid  in  cement  mor- 
tar. Such  a  covering  shall  be  constructed  upon  a  continuous 
sheet  metal  plate  not  less  than  three-sixteenths  of  an  inch  thick, 
having  all  joints  substantially  riveted  and  the  edges  turned  up 
four  inches  on  all  sides.  This  floor  covering  shall  extend  under 
the  whole  of  the  fire  box  and  ash  pit  of  the  boiler  and  shall  ex- 
tend outwardly  not  less  than  eight  inches  in  front  and  not  less 
than  four  feet  on  the  other  three  sides. 

Hot  air  furnaces,  ovens,  coffee  roasters  or  other  appliances 
in  which  similar  fires  are  maintained,  when  supported  on  beams 
or  other  floor  construction  made  of  wood  or  other  combustible 
material,  shall  rest  on  a  floor  covering  as  herein  provided  for 
portable  boilers. 

No  combustible  wall  or  partition  shall  be  within  four  feet 
of  the  sides  or  back  or  six  feet  from  the  front  of  any  boiler  or 
other  heating  apparatus,  unless  said  wall  or  partition  shall  be 
covered  with  metal  to  a  height  of  at  least  four  feet  above  the 
floor,  and  this  covering  shall  extend  from  the  end  or  back  of 
the  boiler  to  at  least  five  feet  in  front  of  it;  then  the  distance 
shall  be  not  less  than  two  feet  from  the  sides  and  five  feet  from 
the  front  of  the  boiler. 


98  BUILDING  CODE. 


Registers  located  over  a  brick  furnace  shall  be  supported  by 
a  brick  shaft  built  up  from  the  cover  of  the  hot  air  chamber; 
said  shaft  shall  be  lined  with  metal  pipe,  and  all  v^^ood  beams 
shall  be  trimmed  away  not  less  than  four  inches  from  it. 

§  90.     Warm  Air  Furnaces. 

All  furnaces  shall  be  set  on  brick,  stone  or  concrete  founda- 
tion. If  set  on  brick,  the  joints  must  be  slushed  with  cement 
mortar. 

Where  joists  or  other  woodwork  is  within  twenty-four  (24) 
inches  of  the  furnace,  same  shall  be  covered  with  one-eighth- 
inch  asbestos  mill  board  and  sheet  metal,  enough  to  cover  space 
above  the  furnace  and  extended  twelve  (12)  inches  wider  on  all 
sides  of  the  furnace. 

If  the  space  over  the  furnace  is  ceiled  with  wood,  an  air  space 
shall  be  left  between  the  ceiling  and  the  shield. 

All  furnace  tops  shall  have  rim  extending  at  least  two  (2) 
inches  above  the  top  of  casing  and  shall  be  filled  with  sand. 

Smoke  pipe  connecting  the  furnace  to  the  flue  shall  be  made 
of  No.  24  galvanized  iron,  and  where  same  is  within  three  feet 
of  joists  or  other  woodwork,  said  woodwork  shall  be  covered 
with  one-eighth-inch  asbestos  mill  board  and  sheet  metal  thirty 
(30)  inches  wide. 

All  warm  air  pipe  in  basement  and  register  boxes  shall  be 
covered  with  asbestos  paper. 

Where  woodwork  of  any  kind  is  within  three  (3)  inches  of 
warm  air  pipes  or  register  boxes,  the  same  shall  be  covered  with 
asbestos  mill  board  not  less  than  one-eighth-inch  in  thickness 
and  sheet  tin,  and  extended  three  (3)  inches  on  each  side  wider 
than  the  pipe  or  register  box. 

All  pipes  enclosed  in  stud  partitions  shall  be  doubled  wall 
pipes  from  round  connection  in  basement  to  register  in  room, 
and  have  not  less  than  one-quarter  inch  air  space  between  the 
outer  and  inner  walls  of  the  pipe. 

Cold  air  pipe  connecting  furnace  to  filter  room  or  window  to 
be  made  of  either  brick  or  sheet  metal. 

Where  filter  room  is  made  of  wood  and  same  is  within  three 
feet  of  furnace,  same  shall  be  covered  with  one-eighth-inch 
asbestos  mill  board  and  sheet  metal. 


BUILDING  CODE.  99 


All  warm  air  register  openings  in  floors  in  buildings  other 
than  dwellings  shall  not  have  valves,  or  shutters,  but  register 
face  only. 

All  warm  air  pipes  leading  from  furnace  shall  have  regulating 
damper  at  a  point  not  more  than  two  feet  from  furnace. 

All  cellar  warm  air  supply  pipes  leading  from  the  furnace  to 
be  entirely  covered  with  asbestos  paper  (not  less  than  ten-pound 
paper). 

All  registers  placed  in  any  wood  floors  shall  have  iron  border. 

In  all  cases  where  one-eighth-inch  asbestos  is  mentioned  in 
this  section,  two  thicknesses  of  ten-pound  asbestos  paper  may  be 
used,  except  over  furnace  and  over  smoke  pipe. 

§  91.     Drying  Rooms. 

The  walls,  ceilings  and  partitions  enclosing  drying  rooms, 
when  not  made  of  incombustible  material,  shall  be  finished  with 
metal  lath  and  plastered,  or  they  shall  be  covered  with  metal, 
terra  cotta  fireproofing  or  other  hard,  incombustible  material. 

§  92.     Ranges  and  Stoves. 

Where  a  kitchen  range  is  placed  from  twelve  to  six  inches 
from  a  wood  stud  partition,  the  said  partition  shall  be  shielded 
with  metal  from  the  floor  to  the  height  of  not  less  than  three 
feet  higher  than  the  range;  if  the  range  is  within  six  inches  of 
the  partition,  then  the  studs  shall  be  cut  away  and  framed  three 
feet  higher  and  one  foot  wider  than  the  range,  and  filled  into  the 
face  of  the  said  stud  partition  with  brick  or  fireproof  blocks,  and 
plastered  thereon. 

All  ranges  on  wood  or  combustible  floors  and  beams  that 
are  not  supported  on  legs  and  have  ash  pans  three  inches  or 
more  above  their  base  shall  be  set  on  suitable  brick  foundations 
consisting  of  not  less  than  two  courses  of  brick  well  laid  in 
mortar  or  galvanized  sheet  iron,  except  small  ranges,  such  as 
are  used  in  apartment  houses  that  have  ash  pans  three  inches 
or  more  above  their  base,  shall  be  placed  on  at  least  one  course 
of  brickwork  on  galvanized  sheet  iron. 

No  range  shall  be  placed  against  a  furred  wall. 

All  lath  and  plaster  or  wood  ceilings  over  all  ranges  in  hotels 
and  restaurants,  shall  be  guarded  by  metal  hoods  placed  at  least 
nine  inches  below  the  ceiling. 


100  BUILDING  CODE. 


Laundry  stoves  on  wood  or  combustible  floors  shall  have  a 
course  of  brick  laid  on  metal  on  the  floor  under  and  extended 
twenty-four  inches  on  all  sides  of  them. 

All  stoves  for  heating  purposes  shall  be  properly  supported 
on  iron  legs  resting  on  the  floor  and  placed  three  feet  or  more 
from  all  lath  and  plaster  or  woodwork;  if  the  lath  and  plaster 
or  woodwork  is  properly  protected  by  a  metal  shield,  then  the 
distance  shall  not  be  less  than  eighteen  inches. 

A  metal  shield  shall  be  placed  under  and  twelve  inches  in  front 
of  the  ash  pan  of  the  stoves  that  are  placed  on  wood  floors. 

All  low  gas  stoves  shall  be  placed  on  iron  stands,  or  the  burn- 
ers shall  be  at  least  six  inches  above  the  base  of  the  stoves,  and 
metal  guard  plates  placed  four  inches  below  the  burners,  and 
all  woodwork  under  them  shall  be  covered  with  metal. 

Gas  connections  to  such  stoves  shall  be  made  by  metal  pipes, 
unless  there  is  no  valve  on  the  gas  stove. 

All  receptacles  for  ashes  shall  be  galvanized  iron,  brick  or 
other  incombustible  material. 

§  93.     Notice  to  Building  Inspector. 

In  cases  where  hot  water,  steam,  hot  air  or  other  heating 
appliances  or  furnaces  are  hereafter  placed  in  any  building  or 
flues  or  fireplaces  are  changed  or  enlarged,  due  notice  shall  be 
given  to  the  Department  of  Buildings  by  the  person  or  persons 
placing  the  said  furnace  in  said  building  or  by  the  contractor 
or  superintendent  of  said  work. 


PART  XIV. 
ROOF  CONSTRUCTION. 

§  94.     Mansard  Roofs. 

If  a  mansard  or  other  roof  of  like  character  having  a  pitch 
of  over  sixty  degrees  be  placed  on  any  building  except  a  wood 
building  or  dwelling  house  not  exceeding  three  stories  nor  more 
than  forty  feet  in  height,  it  shall  be  constructed  of  iron  rafters 
and  lathed  with  iron  or  steel  on  the  inside  and  plastered  or  filled 
in  with  fireproof  material  not  less  than  three  (3)  inches  thick, 
and  covered  with  metal,  slate  or  tile. 

No  false  mansard  or  other  similar  roof  construction  for  in- 
creasing the  apparent  height  of  a  building,  but  having  no  full 


BUILDING  CODE.  101 


story  behind  the  same,  shall  be  placed  on  any  building  to  a 
greater  height  than  five  (5)  feet  above  the  cornice  of  the  highest 
point  of  the  roof  beamsj 

Bulkheads,  Pent  Houses  and  Scuttles. 

Bulkheads  used  as  enclosures  for  tanks  and  elevators  or  for 
covering  any  other  machinery  or  appliances  required  for  the 
operation  of  a  building  not  more  than  four  (4)  stories  in  height 
hereafter  erected  or  altered,  may  be  constructed  of  hollow  fire- 
proof blocks  or  of  wood  covered  with  fireproof  material  inside 
and  out. 

On  fireproof  buildings  the  bulkheads  and  enclosures  on  roofs 
shall  be  constructed  of  fireproof  material  only. 

All  exits  to  roof  through  roof  houses,  bulkheads  and  scuttles 
shall  open  outwardly. 

No  scuttle  shall  be  less  in  size  than  two  by  three  feet. 

All  doors  and  door  frames  in  such  openings  shall  be  made  of 
metal  or  of  wood  covered  with  metal. 

§  95.     Cornices  and  Gutters. 

On  all  buildings  hereafter  erected  within  the  fire  limits  the 
exterior  cornices,  inclusive  of  those  on  show  windows  and  gut- 
ters, shall  be  of  some  fireproof  material. 

All  fireproof  cornices  shall  be  well  secured  to  the  walls  with 
iron  anchors  independent  of  any  woodwork. 

No  cornice,  not  including  pediments,  shall  extend  more  than 
five  (5)  feet  above  the  highest  point  of  the  roof  beams  of  any 
building. 

Walls  in  Relation  to  Roof  Planking  and  Cornices. 

In  all  cases  the  walls  shall  be  carried  up  to  the  planking  of 
the  roof. 

Where  the  cornice  projects  above  the  roof,  the  walls  shall  be 
carried  up  to  the  top  of  the  cornice. 

The  party  walls  shall  in  all  cases  extend  above  the  planking  of 
the  cornice  and  be  coped. 

Unsafe  Cornices. 
All  exterior  wood  cornices  within  the  fire  limits  that  may  now 
be  or  that  may  hereafter  become  unsafe  or  rotten  shall  be  taken 
idown.     And  if  replaced  shall  be  constructed  of  some  fireproof 
material. 


102  BUILDING  CODE. 


§  96.     Tanks. 

Tanks  containing  more  than  five  hundred  gallons  of  water  or 
other  fluid  hereafter  placed  in  any  story  or  on  the  roof  or  above 
the  roof  of  any  building  now  or  hereafter  erected,  shall  be  sup- 
ported on  iron  or  steel  beams  of  sufficient  strength  to  safely  carrj^ 
the  same;  and  the  beams  shall  rest  at  both  their  ends  on  brick 
walls  or  on  iron  or  steel  girders,  or  iron  or  steel  columns,  or  piers 
of  masonry. 

Underneath  any  said  water  tank,  or  on  the  side  near  the  bot- 
tom of  the  same  there  shall  be  a  short  pipe  or  outlet  not  less  than 
four  inches  in  diameter,  fitted  with  a  suitable  valve  having  a 
lever  or  wheel  handle  to  same  to  discharge  the  weight  of  the  fluid 
contents  from  the  tank  in  case  of  necessity,  unless  tank  water  is 
to  supply  automatic  sprinklers. 

Such  tanks  shall  be  placed  where  practicable  at  one  corner  of 
a  building  and  shall  not  be  placed  over  nor  near  a  line  of  stairs 
unless  the  stairs  are  inclosed  with  brick  walls  of  sufficient 
strength  to  support  the  added  load  of  the  tank  and  contents. 

Covers  on  top  of  water  tanks  placed  on  roofs,  if  of  wood,  shall 
be  covered  with  tin. 

All  wooden  tanks  shall  be  coopered  with  metal  hoops  circular 
in  section. 

§  97.     Roof  Covering. 

The  planking  and  roofing  of  buildings  within  the  fire  limits 
shall  not  in  any  case  be  extended  across  the  side  or  party  wall 
thereof. 

Within  the  fire  limits,  every  building  and  the  tops  and  sides 
of  every  dormer  window  thereon  shall  be  covered  and  roofed 
with  incombustible  roofing,  and  the  outside  of  the  frames  of 
every  dormer  window  hereafter  placed  upon  any  such  building 
shall  be  made  of  some  fireproof  material. 

§  98.  Incombustible  Roofing. 
An  incombustible  roof  is  one  covered  with  tin,  iron,  slate,  tile, 
cement,  asbestos  shingles,  or  other  fire  resisting  material  prop- 
erly applied.  A  roof  covering  made  with  not  less  than  three  (3) 
thicknesses  of  roofing  felt,  each  weighing  fourteen  (14)  pounds 
to  the  square  (100  square  feet)  all  cemented  together  and  cov- 
ered with  a  good  coat  of  pitch  solidly  mopped  and  finished  with 
a  gravel  top,  will  be  classed  as  an  incombustible  roof. 


BUILDING  CODE.  103 


§  99.     Leaders  From  Roofs. 

All  buildings  shall  be  kept  provided  with  proper  metallic 
leaders  for  conducting  water  from  the  roofs  in  such  manner  as 
shall  protect  the  walls  and  foundations  of  said  buildings  from 
injur}'. 

In  no  case  shall  the  water  from  the  said  leaders  be  allowed  to 
flow  upon  the  sidewalk,  but  the  same  shall  be  conducted  by  pipe 
or  pipes  to  the  sewer. 

If  there  be  no  sewer  in  the  street  upon  which  such  buildings 
front,  then  the  water  from  said  leader  shall  be  conducted  by 
proper  pipe  or  pipes  below  the  surface  of  the  sidewalk  to  the 
street  gutter. 


PART  XV. 


FLOOR  AND  ROOF  LOADS. 

§  100.     Floor  Loads. 

The  dead  loads  in  all  buildings  shall  consist  of  the  actual 
weight  of  walls,  floors,  roofs,  partitions  and  all  permanent  con- 
struction. 

The  live  or  variable  loads  shall  consist  of  all  loads  other  than 
dead  loads. 

All  floors  shall  be  of  sufficient  strength  to  carry  not  less  than 
the  following  evenly  distributed  live  loads  per  square  foot  of 
floor : 

Pounds. 
Dwellings,    hotels,    apartment    houses,    tenement    houses, 

lodging  houses 60 

Office  buildings,  flrst  floor 150 

Office  buildings,  above  first  floor 75 

Schools 75 

Stables,  garages  and  carriage  houses 100 

Stores  where  heavy  materials  are  stored,  warehouses  and 

factories   150 

Assembly  halls  and  theaters 100 

Dancing  or  drilling  halls 150 

Sidewalks   300 

The  strength  of  factory  floors  intended  to  carry  running 
machinery  shall  be  increased  above  the  minimum  given  in  this 


104  BUILDING  CODE. 


section  in  proportion  to  the  degree  of  vibratory  impulse  liable 
to  be  transmitted  to  the  floor. 

§  101.     Roofs. 

The  roofs  of  all  buildings  having  a  pitch  of  less  than  twenty- 
degrees  shall  be  proportioned  to  bear  safely  not  less  than  forty 
pounds  per  square  foot  of  evenly  distributed  live  load. 

If  the  pitch  be  more  than  twenty  degrees,  the  live  load  shall  be 
assumed  at  thirty  pounds  measured  on  a  horizontal  plane. 

Roofs  used  as  places  of  public  assembly  or  other  special  pur- 
poses shall  be  made  to  carry  the  live  loads  per  square  foot  as  are 
required  on  floors  used  for  like  purposes. 

§  102,     Strength  of  Existing  Floors  to  be  Calculated. 

When  required  by  the  Inspector  of  Buildings,  the  owner  or 
agents  of  warehouses  and  buildings  or  parts  of  buildings  in 
which  manufacturing  is  carried  on,  erected  prior  to  the  passage 
of  this  ordinance,  shall  furnish  the  Inspector  of  Buildings  with 
a  statement  made  by  a  competent  architect,  engineer  or  builder, 
showing  the  size  of  the  beams  and  floors  of  such  buildings.  The 
statements  shall  also  contain  the  evenly  distributed  load  in 
pounds  per  square  foot  which  the  owner  or  agent  desires  to  carry 
on  the  floors  described. 

The  Inspector  of  Buildings  shall  examine  every  such  state- 
ment when  it  has  been  filed  and  shall  determine  the  maximum 
load  or  loads  that  shall  be  allowed  on  the  floors  described  and 
such  maximum  loads  shall  not  be  greater  than  would  be  allow- 
able under  the  provisions  of  this  ordinance. 

The  officers  and  employes  of  the  office  of  the  Inspector  of 
Buildings  may  enter  any  building  for  the  purpose  of  verifying 
the  statements  relating  thereto,  or  to  obtain  further  information 
regarding  the  construction  of  such  buildings,  and  may  make 
measurements  and  remove  portions  of  flooring  or  ceiling  or  other 
parts  that  are  deemed  necessary  to  make  the  examination  com- 
plete, cost,  if  any,  to  be  at  the  expense  of  the  owner  or  agent  of 
the  building. 

The  Inspector  of  Buildings  may  enter  any  such  warehouse  or 
building  in  which  manufacturing  is  carried  on  for  the  purpose 
of  such  an  examination,  and  shall  determine  the  maximum  allow- 
able loads  without  the  statements  as  herein  provided,  if  such 
action  is  deemed  desirable. 


BUILDING  CODE.  105 


When  the  maximum  load  or  loads  have  been  determined  the 
owner  or  agent  shall  be  notified,  and  thereupon  he  shall  post  the 
amount  of  said  maximum  loads  in  a  conspicuous  place  on  each 
floor  or  part  thereof  to  which  it  relates. 

§  103.  Vertical  Supports. 
Everj^  column,  post,  or  other  vertical  support  shall  be  of  suffi- 
cient strength  to  bear  safely  the  weight  of  the  portion  of  each 
and  every  floor  depending  upon  it  for  support,  in  addition  to  the 
weight  required  as  before  stated  to  be  supported  safely  upon  said 
portions  of  said  floors. 

§  104.     Reduction  in  Live  Loads  on  Columns. 

For  the  purpose  of  determining  the  carrying  capacity  of 
columns  in  dwellings,  office  buildings,  stores,  stables  and  public 
buildings  when  over  five  stories  in  height,  a  reduction  of  the  live 
load  shall  be  permissible  as  follows: 

For  the  roof  and  the  top  floor  the  full  live  loads  shall  be  used. 

For  each  succeeding  lower  floor,  it  shall  be  permissible  to  re- 
duce the  live  load  by  5  per  cent  until  50  per  cent  of  the  live  loads 
fixed  by  this  section  is  reached,  when  such  reduced  loads  shall  be 
used  for  all  remaining  floors. 

§  105.     Load  on  Floors  to  be  Distributed. 

The  weight  placed  on  any  of  the  floors  of  any  building  shall 
be  safely  distributed  thereon. 

The  Inspector  of  Buildings  may  require  the  owner  or  occu- 
pant of  any  building,  or  of  any  portion  thereof,  to  redistribute 
the  load  on  any  floor,  or  to  lighten  such  load  where  it  is  neces- 
sary for  safety. 

§  106.     Strength  of  Temporary  Supports. 

Every  temporary  support  under  any  structure,  wall,  girder 
or  beam,  during  the  erection,  finishing,  alteration,  or  repairing 
of  any  building  or  structure,  or  any  part  thereof,  shall  be  of  suffi- 
cient strength  to  safely  carry  the  load  to  be  placed  thereon. 

During  the  construction  or  alteration  of  any  building  or 
structure,  no  material  entering  into  such  construction  or  alter- 
ation, shall  be  placed  on  any  floor  of  any  greater  weight  than  the 
live  load  that  each  such  floor  is  intended  to  safely  sustain  when 
the  building  or  structure  is  completed. 


106  BUILDING  CODE. 


PART  XVI. 

STRENGTH  OF  MATERIALS. 

§  107.     Working  Stresses. 

The  weight  of  building  materials  used  in  the  calculation  of 
stresses  shall  be  taken  at  not  less  than  the  following: 

Pounds. 

Brick  masonry,  per  cubic  foot ■ 120 

Rubble  masonry,  per  cubic  foot 150 

Concrete,  per  cubic  foot , 140 

Granite,  per  cubic  foot  170 

Limestone,  per  cubic  foot *  160 

White  pine,  per  cubic  foot 24 

Yellow  pine,  per  cubic  foot 48 

Oak,  per  cubic  foot , 48 

Terra  cotta  or  tile,  per  cubic  foot 50 

§  108.     Safe  Load  for  Masonry  Work. 
The  safe  bearing  load  to  apply  to  masonry  work  in  tons  per 
superficial  foot  shall  be  as  follows: 

Tons. 

Rubble  masonry  in  Louisville  cement  mortar 12 

Brickwork  in  lime  mortar 8 

Brickwork  in  Louisville  cement  mortar 12 

Brickwork  in  Portland  cement  mortar 18 

Pounds. 

Slating,  per  square  100  feet 600 

Lath  and  plaster,  per  square  foot 10 

Gravel  roof 15 

§  109.     Tensile  Strains. 

The  allowable  stresses  in  direct  tension  in  building  materials 
shall  not  be  greater  than  the  following  in  pounds  per  square  inch 
of  net  section: 

Pounds. 

Cast  and  rolled  steel 16,000 

Wrought  iron 12,000 

Yellow  pine 1,200 

Oak 1,000 


BUILDING  CODE.  107 


Compressive  Strains. 
The  allowable  stresses  in  direct  compression  in  building  ma- 
terials, except  in  the  case  of  columns,  shall  not  be  greater  than 
the  following  in  pounds  per  square  inch  of  sectional  area: 

Pounds. 

Rolled  and  cast  steel 16,000 

Wrought  iron  12,000 

Cast  iron  (in  short  blocks)    16,000 

Steel  pins  and  rivets  (bearing)    20,000 

Wrought  iron  pins  and  rivets  (bearing)   15,000 

Pounds  Pounds 

with  Grain,  across  Grain. 

Oak  and  yellow  pine 1,000  600 

White  pine 800  400 

Hemlock    600  500 

Chestnut 600  1,000 

I 
§  110.     Shear. 

Allowable  stress  in  shear  shall  not  be  greater  than  the  follow- 
ing in  pounds  per  square  inch  of  section : 

Pounds. 

Steel  web  plates 9,000 

Steel  shop  rivets  and  pins 10,000 

Steel  field  rivets    8,000 

Steel  field  bolts 8,000 

Wrought  iron  shop  rivets  and  pins 7,500 

Wrought  iron  field  rivets 6,000 

Wrought  iron  field  bolts 5,000 

Cast  iron  2,500 

§  111.     Bending. 

Allowable    extreme    fibre    stresses    in    bending   shall    not    be 
greater  than  the  following  in  pounds  per  square  inch  of  section : 

Pounds. 

Rolled  steel  beams 16,000 

Rolled  steel  pins,  rivets  and  bolts 20,000 

Wrought  iron  pins,  rivets  and  bolts 15,000 

Riveted  steel  beams  (net  flange  section)   15,000 

Cast  iron  (compression  side)   16,000 


108 BUILDING  CODE. 

Yellow  pine 1,200 

Cast  iron  (tension  side)    3,000 

Oak 1,000 

Hemlock 800 

§  112.     Strength  of  Columns. 

In  columns  or  compression  members  with  flat  ends  of  steel, 
wood  or  cast  iron,  the  stress  shall  not  exceed  the  following  in 
pounds  per  square  inch  of  section : 

Steel. 
L  L 

When — is  greater  than  70 S=17,100 — 57 — 

R  R 

L 

When— is  less  than  70 S=13,000 

R 

Yellow  Pine  and  Oak. 
L  L 

When — is  greater  than  12 .8=1,000 — 10 — 

D  D 

L 

When— is  less  than  12 S=1,000 

D 

Hollow  Cast  Iron. 

10,000 
For  rectangular  sections S^ 

1+ 

1,067D2 

10,000 
For  round  sections S= — 

1+ 

800D2 
10,000 
For  other  sections S= 

L- 

1_^ 

6,400R-i 


BUILDING  CODE.  109 


S=Safe  unit  stress. 

L=Length  in  inches. 

R=Least  radius  of  gyration  in  inches. 

D=Least  diameter  or  side. 

No  length  exceeding  120  times  the  least  radius  of  gyration 
shall  be  used  for  compression  members. 

Columns  Eccentrically  Loaded. 

Any  column  eccentrically  loaded  shall  have  the  stresses  caused 
by  such  eccentricity  computed,  and  the  combined  stresses  result- 
ing from  such  eccentricity  at  any  part  of  the  column,  added  to 
all  other  stresses  at  that  part,  shall  in  no  case  exceed  the  work- 
ing stresses  stated  in  this  Code. 

The  eccentric  load  of  a  column  shall  be  considered  to  be  dis- 
tributed equally  over  the  entire  area  of  that  column  at  the  next 
point  below  at  which  the  column  is  securely  braced  laterally  in 
the  direction  of  the  eccentricity. 

§  113.  Safe  Load  on  Wood  Beams. 
The  safe  carrying  capacity  of  wood  beams  for  uniformly  dis- 
tributed loads  shall  be  determined  by  multiplying  the  area  in 
square  inches  by  its  depth  in  inches  and  dividing  this  product 
by  the  span  of  the  beam  in  feet.  The  safe  load  is  this  result 
multiplied  by — 

For  hemlock  and  spruce '. 90 

For  oak 140 

For  yellow  pine 150 

§  114.     Factors  of  Safety. 
When  the  unit  stress  for  any  material  is  not  prescribed  in  this 
Code,  the  relation  of  allowable  unit  stress  to  ultimate  strength 
shall  be — 
For  metal  subjected  to  tension  or  transverse  strains.  .  .  .  1  to     4 

For  reinforced  concrete 1  to     4 

For  timber 1  to     6 

For  natural  or  artificial  stones  and  brick  and  stone  ma- 
sonry    ! 1  to  10 

Wherever  working  stresses  are  prescribed  in  this  Code  vary- 
ing the  factors  of  safety  given  above  the  said  working  stresses 
shall  be  used. 


110  BUILDING  CODE. 


§  115.     Wind  Pressure. 

New  buildings  exposed  to  wind  shall  be  made  strong  enough 
to  resist  a  horizontal  pressure  in  any  direction  of  thirty  (30) 
pounds  per  square  foot  of  exposed  surface,  measuring  the  entire 
height  of  the  building. 

The  additional  loads  caused  by  the  wind  pressure  upon  beams, 
girders,  walls  and  columns  must  be  determined  by  calculation 
and  added  to  other  loads  for  such  members. 

Special  bracing  shall  be  employed  wherever  necessary  to  resist 
the  distorting  effect  of  wind  pressure. 

In  no  case  shall  the  overturning  moment  due  to  the  wind 
pressure  exceed  fifty  (50)  per  cent  of  the  moment  of  the  sta- 
bility of  the  structure. 

In  buildings  under  one  hundred  feet  (100)  feet  in  height  pro- 
vided the  height  does  not  exceed  four  (4)  times  the  average 
width  of  the  base,  the  wind  pressure  may  be  disregarded. 


PART  XVII. 

IRON  AND  STEEL  CONSTRUCTION. 
'■  §  116.     Skeleton-Constructed  Buildings. 

Where  columns  are  used  to  support  iron  or  steel  girders  carry- 
ing inclosure  walls,  the  said  column  shall  be  of  cast  iron,  wrought 
iron,  or  rolled  steel,  and  on  their  exposed  surfaces  be  constructed 
to  resist  fire  by  having  a  casing  of  brickwork  not  less  than  eight 
<8)  inches  in  thickness  on  the  outside  surfaces,  not  less  than 
four  (4)  inches  in  thickness  on  the  inside  surfaces,  and  all  bond- 
ed into  the  brickwork  of  the  inclosure  walls. 

Between  the  said  enclosing  brickwork  and  the  columns,  there 
shall  be  a  space  of  not  less  than  two  (2)  inches,  which  space 
shall  be  filled  solidly  with  liquid  cement  grout  as  the  courses  of 
brickwork  are  laid. 

The  exposed  sides  of  the  wrought  iron  or  steel  girders  shall 
be  similarly  covered  in  with  brickwork  not  less  than  four  (4) 
inches  in  thickness  on  the  outer  surfaces  and  tied  and  bonded, 
but  the  extreme  outer  edge  of  the  flanges  of  beams  or  plates  or 
angles  connected  to  the  beams  may  project  to  within  two  (2) 
inches  of  the  outside  surface  of  the  brick  casing. 

The  inside  surface  of  girders  may  be  similarly  covered  with 


BUILDING  CODE.  Ill 


brickwork,  or  if  projecting  inside  of  the  wall,  they  shall  be  pro- 
tected by  terra  cotta,  concrete  or  other  fireproof  material  not  less 
than  four  (4)  inches  in  thickness. 

Girders  for  the  support  of  the  inclosure  walls  shall  be  placed 
at  the  floor  line  of  each  story. 

The  skeleton  steel  frame  of  a  building  shall  be  independent 
from  that  of  an  adjoining  building,  and  the  frame  of  one  build- 
ing shall  not  be  bolted  or  riveted  in  any  manner  to  the  frame  of 
any  other  building. 

Foundations  of  Structural  Iron  and  Steel  Columns. 
Foundations  of  structural  iron  and  steel  columns  shall  be  of 
Portland  concrete  and  all  such  structural  columns  shall  rest  on 
either  cast  iron  or  steel  bases,  proportioned  so  as  to  distribute 
the  entire  load  on  the  column  safely  to  the  concrete  foundation. 
All  columns  shall  be  properly  secured  to  the  bases. 

Framing. 

Every  portion  of  a  steel  skeleton  shall  be  strong  enough  to 
carry  the  superimposed  load  without  relying  upon  the  walls  in- 
closing the  frame,  and  all  structural  members  shall  be  connected! 
continuously  with  riveted  connections  from  the  foundation  to  the 
top  of  the  building. 

All  metal  columns,  girders  and  beams  and  all  portions  of  the 
structural  steel  of  the  skeleton  shall  be  so  designed  where  possi- 
ble that  all  connections  shall  be  accessible  after  erection,  for 
the  purpose  of  inspection,  cleaning  and  painting. 

§  117.     Steel  and  Wrought  Iron  Columns. 

No  main  part  of  a  steel  or  wrought  iron  column  shall  be  less 
than  five-sixteenths  (5-16)  of  an  inch  thick,  nor  of  less  thickness 
than  one-thirty-second  (1-32)  of  its  unsupported  width  measured 
transversely  between  rivet  centers. 

No  wrought  iron  or  rolled  steel  column  shall  have  an  unsup- 
ported length  of  more  than  forty  times  its  least  lateral  dimen- 
sion or  diameter,  except  as  modified  by  section  112  of  this  Code. 

The  ends  of  all  columns  shall  be  faced  to  a  plane  surface  at 
right  angles  to  the  axis  of  the  columns. 

And  the  connection  between  them  shall  be  made  with  splice 
plates. 


112  BUILDING  CODE. 


The  joint  may  be  effected  by  rivets  of  sufficient  size  and  num- 
ber to  transmit  the  entire  stress,  and  then  the  splice  plates  shall 
be  equal  in  sectional  area  to  the  area  of  column  spliced. 

When  the  section  of  the  columns  to  be  spliced  is  such  that 
spliced  plates  cannot  be  used,  a  connection  formed  of  plates  and 
angles  may  be  used,  designed  to  properly  distribute  the  stress. 

End  and  intermediate  stay  plates  are  to  have  a  thickness  of 
not  less  than  1-40  of  the  unsupported  width  measured  trans- 
versely between  rivet  centers. 

End  stay  plates  shall  have  a  length  not  less  than  the  greatest 
width  of  the  member. 

Intermediate  stay  plates  are  to  have  not  less  than  four  (4) 
rivets. 

Lattice  bars  shall  be  proportioned  to  the. size  of  the  member. 

They  must  not  be  less  than : 

Two  inches  in  width  for  members  nine  inches  or  less  in  width. 

Two  and  one-quarter  inches  in  width  for  members  nine  inches 
to  twelve  inches  in  width. 

Two  and  one-quarter  inches  in  width  for  members  nine  inches 
to  fifteen  inches  in  width. 

Single  lattice  bars  shall'  have  a  thickness  not  less  than  1-40 
of  the  distance  between  rivet  centers  connecting  them  to  the 
member.  Double  lattice  bars  must  be  connected  by  a  rivet  at 
the  intersection  and  be  not  less  in  thickness  than  1-60  of  the 
distance  between  rivet  centers  connecting  them  to  the  member. 

Single  lattice  bars  shall  be  inclined  not  less  than  60  degrees 
to  the  axis  of  the  member  and  double  lattice  bars  at  not  less 
than  45  degrees  to  the  axis  of  the  member. 

Steel  and  wrought  iron  columns  shall  be  made  in  one,  two  or 
three-story  lengths,  and  the  material  shall  be  rolled  in  one  length 
wherever  practicable  to  avoid  intermediate  splices. 

Where  any  part  of  the  section  of  a  column  projects  beyond 
that  of  the  column  below,  the  difference  shall  be  made  up  by  fill- 
ing plates  secured  to  column  by  the  proper  number  of  rivets. 

Shoes  of  iron  or  steel,  as  described  for  cast  iron  columns,  or 
built  shoes  of  plates  and  shapes  may  be  used,  complying  with 
same  requirements. 


BUILDING  CODE.  113 


§  118.     Cast  Iron  Columns. 
•   The  thickness  of  metal  in  cast  iron  columns  shall  be  not  less 
than  one-twelfth   (1-12)  the  greatest  lateral  dimension  of  cross 
section,  but  never  less  than  five-eighths  (■'/o)  of  an  inch. 

No  cast  iron  column  shall  be  less  than  five  (5)  inches  in 
diameter  or  least  lateral  dimension,  nor  shall  exceed  in  height 
thirty  times  its  least  horizontal  dimension  without  having  lateral 
support. 

All  cast  iron  columns  shall  be  of  good  workmanship  and 
material,  and  shall  be  tested  and  inspected  before  being  placed 
in  position.  Thej^  shall  be  drilled  with  two  three-eighths  inch 
test  holes,  one  on  the  lower  surface  and  one  on  the  upper  sur- 
face of  the  columns  as  cast.  Such  other  test  holes  shall  be  bored 
as  the  Inspector  of  Buildings  may  deem  necessary. 

Wherever  blowholes  or  imperfections  are  found  in  a  cast  iron 
column  which  reduces  the  area  of  the  cross  section  at  that  point 
ten  (10)  per  cent,  such  column  shall  be  condemned. 

All  columns  shall  be  faced  at  the  ends  to  a  plane  surface  at 
right  angles  to  the  axis  of  the  column. 

Columns  shall  be  connected  to  each  other  by  not  less  than  four 
three-quarter-inch  bolts  in  each  connection. 

If  the  core  of  a  column  below  a  connection  is  larger  than  that 
above,  the  thickness  of  the  metal  in  the  top  of  the  lower  column 
shall  be  increased  to  make  up  the  difference.  This  increased 
thickness  shall  be  tapered  down  for  a  distance  of  not  less  than 
six  (6)  inches  from  the  end  of  the  column,  or  a  joint  plate  of 
sufficient  strength  to  distribute  the  load,  may  be  inserted  be- 
tween the  columns. 

Every  beam  supported  on  the  side  of  a  cast  iron  column  shall 
be  carried  on  a  bracket  projecting  out  from  the  face  of  the 
column  not  less  than  three  (3)  inches.  The  depth  of  the  bracket 
shall  be  not  less  than  twice  its  projection  and  it  shall  be  strong 
enough  to  carry  the  full  load  of  the  beam. 

The  metal  in  brackets,  lugs  and  flanges  shall  be  not  less  than 
one  (1)  inch  thick,  and  lugs  and  flanges  shall  be  strengthened 
by  fillets  and  three-quarters  inch  bracing  hibs. 

Iron  columns  shall  not  be  set  on  wood  in  any  building  and 
in  fireproof  or  semi-fireproof  buildings  they  shall  not  be  set  in 
stone  plinths  where  liable  to  be  subjected  to  fire. 

Iron  or  steel  shoes  or  plates  shall  be  used  under  the  bottom 


114  BUILDING- CODE. 


tier  of  columns,  when  necessary  to  properly  distribute  the  load 
on  the  foundation. 

Shoes  shall  be  planed  on  top. 

§  119.  Party  Wall  Columns. 
If  iron  or  steel  columns  are  to  be  used  as  party  columns  and 
intended  for  two  buildings,  then  the  said  columns  shall  be  not 
less  in  width  than  the  thickness  of  party  wall,  nor  less  in  depth 
than  the  thickness  of  the  wall  to  be  supported  above.  Iron  or 
steel  columns  in  front  of  side,  division  or  party  walls  shall  be 
filled  up  solid  with  masonry  and  made  perfectly  tight  between 
the  columns  and  walls.  Intermediate  columns  may  be  used  which 
shall  be  sufficiently  strong  and  the  lintels  thereon  shall  have 
sufficient  bearings  to  carry  the  weight  above  with  safety. 

§  120.     Cast  Iron  Lintels. 

Cast  iron  lintels  shall  not  be  used  for  spans  exceeding  eight 
(8)  feet. 

Cast  iron  lintels  or  beams  shall  not  be  less  than  three-quarters 
(%)  of  an  inch  in  thickness  and  shall  have  not  less  than  six  (6) 
inches  bearing  on  walls.  They  shall  rest  upon  cast  iron  or  steel 
plates  of  such  dimension  that  the  safe  load  on  walls  shall  not 
exceed  those  fixed  by  Section  108  of  this  Code. 

§  121.     Floor  and  Roof  Beams. 

All  floor  and  roof  beams  shall  be  full  weight,  straight,  and 
free  from  defects. 

When  two  or  more  beams  are  used  together,  they  shall  be 
connected  by  bolts  and  iron  separators  at  intervals  of  not  more 
than  five  (5)  feet.  All  beams  twelve  (12)  inches  and  over  in 
depth,  shall  have  at  least  two  bolts  to  each  separator. 

The  distance  between  tie  rods  in  floors  shall  not  exceed  eight 
(8)  feet  and  shall  not  exceed  eight  (8)  times  the  depth  of  floor 
beams  twelve  inches  and  under. 

The  tie  rods  shall  not  be  less  than  three-quarters  of  an  inch 
in  diameter,  and  shall  have  nuts  at  both  ends. 

Beams  resting  on  girders  shall  be  riveted  or  bolted  to  same. 
When  beams  are  joined  on  a  girder,  tie  straps  shall  be  used. 

The  compression  flange  of  plate  girders  shall  be  secured 
against  buckling. 


BUILDING  CODE.  115 


Stitfeners  shall  be  provided  over  supports  and  under  con- 
centrated loads ;  they  shall  be  of  sufficient  strength  as  a  column 
to  carry  the  loads  and  shall  be  connected  with  a  sufficient  num- 
ber of  rivets  to  transmit  the  stresses  into  the  wet  plate. 

Stitfeners  shall  fit  so  as  to  support  the  flanges  of  the  girder. 

§  122.     Rivets. 

The  distance  from  the  center  of  a  rivet  hole  to  the  edge  of 
the  material  shall  not  be  less  than  one  and  one-half  (IV2)  times 
the  diameter  of  the  rivet.  Wherever  possible,  however,  the  dis- 
tance shall  be  equal  to  two  diameters. 

All  rivets  wherever  practicable  shall  be  machine  driven. 
Rivets  in  connection  shall  be  proportioned  and  placed  to  suit  the 
stresses. 

The  pitch  of  rivets  in  structural  work  shall  never  be  less  than 
three  (3)   diameters  of  the  rivet  nor  more  than  six  (6)  inches. 

Gussets  shall  be  provided  wherever  required,  of  sufficient 
thickness  and  size  to  accommodate  the  number  of  rivets  necessary 
to  make  the  connections. 

Bolts. 

No  bolt  shall  be  used  in  the  connection  of  riveted  trusses, 
excepting  when  riveting  is  impracticable,  and  then  the  holes 
shall  be  reamed  in  place  and  turned  bolts  used. 

All  field  bolts  carrying  shear  shall  be  provided  with  washers 
at  least  one-quarter  (14)   of  an  inch  thick. 

§  123.     Steel  and  Wrought  Iron  Trusses. 

Trusses  shall  be  of  such  design  that  the  stresses  in  each  mem- 
ber can  be  calculated. 

All  trusses  shall  be  held  rigidly  in  position  by  efficient  systems 
of  lateral  and  sway  bracing.  Any  member  of  a  truss  subjected 
to  transverse  stress,  in  addition  to  direct  tension  or  compression 
shall  have  the  stresses  coming  on  the  member,  and  the  total 
stresses  thus  formed  shall  in  no  case  exceed  the  working  stresses 
stated  in  sections  109,  110  and  111  of  this  Code. 

For  tension  members,  the  actual  net  area  only,  after  deduct- 
ing rivet  holes  one-eighth  of  an  inch  larger  than  the  rivets,  shall 
be  considered  as  resisting  the  stress. 

If  the  axis  of  two  adjoining  web  members  do  not  intersect 
within  the  line  of  the  chords,  sufficient  area  shall  be  added  to  the 


116  BUILDING  CODE. 


chord  to  take  up  the  bending  strains,  or  the  web  members  shall 
be  connected  by  plates  so  arranged  that  the  axis  of  the  web  mem- 
bers prolonged  will  intersect  on  the  axis  of  the  chord. 

All  compression  members  in  pin-connected  trusses  shall  be 
proportioned,  using  seventy-five  (75)  per  cent  of  the  permissible 
working  stress  for  columns. 

The  heads  of  all  eye-bars  shall  be  made  by  upsetting  or  forg- 
ing. No  weld  will  be  allowed  in  the  body  of  the  bar.  Steel  eye- 
bars  shall  be  annealed.    Bars  shall  be  straight  before  boring. 

All  pin  holes  shall  be  bored  true,  and  at  right  angles  to  the 
axis  of  the  members,  and  must  fit  the  pin  within  one  thirty- 
second  (1-32)  of  an  inch.  The  distances  of  pin  holes  from  center 
to  center  for  corresponding  members  shall  be  alike,  so  that,  when 
piled  upon  one  another,  pins  will  pass  through  both  ends  without 
forcing. 

Eyes  and  screw  ends  shall  be  so  proportioned  that  upon  test 
to  destruction,  fracture  will  take  place  in  the  body  of  the  mem- 
ber.   All  pins  shall  be  accurately  turned. 

Pin-plates  shall  be  provided  wherever  necessary  to  reduce  the 
stresses  on  pins  to  the  working  stresses  prescribed  in  sections  110 
and  111  of  this  Code.  These  pin-plates  shall  be  connected  to  the 
members  by  rivets  of  sufficient  size  and  number  to  transmit  the 
stresses  without  exceeding  working  stresses. 

Pin-connected  riveted  tension  members  shall  have  a  net  sec- 
tion area  through  pin  holes  of  twenty-five  (25)  per  cent  in  excess 
of  the  net  section  of  the  body  of  the  member. 

All  rivets  in  members  of  pin-connected  trusses  shall  be  ma- 
chine driven.  All  rivets  in  pin-plates  which  are  necessary  to 
transmit  stress  shall  be  also  machine  driven. 

The  main  connections  of  members  shall  be  made  by  pins. 
Other  connections  may  be  made  by  bolts. 

§  124.     Painting  of  Metal  Structural  Work. 

Where  surfaces  in  riveted  work  come  in  contact  with  each 
other,  they  shall  be  painted  before  assembling. 

Paint  shall  not  be  required  for  metal  structural  work  which 
is  to  be  thoroughly  imbedded  in  concrete  or  cement  grout  applied 
directly  against  the  metal,  except  where  surfaces  in  riveted  work 
come  in  contact  with  each  other. 


BUILDING  CODE.  117 


All  metal  structural  work  that  is  not  to  be  thoroughly  im- 
bedded in  concrete  or  cement  grout  shall  be  cleaned  of  all  scales, 
dust,  dirt  and  rust,  and  thoroughly  coated  with  at  least  one  coat 
of  suitable  paint ;  after  erection  all  such  work  shall  be  painted  at 
least  one  additional  coat. 

Cast  iron  columns  shall  not  be  painted  or  covered  until  after 
inspection  by  the  Department  of  Buildings. 

All  iron  or  steel  used  under  water  shall  be  enclosed  with  con- 
crete. 


PART  XVIII. 

CONCRETE  AND  CONCRETE  BLOCK  CONSTRUCTION. 

§  125.     Reinforced  Concrete  Construction. 

Design. 

Before  work  is  commenced  upon  any  structure  of  reinforced 
concrete,  complete  drawings  and  specifications  shall  be  filed  in 
the  office  of  the  Inspector  of  Buildings  showing  all  details  of 
the  construction,  the  size  and  position  of  all  reinforcing  rods, 
and  the  manner  in  which  the  materials  composing  the  concrete 
are  to  be  proportioned. 

Strain  Sheets  and  Computations. 

Strain  sheets  and  computations  shall  be  filed  and  the  static 
computations  shall  give  the  loads  assumed  separately  such  as 
dead  and  live  loads  (wind  and  impact,  if  any)  and  the  resulting 
stresses. 

The  designs  shall  not  be  based  upon  any  assumption  or  com- 
putation contrary  to  the  established  principles  of  statics  and 
mechanics,  and  the  unit  stresses  for  any  material  entering  into 
the  construction,  shall  not  exceed  those  provided  for  in  this  ordi- 
nance. 

§  126.     Materials. 

Portland  cement  and  broken  stone  or  gravel  shall  be  used  in 
all  reinforced  concrete. 

Cinders  shall  not  be  used  in  concrete  mixture,  either  for  re- 
inforced concrete  or  fireproofing. 

All  materials  shall  meet  the  requirements  of  sections  22  and 
23  of  this  Code. 


118  BUILDING  CODE. 


In  beam,  girder,  floor  and  column  construction,  the  broken 
stone  shall  be  small  enough  to  pass  through  a  one-inch  ring  and 
the  concrete  shall  be  mixed  in  the  proportion  of  one  part  of 
cement  and  two  parts  of  sand  and  four  parts  of  broken  stone 
or  gravel. 

§  127.     Forms. 

All  form  work  shall  be  substantial  and  unyielding  and  be  tight 
to  prevent  the  leakage  of  water,  and  put  up  in  such  a  manner 
that  it  can  be  readily  removed  without  disturbing  the  concrete. 

Forms  shall  not  be  removed  until  after  an  inspection  of  the 
concrete  to  ascertain  its  hardness  has  been  made.  In  general 
no  form  shall  be  removed  in  less  than  two  (2)  days  after  the 
concrete  is  placed,  and  shores  under  beams  and  girders  must 
remain  in  place  at  least  twenty  (20)  days. 

The  centering  for  beams,  girders  and  floors  shall  not  be  re- 
moved until  all  parts  of  the  finished  floor  are  strong  enough  to 
support  themselves  and  the  loads  that  may  come  upon  them  dur- 
ing constructions. 

§  128.     Columns. 

No  reinforced  concrete  columns  shall  be  longer  in  the  clear 
than  fifteen  (15)  times  its  least  outside  dimension  in  cross 
section. 

Any  column  built  above  another  and  acting  continuously  with 
it,  shall  not  at  any  point  overhang  the  lower  one. 

The  construction  of  a  reinforced  concrete  column  in  a  build- 
ing shall  commence  upon  the  top  of  a  finished  floor  or  girder,  and 
shall  continue  without  interruption  to  the  under  side  of  the  floor 
or  girders  next  above. 

Girders  shall  never  be  constructed  over  freshly  formed 
columns  without  permitting  a  period  of  at  least  two  hours  to 
elapse,  thus  providing  for  settlement  or  shrinkage  in  the 
columns.  Before  resuming  work,  the  top  of  the  column  shall 
be  thoroughly  cleansed  of  foreign  matter  and  laitance.  If  the 
concrete  in  the  column  has  become  hard,  the  top  shall  also  be 
drenched  and  slushed  with  mortar  consisting  of  one  part  Port- 
land cement  and  not  more  than  two  parts  fine  aggregate  before 
placing  additional  concrete. 

The  reinforcing  bars  shall  be  securely  held  in  exact  position 
while  the  concrete  is  being  laid. 


BUILDING  CODE.  119 


The  concrete  shall  cover  the  reinforcing  bars  at  all  points 
at  least  one  and  one-half  (IV2)  inches,  and  in  calculating  the 
strength  of  a  reinforced  concrete  column,  this  outside  one  and 
a  half  inches  of  concrete  shall  not  be  counted  as  part  of  the  sec- 
tion of  a  column. 

Reinforced  concrete  columns  must  contain  at  least  four   (4) 
vertical  steel  bears  on  square  columns.    They  shall  be  placed  at 
the  corners.     In  any  case,  the  reinforcement  shall  be  near  the 
perimeter. 

All  such  vertical  bars  shall  be  connected  and  prevented  from 
spreading  by  hoops  made  of  wire,  rods  or  bars,  spaced  not  more 
than  twelve   (12)   inches  apart. 

The  hoops  must  be  firmly  fastened  to  the  bars  by  wiring. 

Where  columns  are  greater  than  eighteen  (18)  inches  wide, 
a  greater  number  of  bars  shall  be  used,  so  that  the  spacing  on 
the  edge  of  the  column  shall  not  be  greater  than  sixteen  (16) 
inches  apart. 

In  all  cases,  reinforced  columns  must  contain  at  least  one 
per  cent  of  vertical  steel  and  must  in  all  cases  have  a  positive 
means  of  confining  the  concrete  and  steel,  either  by  spiral  re- 
inforcement, or  hoops  encasing  the  vertical  bars. 

Where  more  than  four  (4)  bars  occur  in  a  column,  the  ad- 
ditional bars  must  be  hooped  independently  from  the  hoops  en- 
closing the  corner  bars. 

Beams  and  Slabs. 

The  plan  length  for  beams  and  slabs  shall  be  taken  as  the 
distance  from  center  to  center  of  supports,  but  shall  not  be 
taken  to  exceed  the  clear  space  plus  the  depth  of  beam  or  slab. 

Brackets  shall  not  be  considered  as  reducing  the  clear  span 
in  the  sense  here  intended. 

§  129.     T  Beams. 

In  beam  and  slab  construction,  an  effective  bond  shall  be  pro.- 
vided  at  the  junction  of  the  beam  and  slab.  When  the  principal 
slab  reinforcement  is  parallel  to  the  beam,  transverse  reinforce- 
ment shall  be  used  extending  over  the  beam  and  well  into  the 
slab. 

When  adequate  bond  between  slab  and  web  of  beam  is  pro- 
vided the  slab  may  be  considered  as  an  integral  part  of  the  beam. 


120  BUILDING  CODE. 


but  its  effective  width  shall  be  determined  by  the  following  rules : 

(a)  It  shall  not  exceed  one-fourth  of  the  span  length  of  the 
beam. 

(b)  Its  overhanging  width  on  either  side  of  the  web  shall  not 
exceed  four  times  the  thickness  of  the  slab. 

In  the  design  of  the  T  beams  acting  as  continuous  beams,  due 
consideration  should  be  given  to  the  compression  stresses  at  the 
support. 

The  dimensions  of  a  beam  or  girder  and  its  reinforcement 
shall  be  determined  and  fixed  in  such  a  way  that  the  strength 
of  a  metal  in  tension  shall  measure  the  strength  of  the  beam 
or  girder.,  If  the  concrete  in  compression,  including  the  allow- 
able concrete  in  adjoining  floor  construction  does  not  afford  suflfi- 
cient  strength  for  that  purpose,  the  compression  side  of  the 
beam  or  girder  in  question  shall  also  be  reinforced  with  metal. 

A  beam  or  girder  carrying  a  concentrated  load  shall  be  rein- 
forced if  necessary  for  shear. 

Neither  the  reinforcing  metal  nor  the  concrete  shall  be  sub- 
jected to  combined  stresses  so  as  to  exceed  in  combination  the 
stresses  allowable  separately. 

Wherever  possible,  beams  and  girders  and  also  their  inter- 
mediate floor  construction  shall  be  made  continuous.  Rein- 
forcing metal  shall  be  used  for  that  purpose  in  the  top  of  all 
connecting  members  at  the  point  of  support,  and  shall  be  suffi- 
cient both  in  section  and  length  to  prevent  fracture  at  the  point 
of  support  when  the  connecting  members  are  carrying  twice 
their  full  calculated  load. 

§  130.     Floor  Slabs. 

No  floor  slab  shall  be  less  than  four  (4)  inches  thick. 

The  reinforcing  metal  in  the  bottom  of  a  floor  slab  may  be 
deflected  to  the  top  of  the  slab  along  the  line  of  support,  or  sep- 
arate reinforcing  material  may  be  used  for  the  reinforcement  in 
the  top  of  the  slab.  In  either  case,  however,  if  a  part  of  the  slab 
is  considered  as  a  part  of  the  beam  or  girder,  the  reinforcing 
material  used  in  the  slab  must  cross  the  full  width  both  of  the 
beam  or  girder  and  the  part  of  the  slab  so  considered.  In  all 
cases,  the  rods,  bars,  or  strands  of  such  reinforcement  shall  be 
not  more  than  ten  (10)  inches  apart. 


BUILDING  CODE.  121 


Floor  slabs  shall  be  designed  and  reinforced  as  continuous 
over  the  supports.  If  the  length  of  the  slab  exceeds  1.5  times  its 
width,  the  entire  load  shall  be  carried  by  transverse  reinforce- 
ment ;  square  slabs  may  M^ell  be  reinforced  in  both  directions. 

In  floors  reinforced  in  two  directions,  the  reinforcement  over 
the  supports  may  be  limited  to  the  middle  half  of  the  support. 

Deformed  bars  must  be  imbedded  at  least  thirty  (30)  times 
their  diameter  and  plain  bars  forty  (40)  times  their  diameter 
w^here  the  full  strength  of  the  bar  is  to  be  developed.  Where 
this  distance  cannot  be  obtained,  the  bar  must  be  hooked  with 
a  six-inch  hook,  and  if  this  is  not  sufficient,  a  stub  must  be  placed 
in  the  hook. 

In  no  case  shall  steel  be  lapped  or  spliced  except  over  the  sup- 
ports. 

All  tension  bars  for  reinforcing  positive  bending  moments 
between  supports  must  run  the  full  length  of  the  beam  and  ex- 
tend into  the  support.     No  welds  will  be  allowed. 

Turnbuckles  or  sleeve  nuts  properly  designed  may  be  used. 

Where  floor  slabs  are  supported  by  a  brick  or  stone  wall,  thej^ 
must  have  at  least  four  (4)  inches  bearing,  and  the  floor  steel 
must  run  in  the  full  four  inches. 

Where  concrete  floors  are  to  be  used  without  being  covered 
with  some  other  wearing  surface,  a  cement  finish  of  at  least  one 
part  cement  to  two  parts  sand  and  at  least  one-half  of  an  inch 
thick  must  be  firmly  bonded  to  the  structural  concrete,  and  in 
no  case  shall  this  finish  be  considered  a  part  of  the  structural 
thickness  of  the  floor  slab,  but  must  be  allowed  entirely  for  wear- 
ing surface. 

Protection  of  Metal, 

In  reinforced  beams  and  girders,  all  main  bars  must  have 
at  least  one  and  a  half  inches  of  concrete  protection,  and  stirrups 
or  prongs  one-half  inch. 

In  slabs  the  main  tension  reinforcement  must  have  at  least 
one-inch  concrete  protection. 

§  131.     Assumption  in  Designs. 

The  design  of  any  reinforced  concrete  structural  member  shall 
be  based  upon  the  following  assumption: 


122  BUILDING  CODE. 


Internal  Stresses. 

(1)  The  modulus  of  elasticity  of  concrete  in  compression 
within  the  usual  limits  of  working  stresses  is  constant. 

(2)  The  tensile  strength  of  concrete  shall  not  be  considered, 
but  the  steel  shall  take  all  the  tensile  stresses. 

(3)  The  bond  between  the  concrete  and  the  steel  is  sufficient 
to  make  the  two  materials  act  together  as  a  homogeneous  solid. 

(4)  The  ratio  of  the  modulus  of  elasticity  of  steel  to  the 
modulus  of  elasticity  of  concrete  shall  be  taken  at  fifteen. 

(5)  The  strain  in  any  fiber  is  directly  proportionate  to  the 
distance  of  that  fiber  from  the  neutral  axis. 

§  132.     Working  Stresses. 
The  following  working  stresses  shall  be  taken  for  static  loads. 
Proper  allowances  for  vibration  and  impact  shall  be  added  to 
live  loads  when  necessary  to  produce  an  equivalent  static  load 
before  applying  the  unit  stresses  in  proportioning  parts. 

The  compression  strength  of  the  concrete  shall  be  not  less 
than  2,000  pounds  per  square  inch  in  twenty-eight  days,  tested 
in  cylinders  eight  inches  in  a  diameter  and  sixteen  inches  long 
under  laboratory  conditions  of  manufacture  and  storage  using 
the  same  consistency  as  in  the  field. 

On  the  basis  of  2,000  pounds  ultimate  strength,  the  working 
stress  in  direct  compressing  will  be  taken  at  650  pounds  per 
square  inch. 

(1)  Compression  on  columns  with  longitudinal  reinforce- 
ment only — 450  pounds  per  square  inch. 

(2)  Columns  with  reinforcement  of  bands  or  hoops — 540 
pounds  per  square  inch. 

(3)  Columns  reinforced  with  not  less  than  one  per  cent  and 
not  more  than  four  per  cent  of  longitudinal  bars  and  with  bands 
or  hoops — 650  pounds  per  square  inch. 

(4)  Columns  reinforced  with  structural  steel  column  units 
which  thoroughly  encase  the  concrete  case — 650  pounds  per 
square  inch. 

Compression  in  Extreme  Fiber. 

The  maximum  allowable  stress  in  bending  on  concrete  in  com- 
pression shall  be  650  pounds. 


BUILDING  CODE.  123 


Shear. 

The  maximum  allowing  stress  on  concrete  in  shearing  shall  be 
50  pounds. 

Reinforcement. 

The  tensile  stress  in  steel  shall  not  exceed  16,000  pounds. 

The  compression  stress  in  reinforcing  steel  shall  not  exceed 
16,000  pounds,  or  fifteen  times  the  working  compression  stress 
in  the  concrete. 

§  133.     Design  Maj^  Be  Varied. 

If  the  builder  desires  to  use  a  system  not  covered  by  or  vary- 
ing from  the  above  conditions  as  to  design,  he  shall  submit  to  the 
Inspector  of  Buildings  plans  and  specifications,  giving  in  detail 
the  construction  and  formulas  he  uses  in  his  design,  and  they 
shall  be  such  as  can  be  checked  properly  and  kept  on  record  by 
the  Department  of  Buildings. 

The  builder  shall  then  make  a  destruction  test,  or  present  evi- 
dence satisfactory  to  the  Inspector  of  Buildings  that  such  test 
has  been  made  with  full  particulars  of  the  result  of  said  test. 
If  said  test  shows  that  based  on  the  specifications  submitted  the 
construction  has  a  factor  of  safety  of  four  (4)  on  the  total  dead 
and  live  load,  the  said  system  may  be  used  in  accordance  with 
said  specifications. 

§  134.     Concrete  Blocks. 

Hollow  concrete  building  blocks  may  be  used  for  buildings 
three  stories  or  less  in  height  where  said  blocks  conform  to  the 
requirements  of  this  Code,  provided,  however,  that  such  blocks 
shall  be  composed  of  at  least  one  part  of  Standard  Portland 
cement  and  not  to  exceed  three  parts  clean,  coarse,  sharp  sand 
or  gravel,  and  five  parts  of  crushed  rock  or  other  suitable  aggre- 
gate. 

The  hollow  spaces  or  recesses  in  such  blocks  shall  not  ex- 
ceed one-half  its  area,  and  the  height  shall  not  exceed  four  and 
a  half  times  the  thickness  of  the  web. 

The  thickness  of  walls  for  any  building  where  hollow  concrete 
blocks  are  used  may  be  10  per  cent  less  than  is  required  by  law 
for  brick  walls. 

Where  the  face  only  is  of  hollow  concrete  building  block,  and 
the  backing  is  of  brick,  the  facing  of  hollow  concrete  blocks 
must  be  strongly  bonded  to  the  brick,  either  with  headers  pro- 


124  BUILDING  CODE. 


jecting  four  inches  into  the  brickwork,  every  fourth  course  being 
a  heading  course,  or  with  approved  ties;  no  brick  backing  to  be 
less  than  eight  inches.  Where  the  walls  are  made  entirely  of 
hollow  concrete  blocks,  but  where  said  blocks  have  not  the  same 
width  as  the  wall,  every  fifth  course  shall  extend  through  the 
wall,  forming  a  secure  bond.  All  walls  where  blocks  are  used 
shall  be  laid  up  in  cement  mortar. 

All  hollow  concrete  building  blocks  before  being  used  in  the 
construction  of  any  building  in  the  city  of  Louisville  shall  have 
attained  the  age  of  at  least  three  weeks. 

Wherever  girders  or  joists  rest  upon  walls  so  that  there  is  a 
concentrated  load  on  the  block  of  over  two  tons,  the  blocks  sup- 
porting the  girder  or  joists  must  be  made  solid.  Where  such 
concentrated  load  shall  exceed  five  tons,  the  blocks  for  two 
courses  below  and  for  a  distance  extending  at  least  eighteen 
inches  each  side  of  said  girder,  shall  be  made  solid.  Where  the 
load  on  the  wall  from  the  girder  exceeds  five  tons,  the  blocks  for 
three  courses  beneath  it  shall  be  made  solid  with  similar  material 
as  in  the  blocks.  Wherever  walls  are  decreased  in  thickness,  the 
top  course  of  the  thicker  wall  is  to  be  solid. 

No  blocks  shall  be  used  that  have  not  an  average  crushing 
strength  of  1,500  pounds  per  square  inch  of  area  at  the  age  of 
twenty-eight  days. 

All  piers  and  buttresses  that  support  loads  in  excess  of  five 
tons  shall  be  built  of  solid  concrete  blocks  for  such  distance  below 
as  may  be  necessary  for  safe  bearing  strength.  Concrete  lintels 
shall  be  reinforced  by  iron  or  steel  rods  in  a  manner  necessary 
for  safety,  and  any  lintels  spanning  over  four  feet  six  inches  in 
the  clear  shall  rest  on  solid  concrete  blocks. 

Provided,  that  no  hollow  concrete  building  blocks  shall  be 
used  in  the  construction  of  any  building  in  the  city  of  Louis- 
ville, unless  the  brand  or  mark  or  identification  has  been  im- 
pressed in,  or  otherwise  permanently  attached  to  each  block 
for  the  purpose  of  identification ;  said  brand  or  mark  to  con- 
tain the  name  of  the  manufacturer  and  date  that  said  block  was 
made. 

The  Inspector  of  Buildings  may  require  full  tests  to  be  made 
of  samples  selected  from  the  open  market  or  from  material  actu- 
ally going  into  construction,  when  in  his  opinion  there  is  a  doubt 
as  to  whether  the  product  is  up  to  the  standard  of  these  regula- 


BUILDING  CODE.  125 


tions.  Such  tests  must  be  made  by  some  laboratory  of  recog- 
nized standing. 

Such  tests  shall  be  at  the  expense  of  the  manufacturer  or  user 
of  such  concrete  blocks. 

The  Inspector  of  Buildings  may  also  require  tests  of  absorp- 
tion and  the  percentage  of  absorption  (being  the  weight  of  water 
absorbed  divided  by  the  weight  of  the  dry  sample)  must  not 
average  higher  than  7  per  cent  and  must  not  exceed  10  per  cent. 

The  names  of  the  persons,  firms  or  corporations  and  the  re- 
sponsible oflEicers  thereof  must  be  placed  on  file  with  the  Building 
Department,  and  changes  of  same  promptly  reported  in  order 
that  the  blocks  manufactured  by  such  persons,  firms  or  corpora- 
tions may  be  used  in  the  city  of  Louisville. 


PART  XIX. 

SIGNS. 
§  135.     Permits. 

A  permit  must  be  obtained  from  the  Department  of  Buildings 
to  erect  a  sign  of  any  description. 

All  permits  for  signs  which  are  to  project  over  any  sidewalk 
or  public  way  shall  be  subject  to  the  approval  of  the  Board  of 
Public  Works. 

No  sign  shall  be  supported  from  the  sidewalk  or  from  a  point 
outside  the  sidewalk. 

Signs  may  be  carried  upon  the  front  of  a  building,  but  no 
sign,  except  an  electric  sign,  as  provided  in  section  138  hereof, 
shall  project  from  any  building  and  over  any  public  way  of  the 
city  of  Louisville. 

No  wood  sign  more  than  two  (2)  feet  in  width  shall  be  erected 
on  any  building. 

Every  sign  more  than  twenty  (20)  feet  above  the  sidewalk 
shall  be  made  entirely  of  metal. 

§  136.     Roof  Signs. 
•  No  sign  shall  be  placed  on  a  roof  of  any  structure,  except  it 
be  constructed  of  metal,  and  such  construction  shall  be  of  open 
mesh  work  and  entirely  approved  in  construction  and  fastings 
by  the  Inspector  of  Buildings. 


126  BUILDING  CODE. 


§  137.     Sign  or  Bill  Boards. 

No  signs  or  bill  boards  erected  on  uprights,  or  any  other  sup- 
ports extending  to  the  ground  shall  be  at  any  point  more  than 
twelve  (12)  feet  above  the  surface  of  the  ground,  and  shall  be 
properly  supported  and  braced. 

There  shall  be  an  open  space  of  six  (6)  feet  between  each  bill 
board  and  any  adjoining  structure. 

There  shall  be  an  open  space  not  less  than  two  (2)  feet  be- 
tween any  two  boards. 

No  bill  board  shall  exceed  five  hundred  (500)  square  feet  in 
area. 

All  signs  which  are  dangerous  in  any  manner  whatever  shall 
be  repaired  and  made  safe,  or  taken  down  by  the  owner. 

Nothing  herein  contained  shall  prevent  the  owners  or  opera- 
tors of  any  open  air  place  of  amusement  or  ball  park,  wholly 
surrounded  by  streets,  vacant  grounds  or  railroad  rights  of  way 
from  erecting  or  maintaining  suitable  screens  about  the  same 
in  accordance  with  plans  approved  by  the  Inspector  of  Build- 
ings, or  from  displaying  advertising  matter  on  such  screens. 

The  foregoing  paragraphs  of  this  section  shall  apply  to  exist- 
ing bill  boards. 

§  138.     Electric  Signs. 

(1)  Permits  for  signs  shall  be  granted  only  upon  the  basis 
of  representations  made  by  drawings  and  specifications  in  ink 
indicating  the  location,  quality  of  material  and  workmanship, 
full  dimensions  in  figures,  manner  of  fastening  the  signs  to 
the  structure,  actual  weight  including  all  fixtures,  and  the  num- 
ber and  candle  power  of  the  lights  and  their  location  on  the 
sign.  These  represntations  shall  be  made  by  written  applica- 
tion on  blanks  furnished  by  Building  Inspector,  sighed  by  the 
owner  or  tenant  of  building  and  by  the  erecting  contractor. 

(2)  All  signs  shall  be  of  metal  or  other  approved  incom- 
bustible material.  All  signs  shall  be  properly  stayed,  bolted  and 
anchored  with  proper  supports  of  metal.  Metal  work  shall  not 
be  secured  by  driving  the  same  into  joints  of  masonry,  or  into 
wedging  or  wooden  blocks.  In  the  case  of  masonry,  connections 
shall  be  made  by  expansion  bolts  inserted  not  less  than  four  (4) 
inches,  or  by  bolting  through  the  wall.  Expansion  bolts  shall 
be  thoroughly  and  properly  cemented  or  leaded  into  the  drilling 
part  of  the  masonry. 


BUILDING  CODE.  127 


(3)  No  sign  shall  project  beyond  the  curb,  or  more  than 
nine  (9)  feet  beyond  the  property  line,  or  be  more  than  four 
(4)  feet  wide  or  be  less  than  nine  (9)  feet  above  the  sidewalk. 

(4)  No  sign  except  a  vertical  sign  shall  weigh  more  than  four 
hundred   (400)   pounds,  including  all  attachments. 

(5)  Vertical  signs  weighing  more  than  four  hundred  (400) 
pounds  may  be  permitted.  All  vertical  signs  must  be  located 
in  the  middle  one-third  of  the  building,  except  that  where  a 
house  is  on  a  corner,  a  vertical  sign  may  also  be  located  in  the 
outer  third. 

(6)  Every  sign  shall  have  one  visible  lamp  of  four  (4)  candle 
power  for  every  one  and  one-quarter  square  feet  of  each  side 
of  the  sign  surface.  No  sign  shall  be  allowed  which  has  a  total 
of  less  than  20  lamps  of  four-candle  power  each.  If  lamps  of 
less  candle  power  are  used,  the  number  of  lamps  shall  be  pro- 
portionately increased. 

(7)  Both  sides  of  all  signs  shall  be  equally  illuminated  until 
10  o'clock  each  night,  for  not  less  than  six  nights  per  week. 

(8)  Signs  shall  not  obstruct  or  be  attached  to  any^  part  of 
a  fire  escape,  and  where  a  sign  is  hung  near  any  fire  escape,  it 
shall  be  arranged  to  swing  away  from  such  fire  escape. 


PART  XX. 

FIREPROOF  CONSTRUCTION. 

§  139.     Foundation  and  Walls. 

All  foundations,  retaining  walls,  bearing  walls,  and  piers  in 
fireproof  buildings  shall  be  made  of  brick  or  stone  laid  in  cement 
mortar,  or  of  concrete,  plain  or  reinforced,  or  of  iron  or  steel 
columns  and  beams  enclosed  in  brick,  tile,  or  concrete  masonry. 
Wood  shall  not  enter  into  their  construction. 

Floors  and  Roofs. — Floors  and  roofs  shall  be  constructed  of 
beams  made  of  steel  or  of  reinforced  concrete,  properly  spaced 
and  tied,  and  spanned  with  arches  or  slabs  made  of  fire-resisting 
materials,  and  of  sufficient  strength  to  carry  the  loads  for  which 
they  are  designed. 

Partitions. — Fireproof  partitions  subdividing  the  space  on 
the  floor  of  a  fireproof  building  may  be  built  of  steel  or  iron 
uprights  not  more  than  16  inches  on  centers,  lathed  with  metal 


128  BUILDING  CODE. 


laths  and  plastered  both  sides  to  a  thickness  of  not  less  than 
one  and  three-quarter  inches,  or  they  may  be  built  of  hollow 
burnt  clay,  or  other  incombustible  hollow  building  blocks.  To 
provide  foundation  for  wood  door  and  window  trim  or  other 
wood  interior  finish,  wood  frames  may  be  set  up  in  the  parti- 
tion for  the  openings  and  narrow  wood  strips  may  be  built  in 
for  other  wood  finish.  Partitions  subdividing  space  on  the  floor 
of  a  fireproof  building  (the  arrangement  of  which  may  be 
changed)  may  be  set  upon  the  wood  floor. 

The  flooring  may  be  of  wood  not  exceeding  one  and  one-eighth 
inches  in  thickness,  nailed  to  wood  sleepers  not  exceeding  two 
inches  by  four  inches,  imbedded  in  concrete  to  the  under  side  of 
flooring. 

The  interior  finish,  window  frames,  sash  and  doors  may  be 
of  wood. 

No  window  opening  on  a  side  next  to  an  alley  or  other  side 
not  on  a  street  below  the  eighth  story  of  a  fireproof  building 
shall  have  either  wood  frames  or  sash,  but  shall  have  metal 
frames  and  sash  with  wire  glass. 

Stairs. — The  stairs  and  staircase  landings  shall  be  constructed 
of  brick,  stone,  concrete,  iron  or  steel  or  a  combination  of  these 
materials. 

In  all  fireproof  buildings  other  than  stores,  warehouses  and 
factories,  if  exceeding  three  stories  or  forty  feet  in  height,  the 
stair  halls  shall  be  enclosed  on  each  story  with  fireproof  material 
same  as  required  for  elevators  to  so  form  an  enclosure,  the  floor 
area  of  which  shall  not  be  more  than  three  times  the  united  area 
of  the  floor  openings  for  the  elevators  and  stairs. 

§  140.     Fireproof  Shutters  and  Doors. 

Every  building,  except  private  dwelling  houses,  churches, 
hotels,  lodging  houses,  apartment  houses,  tenements,  schools, 
and  other  places  of  public  assembly,  shall  have  fireproof  doors, 
blinds  or  shutters,  hinged  to  wrought  iron  eyes  built  into  the 
wall  on  every  exterior  window  and  opening  above  the  first  story 
thereof;  excepting  on  the  front  openings  of  buildings  fronting 
on  streets  or  where  no  other  buildings  are  within  fifty  feet  of 
such  openings. 

The  said  doors,  blinds  or  shutters  shall  be  of  a  standard  con- 
struction, that  is,  constructed  of  pine  or  other  soft  wood  of  two 


BUILDING  CODE.  129 


or  three  thicknesses  (depending  on  size)  of  matched  boards, 
clinched-nailed,  at  right  angles  or  placed  diagonally  with  each 
other  and  securely  covered  with  tin  on  both  sides  and  all  edges 
with  folded  lapped  joints,  the  nails  for  fastening  the  same  being 
driven  inside  the  lap ;  the  hinges  and  bolts  or  latches  shall  be 
secured  or  fastened  to  the  door  or  shutter  by  wrought  iron  bolts 
passing  through  the  door  or  shutter  and  secured  by  nuts  and 
washers  on  the  opposite  side  after  the  same  has  been  covered 
with  the  tin,  and  such  doors  and  shutters  shall  be  hung  upon  a 
wrought  iron  frame  independent  of  the  woodwork  of  the  win- 
dows and  doors,  or  to  wrought  iron  hinges  securely  fastened  in 
the  masonry. 

All  windows  and  doors  in  a  wall  of  any  building  built  upon 
a  party  line  above  the  roof  of  an  adjoining  building  shall  like- 
wise be  protected  with  fire  shutters. 

All  outside  fireproof  shutters  must  be  closed  at  night,  and 
any  person,  firm  or  corporation  failing  to  keep  closed  at  night 
time  any  outside  fireproof  shutter  on  any  building  owned  or 
occupied  by  said  person,  firm  or  corporation,  shall  be  deemed 
guilty  of  a  misdemeanor  and  on  conviction  shall  be  fined  not 
less  than  ten  ($10)  or  more  than  one  hundred  ($100)  dollars 
for  each  offense,  and  each  night  said  fireproof  shutters  are  not 
so  closed  shall  be  deemed  a  separate  offense,  provided  that  where 
such  building  to  which  said  outside  fireproof  shutters  are  at- 
tached is  a  factory  or  other  building  being  operated  in  the  same 
manner  at  night  time  that  it  is  operated  in  the  day  time,  then 
said  penalty  shall  not  be  enforced. 

§  141.     Metal  Window  Frames  and  Sash  and  Wired  Glass. 

On  any  opening  where  the  window  frame  and  sash  are  of  metal 
and  the  sash  are  glazed  with  wire  glass  not  less  than  one-quarter 
of  an  inch  in  thickness,  and  each  pane  measuring  not  more  than 
seven  hundred  and  twenty  square  inches,  the  same  shall  be  deem- 
ed an  equivalent  of  and  a  substitute  for  fireproof  shutters. 

§  142.     Shutters  Arranged  to  be  Opened  from  the  Outside. 

All  shutters  opening  on  fire  escapes,  and  at  least  one  row 
vertically  in  every  three  vertical  rows  on  the  front  window  open- 
ings above  the  first  story  of  any  building,  shall  be  so  arranged 
that  they  can  be  readily  opened  from  the  outside  by  firemen. 


130  BUILDING  CODE. 


Rolling  Metal  Shutters. — No  rolling  iron  or  steel  shutters  shall 
be  hereafter  placed  above  the  first  story  of  any  building,  and 
when  used  on  the  first  story  they  shall  be  counterbalanced  so 
that  said  rolling  shutters  may  be  readily  opened  by  the  firemen. 

§  143.     Fireproof  Floor  Fillings  Between  Beams. 

Between  the  wrought  iron  or  steel  floor  beams  may  be  placed 
arches  made  of  brick  or  of  hollow  tile  of  hard-burnt  clay,  semi- 
porous  or  porous  terra  cotta  of  uniform  density  and  hardness 
of  burn,  or  the  space  between  the  beams  may  be  filled  with  arches 
of  Portland  cement  concrete,  plain  or  reinforced,  but  in  any  case, 
detail  plans  and  strain  sheets  shall  be  submitted  to  the  Inspec- 
tor of  Buildings  showing  the  details  of  proposed  construction, 
and  no  material  in  any  part  of  the  design  shall  be  subjected  to 
a  greater  working  stress  than  is  prescribed  in  part  XVI  of  this 
Code. 

The  Inspector  of  Buildings  may  require  that  an  actual  test 
be  made  of  the  proposed  floor  construction,  such  test  to  be  made 
under  his  supervision  and  at  the  expense  of  the  owner  or  con- 
tractor, and  the  floor  constructed  be  subjected  to  a  fire  test  under 
a  maximum  floor  load. 

Duly  authenticated  records  of  tests  heretofore  made  of  any 
system  of  fireproof  floor  filling  and  protection  of  the  exposed 
parts  of  the  beams  may  be  presented  to  the  Inspector  of  Build- 
ings, and  if  the  same  be  satisfactory  to  said  inspector,  it  shall  be 
accepted  as  conclusive. 

§  144.     Incasing  Interior  Columns. 

All  cast  iron,  wrought  iron  or  rolled  steel  columns,  including 
the  lugs  and  brackets  on  same  used  for  vertical  supports  in  the 
interior  of  any  fireproof  building,  or  used  to  support  any  fire- 
proof floor,  shall  be  entirely  protected  with  not  less  than  four 
inches  of  hard-burned  brickwork,  terra  cotta,  concrete  or  other 
fireproof  material,  without  any  air  space  next  to  the  metal, 
securely  applied,  but  no  plaster  of  paris  or  lime  mortar  shall  be 
used  for  this  purpose,  nor  shall  any  plaster,  whether  or  not  on 
metal  lathing,  be  considered  a  part  of  the  covering  required. 

No  single  block  or  unit  of  insulating  material  used  for  column 
covering  shall  have  a  greater  vertical  dimension  than  six  inches 
when  placed  in  position,  nor  shall  the  shells  and  webs  of  hollow 


BUILDING  CODE.  131 


tile  or  terra  cotta  blocks  be  less  than  five-eighths  inch  in  thick- 
ness, and  these  blocks  shall  be  laid  up  with  Portland  cement 
mortar,  and  the  said  blocks  be  suitably  tied  or  anchored  together. 

The  extreme  outer  edges  of  lugs,  brackets  and  similar  sup- 
porting metal  may  protect  to  within  seven-eighths  of  an  inch 
of  the  surface  of  the  fireproofing. 

The  fireproof  coverings  shall  start  upon  the  fireproof  floors 
and  continuously  extend  to  the  fireproof  ceilings  or  under  side 
of  girders  above  and  be  entirely  independent  of  any  ornamental 
base  or  capital. 

No  pipes,  wires  or  conduit  of  any  kind  shall  be  incased  in  the 
fireproofing  surrounding  any  column,  girder  or  beam  of  steel  or 
iron,  but  shall  be  placed  outside  of  such  fireproofing. 

Where  the  fireproof  protection  of  columns  is  exposed  to 
damage  from  the  trucking  or  handling  of  merchandise,  such 
fireproof  protection  shall  be  jacketed  on  the  outside,  for  a 
height  not  less  than  four  feet  from  the  floor  with  sheet  metal 
or  with  vertical  strips  of  oak ;  and  if  the  oak  be  used  for  such 
purpose  the  vertical  strips  shall  be  sufficiently  separated  from 
each  other  always  to  show  that  the  woodwork  of  the  guard  has 
been  placed  entirely  on  the  outside  of  the  fireproof  material 
which  incases  the  metal  column. 

§  145.  Incasing  Exposed  Sides  and  Bottom  and  Top  Plates  and 
Flanges  of  Girders  and  Beams. 

The  exposed  sides  of  wrought  iron  or  rolled  steel  girders, 
supporting  walls,  iron  or  steel  floor  beams  or  supporting  floor 
arches  of  floors  shall  be  entirely  incased  with  hard-burned  clay, 
porous  terra  cotta,  concrete  or  other  fireproof  material  not  less 
than  four  inches  in  thickness,  and  the  bottom  and  top  plates  and 
flanges  of  such  girders  shall  have  not  less  than  two  inches  in 
thickness  of  such  insulating  material. 

The  bottom  and  top  plates  and  flanges  of  all  wrought  iron  or 
rolled  steel  floor  and  roof  beams,  and  all  exposed  portions  of  such 
beams  below  the  abutments  of  floor  arches  or  filling  between  the 
floor  beams  shall  be  entirely  incased  with  hard-burned  clay, 
porous  terra  cotta,  concrete  or  other  fireproof  material,  such 
incasing  material  to  be  not  less  than  two  inches  in  thickness. 

All  incasing  material  to  be  securely  attached  to  the  girders 
and  beams. 


132  BUILDING  CODE. 


The  shells  and  webs  of  hollow  tile  blocks  shall  be  not  less 
than  five-eighths  of  an  inch  in  thickness,  and  shall  be  laid  up 
with  Portland  cement  mortar,  and  the  said  blocks  be  suitably 
tied  or  anchored  together. 

§  146.     Incasing  Interior  Columns  and  Girders  in  Non-fireproof 

Buildings. 

In  all  non-fireproof  buildings  where  iron  or  steel  structural 
members  are  incorporated  in  the  construction  of  the  building, 
said  iron  or  steel  columns,  girders,  beams  and  other  structural 
metal  members  shall  be  incased  as  before  described  in  this  Code, 
except  that  the  thickness  of  such  insulating  material  may  be  not 
less  than  two  inches. 

The  entire  steel  construction  of  roofs  supported  by  trusses 
over  large  rooms  may  be  uncovered,  but  no  such  roof  framing 
shall  be  uncovered,  if  the  room  is  used  for  the  sale  or  storage  of 
materials. 


PART  XXI. 

FIRE  LIMITATIONS. 

§  147-a.     Fireproof   Buildings. 

Unless  otherwise  specified  in  this  Code,  buildings  will  be  con- 
sidered of  fireproof  construction  when  they  are  built  through- 
out of  incombustible  material,  with  the  exception  of  the  floor 
covering,  interior  finish  and  window  frames. 

No  frame,  veneered  or  iron-clad  building  shall  be  built  within 
the  fire  limits  of  the  city  of  Louisville,  except  temporary  sheds 
provided  for  in  section  20  of  this  Code.  No  existing  frame 
structure  within  the  fire  limits  shall  be  altered  or  repaired  ex- 
cept as  provided  for  in  section  19  of  this  Code. 

All  tenement  or  apartment  houses  within  or  without  the  fire 
limits,  if  more  than  three  stories  and  a  basement  in  height,  shall 
be  of  fireproof  construction. 

Every  building  more  than  85  feet  in  height  shall  be  of  fire- 
proof construction. 

Every  hospital,  infirmary,  asylum,  school  house,  public  hall 
and  hotel  over  two  stories  in  height,  shall  be  fireproof  through- 
out. 


BUILDING  CODE.  133 


All  public  automobile  garages  shall  be  fireproof. 

All  theaters,  opera  houses,  rooms  for  moving  picture  shows 
or  other  places  of  amusement,  with  a  seating  capacity  of  500 
or  more,  shall  be  constructed  of  fireproof  material  throughout, 
except  the  stage  proper,  which  may  be  wood. 

All  smokehouses  hereafter  to  be  built  shall  be  constructed 
fireproof  throughout.  If  they  open  into  any  other  buildings,  such 
openings  shall  have  iron-covered  doors. 

The  basement  of  every  non-fireproof  building  over  two  stories 
and  basement  in  height  hereafter  altered  or  erected  in  the  city 
of  Louisville,  and  used  as  an  apartment  or  tenement  house,  shall 
be  made  fireproof  as  required  for  fireproof  buildings.  The  floor 
construction  over  the  basement  shall  be  fireproof,  and  if  the  story 
above  the  basement  is  used  for  a  store  or  for  other  general  pur- 
poses, or  for  offices,  both  the  basement  and  the  first  story  with 
the  floor  above  the  first  story  shall  be  made  fireproof. 

The  cornice  of  all  three  or  more  story  buildings,  if  of  wood, 
shall  be  covered  with  metal  or  otherwise  thoroughly  protected 
from  fire. 

§  147-b.     Fire  Limits. 

The  Fire  Limits  of  the  city  of  Louisville  shall  be  as  follows : 
Commencing  at  the  center  line  of  Jackson  street,  from  cen- 
ter line  of  Fulton  street  to  center  line  of  Jefferson  street ;  thence 
on  the  center  line  of  Jefferson  street  to  center  line  of  Floyd  street ; 
thence  on  center  line  of  Floyd  street  to  center  line  of  Green 
street;  thence  on  center  line  of  Green  street  to  center  line  of 
Second  street;  thence  on  center  line  of  Second  street  to  center 
line  of  Broadway;  thence  on  center  line  of  Broadway  to  center 
line  of  Fifth  street ;  thence  on  center  line  of  Fifth  street  to  cen- 
ter line  of  Walnut  street ;  thence  on  center  line  of  Walnut  street 
to  center  line  of  Seventh  street ;  thence  on  center  line  of  Seventh 
street  to  center  line  of  Grayson  street;  thence  on  center  line  of 
Grayson  street  to  center  line  of  Tenth  street;  thence  on  center 
line  of  Tenth  street  to  center  line  of  Congress  alley;  thence  on 
center  line  of  Congress  alley  to  center  line  of  Twelfth  street; 
thence  on  center  line  of  Twelfth  street  to  center  line  of  Market 
street ;  thence  on  center  line  of  Market  street  to  center  line  of 
Fifteenth  street;  thence  on  center  line  of  Fifteenth  street  to 
center  line  of  Main  street;  thence  on  center  line  of  Main  street 


134  BUILDING  CODE. 


to  center  line  of  Sixteenth  street;  thence  on  center  line  of  Six- 
teenth street  to  center  line  of  Bank  street;  thence  on  a  line 
parallel  with  Seventeenth  street  to  center  line  of  Portland  ave- 
nue; thence  on  center  line  of  Portland  avenue  to  center  line  of 
Fourteenth  street;  thence  on  center  line  of  Fourteenth  street  to 
Water  Front;  thence  on  Water  Front  to  First  and  Fulton 
streets ;  thence  on  center  line  of  Fulton  street  to  Jackson  street, 
point  of  starting. 

Nothing  herein  shall  be  construed  as  prohibiting  the  city 
from  establishing  other  Fire  Limits  from  time  to  time  by  suitable 
ordinances. 


PART  XXII. 

FIRE  APPLIANCES. 

§  148.     Stand  Pipes. 

All  buildings  exceeding  a  height  of  seventy-five  (75)  feet 
shall  be  equipped  with  stand  pipes,  one  for  each  division  of  the 
building,  or  one  for  each  ten  thousand  (10,000)  square  feet  or 
fraction  thereof,  or  for  each  end  street  front. 

Such  stand  pipes  shall  not  be  less  than  four  (4)  inches  in 
diameter  for  houses  not  exceeding  one  hundred  and  twenty-five 
(125)  feet  in  height,  and  six  (6)  inches  in  diameter  for  houses 
exceeding  one  hundred  and  twenty-five  (125)  feet  in  height,  ex- 
cept that  where  existing  buildings  are  now  equipped  with  stand 
pipes,  the  diameters  may  be  three  (3)  and  four  (4)  inches,  re- 
spectively, but  the  number  of  stand  pipes  must  conform  with 
the  above  requirements. 

All  stand  pipes  shall  be  of  wrought  iron  or  galvanized  steel, 
and  together  with  fittings  and  connections,  shall  be  of  such 
strength  as  to  safely  withstand  three  hundred  (300)  pounds  of 
water  pressure  to  the  square  inch  when  installed  ready  for 
service,  without  leaking  at  the  joints,  valves,  or  fittings,  and 
they  shall  be  located  in  such  a  position  in  the  building  that  the 
fire  within  any  room  in  the  building  will  not  overheat  the  same, 
and  where  they  are  easily  accessible  in  any  public  portion  of  the 
building.  If  placed  in  closets  or  shafts,  the  doors  to  the  same 
shall  not  be  locked. 


BUILDING  CODE.  135 


§  149.     Hose  Connections. 

All  stand  pipes  shall  extend  from  the  cellar  to  and  through 
the  room,  with  a  hose  connection  located  from  four  (4)  to  six 
(6)  feet  above  the  floor  level,  fitted  with  approved  straightway 
composition  valves  in  each  story,  including  the  cellar;  also  a 
hose  connection  provided  above  the  roof  with  the  valve  con- 
trolling the  same  located  so  that  it  can  be  operated  either  from 
above  or  below  the  roof.  A  suitable  three-quarter  of  an  inch 
drain  pipe  and  valve  shall  be  provided  for  draining  the  connec- 
tion above  the  roof. 

Hose  sufficient  to  reach  to  all  parts  of  the  floor  shall  be  attached 
to  each  outlet  in  the  building,  and  hose  for  the  roof  hydrant  shall 
be  placed  in  the  top  floor  near  the  scuttle  leading  to  the  roof. 
Such  hose  shall  be  at  least  two  and  one-half  inches  in  diameter, 
in  fifty  (50)  foot  lengths,  and  provided  with  standard  couplings 
at  each  end;  however,  one-inch  connections  and  hose  in  addition 
to  the  above  is  permitted. 

All  couplings  are  to  be  the  same  hose  thread  as  that  in  use 
by  the  Fire  Department.  Such  hose  shall  be  linen  or  cotton 
rubber  lined,  or  rubber. 

All  hose  shall  be  examined  once  a  year  and  certified  by  the 
Fire  Department. 

§  150.     Steamer  Connections. 

All  stand  pipes  shall  be  provided  with  a  Siamese  steamer 
connection  located  on  the  outside  of  the  building  and  of  easy 
access  to  the  Fire  Department.  The  inlet  pipe  from  the  steamer 
connection  to  the  stand  pipe  shall  be  not  less  in  diameter  than  the 
largest  stand  pipe.  The  Siamese  steamer  connection  shall  be 
provided  with  check  valves  in  the  Y  and  substantial  brass  or  gun 
metal  caps  provided  to  protect  the  thread  on  the  connection. 

All  portions  of  the  Siamese  connections  or  stand  pipes  that 
are  in  danger  of  freezing  shall  be  provided  with  a  drip  pipe  and 
valve  for  the  purpose  of  draining  the  same. 

In  addition  to  the  provisions  for  steamer  connections  to  stand 
pipes  the  water  supply  may  be  from  city  water  where  the  pres- 
sure is  sufficient,  automatic  fire  pump  of  five  hundred    (500) 
gallons  or  more  per  minute,  elevated  tank  or  steel  pressure  tank 
of  not  less  than  five  thousand   (5,000)  gallons  capacity. 


136  BUILDING  CODE. 


In  all  buildings  coming  under  these  regulations  as  to  height 
which  are  occupied  for  sleeping  purposes,  such  as  hotels,  lodging 
houses,  hospitals  and  asylums,  the  stand  pipe  system  must  have 
at  least  one  of  the  automatic  supplies  heretofore  described. 

Where  such  stand  pipe  is  connected  to  a  tank,  there  shall  be 
a  straightway  check  valve  in  the  horizontal  section  of  the  pipe 
between  the  first  hose  outlet  below  the  tank  and  the  tank.  Such 
tank  must  be  filled  by  a  separate  pipe  and  not  through  the  stand 
pipe,  and  where  such  tank  is  used  for  the  house,  the  house  sup- 
ply shall  extend  into  the  tank  to  such  a  height  as  will  reserve  not 
less  than  thirty-five  hundred  (3,500)  gallons  of  water  for  fire 
purposes. 

Where  pumps  constitute  a  supply  to  stand  pipes,  they  shall 
be  placed  not  less  than  two  (2)  feet  above  the  floor  level,  and 
the  boilers  upon  which  the  pumps  depend  shall  be  so  arranged 
that  the  flooding  of  fires  under  the  same  will  be  impossible. 

§  151.  Dry  Cleaning  Buildings. 
Dry  cleaning  buildings  must  be  equipped  with  steam  pipes 
running  around  the  said  building  at  the  floor  line,  and  also  at 
the  ceiling.  From  these  steam  pipes  there  shall  be  openings 
or  jets  set  at  least  every  twelve  (12)  inches  from  center  to 
center,  and  to  graduate  in  size  from  one-eighth  to  three-eighths 
of  an  inch.  This  steam  system  shall  be  controlled  by  a  valve 
located  at  least  ten  (10)  feet  outside  of  said  dry  cleaning 
building. 

§  152.     Sprinkler  Pipes  in  Basements  and  Cellars  of  Mercantile 

and  Manufacturing  Buildings. 

In  such  buildings  as  are  used  or  occupied  for  mercantile  and 
manufacturing  purposes  there  shall  be  provided  in  addition  to 
said  stand  pipe  or  stand  pipes  an  approved  system  of  automatic 
sprinklers  placed  at  the  ceiling  of  each  story  below  the  first  or 
grade  floor  and  extending  to  the  full  depth  and  breadth  of  the 
building. 

Said  sprinkler  pipes  shall  be  connected  with  a  pipe  of  not  less 
than  four  inches  in  diameter  leading  to  the  outside  of  building 
and  there  provided  with  an  approved  Siamese  steamer  connec- 
tion, latter  to  be  installed  under  requirements  set  forth  in  this 


BUILDING  CODE.  137 


section,  and  to  be  under  the  control  and  for  the  use  of  the  Fire 
Department. 

A  suitable  iron  plate  with  raised  letters  shall  be  securely 
attached  to  the  wall  near  said  steamer  connection,  reading 
"Cellar  Sprinklers"  (where  sprinklers  are  installed  in  cellars 
only)  and  reading  "Automatic  Sprinklers"  where,  the  entire 
building  is  so  protected. 


PART  XXIII. 

FIRE  ESCAPES. 

§  153.     Fire  Escapes  to  be  Erected. 

Every  building  three  or  more  stories  high  used  as  a  hotel, 
office  building,  theater,  lodging  house,  apartment  house,  tene- 
ment or  for  manufacturing  purposes  shall  have  at  least  one  fire 
escape  and  as  many  more  as  may  be  necessary  for  safety. 

Every  apartment  and  tenement  house  more  than  three  stories 
high,  having  apartments  for  two  or  more  families  on  one  floor, 
shall  have  a  fire  escape  for  each  vertical  series  of  such  apart- 
ment. 

The  location  of  fire  escapes  shall  always  be  subject  to  the 
approval  of  the  Inspector  of  Buildings. 

All  fire  escapes  which  are  not  constructed  on  public  streets 
and  alleys  shall  connect  at  the  bottom  on  the  ground  level  to 
open  passageways,  connecting  to  streets  or  alleys,  and  such 
passageways  shall  be  maintained  without  doors  or  gates  as  the 
Inspector  of  Buildings  may  direct. 

All  outside  fire  scapes  must  extend  from  the  second  floor 
balcony  to  the  top  of  the  building,  and  the  second  floor  balcony 
must  be  connected  with  the  ground  by  swinging  steps  or  some 
device  approved  by  the  Inspector  of  Buildings. 

All  window  frames  and  sash  or  doors  opening  on  to  fire  escapes 
required  under  this  ordinance  shall  be  made  of  metal,  or  wood 
covered  with  metal,  and  glazed  with  wire  glass. 

§  154.     Balconies. 

The  balcony  shall  not  be  less  than  three  feet  in  width.  They 
shall  not  be  above  nor  more  than  nine  inches  below  the  open- 
ing.    They  must  in  all  cases  where  practicable,  cover  two  win- 


138  BUILDING  CODE. 


dows  and  extend  not  less  than  nine  inches  beyond  the  side  of 
any  such  window.  The  landing  at  the  head  and  foot  of  each 
stairway  shall  not  be  less  than  twenty-four  inches  long;  the 
opening  in  the  platform  shall  be  sufficiently  long  to  provide 
clear  head  room. 

§  155.     Brackets. 

The  platforms  shall  be  supported  by  cantilever  construction 
or  by  brackets.  The  top  chord  of  the  bracket  shall  extend  en- 
tirely through  the  wall  and  be  turned  down  three  inches,  or 
be  properly  secured  by  nuts  and  four-inch  square  washers  at 
least  three-eighths  of  an  inch  thick. 

On  new  buildings  the  brackets  shall  be  set  as  the  walls  are 
being  constructed ;  on  old  buildings  holes  shall  be  drilled  through 
the  walls  to  take  the  top  chord.  These  brackets  shall  be  not 
less  than  one-half  inch  by  one  and  three-fourths  inches  wrought 
iron  placed  edgewise,  or  one  and  three-fourths  inches  angle  iron 
one-fourth  inch  thick,  well  braced.  They  shall  be  not  more  than 
four  feet  apart  and  shall  be  braced  by  means  of  not  less  than 
three-fourths  of  an  inch  square  wrought  iron,  and  shall  extend 
three-fourths  of  the  width  of  the  respective  balcony  or  bracket. 
The  bottom  end  of  these  braces  shall  be  fastened  into  the  wall  at 
a  distance  below  the  bracket  of  not  less  than  eighteen  inches. 

§  156.     Floor  of  Balconies. 

The  floors  of  balconies  shall  be  of  wrought  iron,  or  steel  slats 
not  less  than  one  and  a  half  inches  by  three-eighths  of  an  inch, 
placed  not  more  than  one  and  one-quarter  inches  apart,  and  well 
secured  and  riveted  to  iron  battens  one  and  a  half  inches  by 
three-eighths  of  an  inch,  not  over  three  feet  apart  and  riveted 
at  the  intersections. 

The  openings  for  stairways  in  all  balconies  shall  be  not  less 
than  twenty-one  inches  wide  and  thirty-six  inches  long,  and  such 
openings  shall  have  no  covers  of  any  kind. 

The  platforms  or  balconies  shall  be  constructed  and  erected 
to  safely  sustain  in  all  their  parts  a  safe  load  at  a  ratio  of  four 
to  one,  of  not  less  than  eighty  pounds  per  square  foot  of  surface. 

§  157.     Railings. 
The  outside  top  rail  shall  extend  around  the  entire  length  of 
the  platform  and  in  all  cases  shall  go  through  the  wall  at  each 
end,   and  be   properly   secured   by   nuts   and   four-inch   square 


BUILDING  CODE.  139 


washers  at  least  three-eighths  of  an  inch  thick,  and  no  top  rail 
shall  be  connected  at  angles  by  cast  iron.  The  top  rail  of  bal- 
conies shall  be  one  and  one-quarter  inch  angle  iron  one-quarter 
inch  thick.  The  bottom  rails  shall  be  one  and  one-half  inches 
by  three-eighths  of  an  inch  wrought  iron  or  steel,  or  one  and  a 
half  inch  angle  iron  one-quarter  inch  thick,  well  leaded  into  the 
wall.  The  standards  or  filling-in  bars  shall  be  not  less  than  one- 
half  inch  round  or  square  wrought  iron  or  steel,  well  riveted  to 
the  top  and  bottom  rails  and  platform  frame.  Such  standards 
or  filling-in  bars  shall  be  securely  braced  by  outside  brackets 
at  suitable  intervals,  and  shall  be  placed  not  more  than  six  inches 
from  centers ;  the  height  of  railings  shall  in  no  case  be  less  than 
two  feet  nine  inches, 

.     §  158.     Stairways. 

The  stairways  shall  be  constructed  and  erected  to  fully  sustain 
in  all  parts  a  safe  load  at  a  ratio  of  four  to  one  of  not  less  than 
one  hundred  pounds  per  step,  with  the  exception  of  the  thread 
which  must  safely  sustain  at  said  ratio  a  load  of  two  hundred 
and  fifty  pounds. 

The  treads  shall  be  flat  open  treads  not  less  than  six  inches 
wide  and  with  a  rise  of  not  more  than  nine  inches. 

The  stairs  shall  be  not  less  than  twenty  inches  wide. 

The  stringers  shall  be  not  less  than  three-inch  channels  of 
iron  or  steel,  or  other  shape  equally  strong,  and  shall  rest  upon 
and  be  fastened  to  a  bracket,  which  shall  be  fastened  through 
the  wall  as  herebefore*provided. 

The  stringers  shall  be  securely  fastened  to  the  balcony  at  the 
top,  and  the  steps  in  all  cases  shall  be  double-riveted  or  bolted 
to  the  stringers. 

The  stairs  shall  have  three-quarter  inch  hand-rails  of  wrought 
iron,  well  braced. 

The  inclination  of  the  stairs  shall  never  exceed  sixty  degrees. 

§  159.     Drop  Ladders. 

A  proper  drop  ladder  at  least  seventeen  inches  wide  may  be 
used  when  it  is  not  practicable  to  use  a  counterbalanced  stairs. 
Rungs  shall  be  made  of  three-quarter  of  an  inch  square  iron, 
spaced  forteen  inches  center  to  center. 


140  BUILDING  CODE. 


§  160.     Painting. 

All  the  parts  of  such  fire  escapes  shall  receive  two  coats  of 
paint,  one  in  the  shop  and  one  after  erection. 

§  161.     Inside  Stairways. 
Inside  stairways  entirely  enclosed  by  fire  walls,  and  having 
a  location  approved  by  the  Inspector  of  Buildings,  may  be  used 
instead  of  outside  fire  escapes. 

§  162.     Other  Forms  of  Fire  Escapes. 
Any  form  of  fire  escape  equal  in  safety  and  efficiency  to  those 
above  mentioned  may  be  used. 


PART  XXIV. 

ELEVATORS— HOISTW  AYS— DUMBWAITERS. 
§  163.     Permit  for  Erection  of  Elevators. 

• 

It  shall  be  unlawful  for  any  person  or  persons,  company  or 
corporation  to  construct,  erect  or  place,  or  cause  to  be  con- 
structed, erected  or  placed  in  any  building  or  structure,  erected 
or  in  the  course  of  erection,  any  elevator  to  be  used  for  carrying 
passengers  or  freight  from  one  floor  to  another  without  first 
having  obtained  from  the  Inspector  of  Buildings  a  permit  there- 
for. 

Before  the  Inspector  of  Buildings  shall  issue  such  permit 
for  the  erection,  construction,  or  use  of  such  elevator,  there 
shall  be  filed  in  his  office  as  a  matter  of  record,  plans  and  speci- 
fications showing  the  proposed  method  of  installation. 

Certificate  of  Inspection. — It  shall  be  the  duty  of, every  per- 
son owning,  controlling,  operating  or  using,  as  owners,  lessees 
or  agents,  of  any  passenger  or  freight  elevator  (or  passenger 
and  freight  elevator),  within  the  limits  of  the  city  of  Louisville, 
to  expose  to  the  public  view  in  the  elevator  car  or  platform  a 
certificate  of  inspection  as  issued  by  this  department. 

Inspection  Records. — The  Inspector  of  Buildings  shall  cause 
to  be  kept  a  proper  record  of  all  notices,  certificates  of  inspec- 
tion, etc.,  issued  in  connection  with  the  elevators  in  the  city  of 
Louisville ;  such  inspections  shall  be  made  by  properly  appointed 


BUILDING  CODE.  141 


inspectors,  under  his  supervision,  and  in  accordance  with  the 
ordinance  covering  the  proper  installation  and  repairs  to  all 
classes  of  elevators  as  hereinafter  mentioned  in  this  ordinance. 

Unlawful  to  Run  Elevators  Without  Certificate  of  Inspec- 
tion.— It  shall  be  unlawful  to  run  or  operate  any  elevator  with- 
out first  having  obtained  the  proper  certificate  from  the  Build- 
ing Inspector's  ofl[ice.  Any  one  guilty  of  operating  an  elevator 
without  such  certificate  will  be  liable  to  the  fines  as  imposed  under 
this  ordinance. 

Care  of  Elevators. — Every  owner,  lessee  or  agent  shall  re- 
quire the  person  in  charge  of  the  running  of  the  elevator  to  care- 
fully examine  all  the  appliances  once  every  twenty-four  (24) 
hours,  and  upon  the  discovery  of  any  defects  tending  to  endanger 
life,  the  elevator  shall  be  shut  down  at  once  and  the  Inspector  of 
Buildings  notified  of  the  condition  of  the  elevator.  The  use  of 
any  such  defective  elevator  shall  be  prohibited  until  the  neces- 
sary  repairs  to  make  it  safe  shall  have  been  made. 

§  164.     Elevator  Enclosures.  '^ 

The  hatchways  for  all  elevators  in  fireproof  office  buildings, 
or  hotels,  shall  be  guarded  and  protected  by  at  least  grill  work 
on  all  exposed  sides,  at  least  seven  (7)  feet  high.  The  front 
of  the  hatchway  shall  be  enclosed  by  this  grill  work  the  full 
width  of  same  and  extending  the  full  height  from  the  floor  to  the 
ceiling.  The  entrances  or  doorways  shall  be  fitted  with  sliding 
doors  having  rollers  and  track  of  substantial  construction,  and 
fitted  with  locks  so  arranged  that  they  cannot  be  opened  from 
the  outside  except  by  the  use  of  a  key. 

Enclosures  for  hatchways  in  buildings  that  are  not  fireproof, 
or  fireproof  buildings  not  mentioned  in  the  above  paragraph, 
shall  be  subject  to  one  of  the  three  following  rules  of  construc- 
tion. 

Form  1. — Hatchways  to  be  of  solid  brick  or  concrete  walls 
of  such  thickness  as  called  for  by  the  regular  building  ordinance, 
same  to  be  built  from  the  basement  or  ground  floor  to  a  point 
three  feet  above  the  roof;  and  the  openings  into  the  shaft  to  be 
properly  protected  by  at  least  semi-automatic  gates  of  standard 
construction. 

Form  2. — The  hatchways  may  be  constructed  of  an  iron 
frame  of  proper  strength  to  support  the  elevator,  same  to  ex- 


142  BUILDING  CODE. 


tend  from  the  basement  to  the  proper  height  for  the  travel  of 
the  elevator.  This  iron  frame  shall  be  fitted  with  wired  glass, 
the  size  of  each  plate  of  glass  not  to  exceed  twenty-four  inches 
by  thirty  inches;  the  entrances  or  doors  to  be  fitted  with  the 
same  wired  glass  construction. 

Form  3. — In  lieu  of  the  above  walls  or  iron  frame  work,  the 
Inspector  of  Buildings  may  permit  the  use  of  Fusible  Link 
Underwriters'  Hatchway  Doors,  or  Covers ;  and  the  exposed  sides 
of  the  hatchway  to  be  properly  guarded.  All  loading  or  unload- 
ing sides  or  entrances  to  the  elevator  must  be  protected  at  least 
by  semi-automatic  hatch  gates  of  standard  construction. 

§  165.     Openings  in  Elevator  Shafts. 

All  windows  in  fire  resisting  enclosures  shall  be  made  of  metal 
glazed  with  wire  glass.  No  light  to  be  over  3,000  square  inches 
in  area. 

All  doors  into  such  shafts  shall  have  metal  frames  and  metal 
doors,  or  doors  made  of  wood  covered  with  metal.  Wired  glass 
may  be  used  in  such  doors,  in  lights  not  more  than  3,000  square 
inches  in  area. 

Doors  used  for  openings  in  dwelling  houses  intended  for  the 
occupancy  of  one  family  may  be  of  wood  covered  with  metal  on 
the  inner  surface  and  edges  with  metal,  not  including  the  open- 
ings in  the  cellar  nor  above  the  roof  in  any  such  shaft  walls, 
which  latter  doors  shall  be  covered  with  metal. 

The  roofs  over  all  enclosed  elevators  shall  be  made  of  fire- 
proof material,  with  a  skylight  at  least  three-fourths  the  area 
of  the  shaft,  the  glass  to  be  not  less  than  one-eighth  of  an  inch 
thick  and  covered  above  and  below  with  strong  wire  netting. 
Wired  glass  shall  not  be  used  in  skylights  over  elevator  en- 
closures. Wire  glass  windows  with  metal  frames  of  equal  area 
may  be  used  in  place  of  skylight. 

§  166.    Pent  Houses. 

Pent  houses  over  unenclosed  elevator  shafts  in  existing  non- 
fireproof  buildings  may  be  made  of  the  same  construction  as  the 
roof  of  the  main  building,  but  must  be  lined  with  metal  from  the 
top  down  to  the  ceiling  line.  No  woodwork  shall  be  exposed  on 
either  the  inside  or  outside  of  the  pent  house. 


BUILDING  CODE.  143 


Shafts  Through  Parts  of  Buildings.— When  the  shaft  does 
not  extend  to  the  bottom  of  the  cellar  or  lowest  story,  the  lower 
end  shall  be  enclosed  in  fireproof  material. 

When  the  shaft  does  not  extend  above  the  top  floor,  it  shall  be 
covered  with  fireproof  material. 

In  all  cases  of  enclosures,  there  must  be  ample  facilities  for 
lighting  the  shaft. 

§  167.     Screens. 

Immediately  under  the  sheaves  at  the  top  of  elevator  shafts 
(except  when  enclosing  hand  power  elevators  or  dumbwaiters) 
there  shall  be  placed  a  metal  grill  or  grating  with  the  bars  spaced 
not  more  than  one  and  a  quarter  inches  apart.  The  construction 
and  support  of  the  grillage  to  be  approved  by  the  Inspector  of 
Buildings. 

All  stairways  coming  in  contact  with  an  elevator  shaft  must 
have  a  fire-resisting  partition  separating  the  shaft  from  the 
stairs. 

Where  there  are  more  than  one  elevator  in  a  battery,  the 
divisions  between  them  need  not  be  fireproof. 

When  elevators  are  to  be  installed  in  existing  buildings  hav- 
ing wood  joists  or  floor  supports,  and  it  is  impracticable  to  erect 
fireproof  enclosure  walls,  then  all  floor  openings  must  be  pro- 
vided with  trap  doors  of  a  thickness  of  not  less  than  one  and 
one-eighth  inches,  hinged  at  floor  and  held  open  by  a  fusible  link, 
which,  in  the  event  of  fire,  will  open  and  allow  the  door  to  fall. 
The  entire  under  side  of  such  trap  doors  shall  be  lined  with  tin 
properly  locked-jointed,  tin  to  extend  over  all  edges  and  be  prop- 
erly secured  to  upper  s'ide  of  door. 

§  168.     Elevator  Cars. 

All  passenger  elevator  cars  must  be  entirely  enclosed  from 
floor  to  canopy,  except  only  the  door  opening. 

When  the  car  of  any  passenger  elevator  shall  have  more  than 
one  entrance  or  exit,  all  such  entrances  or  exits,  except  the  one 
immediately  in  front  of  the  operator,  shall  be  closed  with  sliding 
doors  inside  the  car.  Such  doors  to  be  the  full  height,  and  shall 
be  closed  before  starting  the  car,  and  no  door  shall  be  opened 
before  the  car  has  come  to  a  full  stop. 


144  BUILDING  CODE. 


Opening  or  closing  doors  of  elevators  while  the  car  is  in  mo- 
tion shall  be  unlawful  and  shall  subject  the  operator  to  the 
penalties  of  this  ordinance. 

Carriage  elevators  shall  be  enclosed  or  guarded  as  directed  by 
the  Inspector  of  Buildings. 

The  latch  fastenings  of  all  passenger  elevators  must  be  ar- 
ranged to  operate  from  the  inside  of  shafts  only,  and  doors  open 
from  outside  only  by  use  of  a  key.. 

Freight  enclosure  doors  may  be  made  to  hinge  or  slide  up  and 
down,  or  have  semi-automatic  gates  not  less  than  five  feet  high ; 
but  where  hinged  gates  are  used,  there  must  also  be  a  hinged 
guard  rail  inside  next  to  elevator  shaft. 

All  elevators,  except  plunger  elevators  and  sidewalk  lifts  and 
vehicle  elevators,  shall  be  provided  with  approved  safety  devices 
to  the  bottom  platform,  and  so  arranged  that  the  safety  device 
will  grip  and  guide  from  the  sides  to  prevent  spreading  the 
guides  in  case  any  cable  should  break  or  become  detached. 

Elevators  shall  be  provided  with  automatic  stops  to  bring  the 
car  to  a  stop  without  a  jar  or  jolt  at  the  top  and  bottom,  inde- 
pendent of  the  operator. 

§  169,     Magnetic  Controlled  Elevators. 

All  magnetic  controlled  elevators  shall  be  equipped  with  elec- 
trical limit  stops  in  the  hatchway,  besides  the  automatics  men- 
tioned in  the  above  paragraph.  These  limit  switches  must  break 
the  current  and  apply  the  brake  independent  of  the  operator. 

All  passenger  elevators  hereafter  installed  shall  be  equipped 
with  an  efficient  automatic  down  speed  governor,  to  be  properly 
set. 

All  electric  elevators  hereafter  installed  must  be  equipped 
with  an  efficient  circuit  breaker. 

Every  power  elevator  shall  be  provided  with  a  limitation  de- 
vice to  stop  the  car  at  upper  and  lower  landings  automatically, 
and  a  device  to  stop  unwinding  of  cables  from  the  drum,  in  case 
of  stoppage  of  descending  car  from  any  cause. 

§  170.     Cables,  Head  Room  and  Brakes. 
All  freight  elevators  controlled  by  cable  shall  be  provided  with 
a  lock  to  hold  them  at  floors  when  loading. 


BUILDING  CODE.  145 


No  elevator  hereafter  installed  shall  be  permitted  to  have  at- 
tached above  or  below  the  cars  a  freight  compartment  or  similar 
device. 

Cables, — No  power  elevator  shall  be  equipped  with  less  than 
two  main  lifting  cables,  and  if  a  counterweight  is  used,  there 
must  be  at  least  two  cables  used  to  each  set  of  weights.  All 
cables  must  be  installed  of  size  of  the  basis  of  giving  a  factor 
of  safety  of  at  least  eight  to  one. 

All  counterweights  shall  have  their  sections  strongly  bolted 
together  and  no  open  weights  may  be  used.  They  shall  be  placed 
in  suitable  frames  to  prevent  any  section  of  same  from  falling 
on  car.  There  shall  be  no  less  than  three  feet  of  clearance  be- 
tween the  top  of  counterweight  and  the  under  side  of  overhead 
beam  when  the  car  is  resting  on  the  bumpers.  This  does  not 
apply  to  hand  power  elevators. 

All  passenger  elevators  having  a  speed  of  one  hundred  feet 
or  less  per  minute,  shall  have  four  feet  head  room  between  top 
of  car  and  bottom  of  overhead  grating,  and  two  feet  six  inches 
pit  room  at  bottom  landing. 

For  each  additional  one  hundred  feet  or  fractional  part  in 
the  car  speed,  there  shall  be  an  additional  twelve  inches  added 
to  the  overhead  room  and  pit  room  just  given  above. 

All  passenger  plunger  elevators  having  a  speed  exceeding  two 
hundred  feet  per  minute,  shall  be  equipped  with  an  emergency 
brake  to  slow  the  car  down  in  case  of  an  accident. 

All  overhead  machinery  for  passenger  elevators  shall  rest  on 
steel  beams  or  girders  properly  anchored,  same  to  be  approved 
by  the  Inspector  of  Buildings. 

All  overhead  sheaves  on  all  types  of  elevators  shall  be  of  ample 
size  to  give  a  factor  of  safety  of  at  least  six;  the  diameters  of 
these  sheaves  must  be  at  least  forty  times  the  diameter  of  the 
cable  running  over  them. 

All  passenger  elevators  shall  have  steel  guides  properly  bolted 
to  each  floor. 

All  power  freight  elevators  shall  have  at  least  three  feet  head 
room  and  two  feet  pit  room. 

The  guide  post  and  runners  of  all  freight  elevators  shall  be 
fastened  with  bolts  with  nut  locks.  Wood  screws  will  not  be 
allowed. 


146  .  BUILDING  CODE. 


All  freight  elevators  shall  have  the  car  enclosed  on  three  sides, 
the  height  to  be  no  less  than  five  feet. 

All  freight  elevators  now  in  use  or  hereafter  installed  in  old 
buildings  must  have  the  floor  openings  enclosed  on  three  sides 
not  less  than  five  feet  high  placed  at  each  landing,  and  have  effi- 
cient self-closing  gates. 

§  171.     Dumb  Waiters. 

All  dumb  waiters  shafts  in  non-fireproof  buildings  shall  be 
enclosed  with  incombustible  stud  partitions  or  fireproof  parti- 
tions. In  all  fireproof  buildings  they  shall  be  enclosed  with  fire- 
proof partitions. 

All  dumb  waiter  shafts  shall  be  fire  stopped  at  the  bottom  and 
top. 

Dumb  waiters  that  extend  through  four  or  more  stories  shall 
be  deemed  freight  elevators,  and  shall  be  enclosed  and  equipped 
with  doors  and  gates  accordingly,  except  that  they  need  not  ex- 
tend to  the  roof  or  be  provided  with  skylights  or  windows  at  the 
top. 

In  dumb  waiter  shafts,  all  openings  must  have  doors  which 
shall  be  kept  closed  at  all  times  when  not  in  actual  use. 

§  172,  Basement  and  Sidewalk  Elevators. 
Where  basement  or  sidewalk  elevators  are  installed,  it  will 
be  necessary  to  furnish  a  guard  at  the  first  floor  or  street  level. 
If  at  the  street  level,  the  hatch  doors  when  open  must  be  pro- 
tected by  a  collapsing  gate  or  bars.  When  the  elevator  is  inside 
a  building,  the  open  sides  of  the  hatchway  must  be  protected  by 
at  least  a  solid  enclosure,  or  a  sliding  enclosure  at  least  three 
feet  six  inches  high,  or  gates  of  at  least  the  semi-automatic  type 
at  the  loading  sides. 

The  Inspector  of  Buildings  may  cause  repairs  to  be  made  upon 
any  elevator,  or  he  may  close  any  unsafe  elevator,  and  prevent 
the  use  of  the  same  until  repairs  are  made  and  the  elevator 
placed  in  charge  of  a  competent  operator. 

Any  failure  upon  the  part  of  the  proprietor  of  the  premises 
to  comply  with  any  lawful  order  of  the  Inspector  of  Buildings 
or  his  assistant  in  regard  to  any  elevator,  shall  subject  the  pro- 
prietor of  said  premises  to  a  fine  of  from  $10  to  $50  and  each 


BUILDING  CODE.  147 


day  that  such  elevator  is  operated  after  receipt  of  such  order 
shall  constitute  a  separate  offense. 

Automatic  passenger  elevators  can  only  be  used  in  private 
residences  or  exclusively  for  private  use  in  other  buildings. 

Passenger  elevators  shall  be  limited  to  carry  one  person  to 
each  four  hundred  square  inches  of  floor  space. 

No  one  shall  be  allowed  to  ride  on  a  freight  elevator  other  than 
the  operator  and  the  person  handling  the  freight. 

In  making  changes  or  alterations  to  elevator  shafts,  guide 
posts,  overhead  machinery  or  power,  such  work  must  be  made 
to  conform  with  the  present  law  and  regulations. 


PART  XXV. 

FRAME  BUILDINGS. 
§  173.     Foundations. 

Unless  founded  upon  solid  rock,  the  foundation  walls  for 
frame  buildings  shall  be  at  least  eighteen  (18)  inches  below  the 
established  grade  of  sidewalk,  or  if  the  house  is  set  back  from 
the  street,  then  at  least  eighteen  (18)  inches  below  the  grade  of 
the  lot. 

All  foundation  walls  shall  be  provided  with  footings  properly 
proportioned  to  carry  the  superimposed  load  on  the  soil  where 
they  are  used. 

The  foundation  walls  may  be  made  of  rubble,  stone,  brick  or 
concrete. 

Foundation  walls  of  stone  shall  be  eighteen  (18)  inches  thick. 
If  they  are  made  of  brick  or  concrete  they  shall  be  at  least  nine 
(9)   inches  thick. 

If  there  is  a  cellar  under  the  building,  the  brick  walls  en- 
closing the  cellar  on  all  sides  shall  be  not  less  than  thirteen 
(13)  inches  thick,  up  to  the  average  grade  line  of  the  lot  en- 
closing the  cellar,  but  may  be  only  nine  (9)  inches  thick,  or 
made  of  eight-inch  concrete  blocks  above  the  ground  line,  if 
provided  with  proper  lateral  supports. 

In  case  of  veneered  frame  houses,  the  foundation  walls  shall 
be  at  least  thirteen   (13)   inches  thick. 


148  BUILDING  CODE. 


Inside  walls  of  brick  or  Portland  cement  concrete  may  be 
nine  (9)  inches  in  thickness,  if  not  over  ten  (10)  feet  in  height, 
if  provided  with  proper  lateral  supports. 

No  wall  under  any  part  of  a  frame  dwelling  shall  be  less  in 
thickness  than  above.  This  applies  to  cellar  huts,  porches,  bay 
windows  and  other  appurtenances  to  a  dwelling. 

Ventilators  shall  be  provided  in  foundations,  one  under  each 
outside  wall  of  each  room. 

By  lateral  supports  for  walls  is  meant  cross  walls,  buttresses 
or  other  supports  made  of  concrete,  brick  or  stone. 

Framing. — The  construction  of  a  frame  building  may  be  made 
with  a  timber  framing  of  posts,  girts,  plates,  rafters,  or  it  may 
be  made  the  ordinary  balloon  framing. 

In  either  case  the  floor,  joists  and  the  studding  and  rafters 
shall  not  be  less  than  two  (2)   inches  thick. 

Floor  beams  and  joists  shall  not  be  notched  for  pipes,  except 
within  two  (2)  feet  of  the  ends,  and  not  more  than  two  (2) 
inches  in  depth. 

All  veneering  material  shall  be  safely  and  efficiently  anchored 
to  the  wood  construction. 

The  character  of  materials  required  in  the  construction  of 
frame  buildings  and  their  allowable  stresses :  The  cellars, 
vaults,  steps  and  areas  of  such  buildings,  their  chimneys,  flues, 
fireplaces,  pipes,  ducts  and  shafts,  all  heating  appliances  and 
all  the  plumbing  and  electrical  work  shall  conform  to  the  re- 
quirements of  this  ordinance,  and  no  ordinances,  governing 
plumbing  and  electrical  work  for  such  parts  and  features  of 
•the  construction,  except  that  it  shall  not  be  necessary  to  use 
metal  or  wire  laths  for  the  ceiling  of  cellars  of  any  frame  build- 
ing, and  the  cellar  stairs  in  frame  buildings  may  be  placed  direct- 
ly under  main  stairs  and  no  brick  wall  shall  be  necessary  to  en- 
close the  same. 

§  174.     Spacing  Frame  Buildings. 

No  frame  building,  except  a  coal  house  or  similar  outhouse 

in  the  rear  of  a  lot  and  not  used  for  residence  purposes,  shall 

be  built  nearer  than  four  (4)  feet  to  any  other  building.     The 

sheds  mentioned  herein  may  extend  the  entire  width  of  the  lot. 


BUILDING  CODE.  149 


§  175.     Buildings  on  Rear  of  Lot. 

No  building  of  any  class  of  construction  shall  be  built  facing 
an  alley  and  to  be  used  as  a  residence  or  tenement  house,  unless 
a  clear  open  space  of  not  less  than  six  (6)  feet  is  left  between 
the  front  of  the  building  and  the  property  line.  No  porch  or 
veranda,  or  projection  of  any  kind,  shall  extend  over  this  open 
space. 

§  176.     Veneered  Buildings. 

Outside  the  fire  limits,  frame  buildings  not  over  two  (2) 
stories  and  an  attic  in  height  may  be  veneered  with  brick,  stone 
or  terra  cotta.  Such  veneer  work  must  be  tied  to  the  frame  by 
means  of  wall  ties  driven  through  the  sheathing  and  clinched 
on  the  back  and  the  veneer  must  rest  solidly  on  the  foundation 
walls. 

§  177.     Row  of  Buildings. 

Whenever  two  or  more  frame  dwellings  are  built  in  a  row, 
the  division  walls  separating  the  different  houses  must  be  built  of 
brick,  concrete  or  other  incombustible  material,  and  such  walls 
must  conform  with  all  other  requirements  of  this  ordinance  as 
to  the  thickness,  length  and  height  of  walls,  and  must  extend 
two  (2)  feet  above  the  roof  and  must  be  properly  coped. 


PART  XXVI. 

DRY    CLEANING    ESTABLISHMENTS,    PUBLIC 
GARAGES  AND  STORAGE  OF  OILS. 

§  178.     Dry  Cleaning  Establishments. 

Buildings  used  for  dry  cleaning  business  shall  not  be  more 
than  one  (1)  story  high,  without  a  basement  underneath. 

All  doors  and  windows  in  such  buildings  shall  be  fireproof 
doors  and  windows;  no  opening,  unless  guarded  by  a  fireproof 
door  or  window,  shall  be  closer  than  thirty  (30)  feet  from  any 
other  building. 

The  floors  in  such  buildings  shall  be  of  cement  and  shall  drain 
on  all  sides  to  a  gutter  of  twice  the  capacity  of  the  amount  of 
liquids  in  said  buildings. 

Such  buildings  shall  be  ventilated  by  means  of  air  inlets  six 
(6)  feet  or  more  above  the  floor,  such  inlets  to  be  not  less  than 


150  BUILDING  CODE. 


ten  (10)  inches  square  and  not  more  than  six  (6)  feet  apart, 
and  by  means  of  an  exhaust  fan  close  to  the  floor,  of  a  size  to 
change  the  air  in  the  building  every  three  minutes.  Such  venti- 
lating system  shall  be  in  operation  at  all  times  during  use  of 
the  building. 

All  heating  shall  be  done  by  hot  water  or  steam. 

No  steam  boiler,  dynamo  or  motor  shall  be  closer  than  ten 
(10)  feet  to  such  building. 

Drjang  rooms  must  be  fireproof  and  must  be  separated  from 
the  cleaning  room  by  fireproof  fire  walls  extending  three  (3) 
feet  above  the  roof. 

§  179.     PubUc  Garages. 

Public  garages  shall  be  fireproof  buildings,  and  all  existing 
public  garages  must  be  made  at  least  slow  burning  and  have 
fireproof  floors  where  vehicles  are  placed,  and  in  other  respects 
they  shall  conform  with  the  following  provisions: 

All  public  garages  shall  be  entirely  separated  by  solid  walls 
of  brick  or  concrete  from  any  and  all  portions  of  such  building 
used  for  any  other  purpose. 

All  openings  in  such  walls  shall  be  protected  by  automatic 
fireproof  doors. 

§  180.     Heating  and  Lighting  in  Garages. 

Heating  must  be  done  by  steam  or  hot  water. 

The  boiler  room  and  any  room  where  electric  charging  ap- 
paratus is  used  must  be  fireproof,  and  all  openings  between  such 
rooms  and  other  parts  of  the  garage  shall  be  protected  by  auto- 
matic double  fireproof  doors  on  each  side  of  the  wall. 

No  stoves,  forges,  torches  or  furnaces,  and  no  open  flame  fire, 
except  as  provided  in  fireproof  boiler  room,  no  lights,  except 
electric  incandescent  lights  properly  enclosed  in  vapor-tight 
globes,  protected  by  approved  wire  guards,  shall  be  used  or 
allowed  in  any  garage. 

All  fire  and  lights  on  vehicles  or  under  the  boilers  thereof 
shall  be  extinguished  upon  the  entry  of  such  vehicles  into  the 
garage  within  ten  (10)  feet  of  the  threshold  and  shall  not  be 
lighted  while  the  same  is  in  the  garage  until  the  vehicle  is 
brought  within  ten  (10)  feet  of  the  threshold  of  the  exit. 

No  person  shall  smoke  in  any  garage.  A  notice  in  large  let- 
ters, "No  Smoking,"  shall  be  kept  displayed  in  a  conspicuous 


BUILDING  CODE.  151 


place  and  manner  on  all  floors  and  at  the  entrance  of  all  garages. 

On  the  floor  of  every  garage  there  shall  be  constantly  kept 
and  maintained  convenient  receptacles  filled  with  sand  to  be 
used  in  absorbing  waste  oils  on  the  floors.  In  addition  thereto, 
sand  shall  be  kept  on  every  floor  in  boxes  or  buckets  of  approved 
construction,  provided  with  hand  scoops  to  be  used  for  fire  ex- 
tinguishing purposes  only;  one  such  box  or  bucket  for  each  one 
thousand   (1,000)   square  feet  of  floor  area  or  fraction  thereof. 

One  three-gallon  carbonic  acid  gas  fire  extinguisher  of  ap- 
proved construction  shall  be  provided  and  conveniently  located 
for  each  thousand  square  feet  of  floor  space,  or  fraction  thereof. 

Self-closing  metal  cans,  set  firmly  on  four-inch  legs,  shall  be 
kept  on  all  floors  of  every  garage  into  which  all  inflammable 
waste  materials  shall  be  deposited. 

Calcium  carbide  shall  be  kept  in  air-tight  receptacles  at  least 
six  (6)  inches  above  the  floor  in  an  air-tight  container  provided 
with  a  securely  fastened  cover;  if  there  be  a  boiler  compart- 
ment, the  container  shall  be  located  within  the  same. 

§  181.     Storage  and  Handling  of  Volatile  Substances. 

All  volatile  substances  used  in  dry  cleaning  buildings  and 
public  garages,  and  wherever  used  in  connection  with  any  other 
forms  of  industry  or  manufacture,  shall  be  stored  in  closed  tanks. 

Where  the  tank  is  placed  inside  of  building,  the  supply  to 
same  must  be  run  underground  to  the  outside  and  have  inlet  for 
supply  outside  of  building. 

All  storage  tanks  shall  be  constructed  of  steel  and  coated  on 
the  outside  with  tar  or  other  rust-resisting  material.  The  ma- 
terial of  all  tanks  shall  be  at  least  three-sixteenths  (3-16)  of  an 
inch  thick.  No  tank  shall  have  a  capacity  in  excess  of  two  hun- 
dred and  fifty  (250)  gallons. 

All  joints  must  be  tightly  corked.  All  pipes  connected  with 
the  tank  shall  be  at  the  top  thereof ;  all  tanks  must  be  so  buried 
that  no  part  of  the  top  thereof  shall  be  less  than  two  (2)  feet 
beneath  the  surface  of  the  ground  at  the  point  where  the  tank 
is  located. 

All  tanks  must  be  completely  cased  and  surrounded  with  six 
(6)  inches  of  waterproof  Portland  cement  concrete,  well  tamped 
in  place. 


152  BUILDING  CODE. 


Not  more  than  ten  (10)  gallons  of  volatile  inflammable  liquid 
shall  be  kept  in  vessels  in  a  garage,  and  then  only  in  approved 
safety  cans  constructed  of  metal,  self-closing,  and  of  a  capacity 
of  not  more  than  five  (5)  gallons  each.  When  not  in  use,  the 
said  cans  must  be  placed  and  kept  in  drip  cans,  and  in  garages 
maintaining  a  pumphouse  must  be  placed  and  kept  therein. 

In  lieu  of  the  above  described  safety  cans,  portable  filling  tanks 
of  approved  construction,  not  to  exceed  fifty  (50)  gallons  in 
capacity  may  be  used  for  transporting  volatile  inflammable 
liquids  to  and  from  the  storage  tanks  for  filling  and  charging 
the  vehicles.  The  said  portable  tanks  shall  be  supported  on  rub- 
ber tired  wheels  and  shall  be  provided  with  a  rubber  hose  attach- 
ment not  to  exceed  eight  (8)  feet  in  length,  equipped  at  the  end 
with  shut-off  valve  with  ground  key. 

No  volatile  inflammable  liquid  shall  be  used  in  a  garage  for 
cleaning  or  for  any  other  purpose  whatsoever  other  than  filling 
tanks  of  such  vehicles. 

No  such  liquid  shall  be  allowed  to  run  upon  the  floor  or  to 
fall  or  pass  into  the  drainage  system  of  the  garage;  nor  shall 
any  of  such  liquid  be  put  into  or  removed  from  the  tank  of  the 
vehicle  while  any  light  or  fire  on  the  same  is  burning  and  no  such 
liquids  shall  be  carried  or  kept  in  open  vessels  in  any  garage. 

§  182.     Storage  of  Oils. 

Buildings  for  the  storage  and  handling  of  oils,  petroleum, 
crude  petroleum,  gasoline,  naphtha,  benzine,  camphine,  carbon 
oil,  spirit,  gas,  burning  fluid,  spirits  of  turpentine,  or  coal,  rock 
or  earth  oil  (except  oils  that  will  stand  a  fire  test  of  150  de- 
grees or  more  in  the  open  air),  shall  be  used  for  such  purposes 
only. 

Such  buildings  shall  be  fireproof. 

All  such  oils  in  larger  quantities  than  fifty  (50)  gallon  bar- 
rels shall  be  stored  in  closed  tanks. 

Such  tanks  shall  either  be  entirely  buried  and  encased  in  con- 
crete, or  they  shall  each  be  surrounded  completely  by  a  room 
having  a  cubic  content  twenty-five  (25)  per  cent  greater  than 
the  capacity  of  the  tank. 

The  walls  of  such  rooms  shall  be  constructed  of  brick  and 
Portland  cement,  or  of  concrete  and  have  concrete  floors.  The 
walls  and  floors  are  to  be  perfectly  water  and  oil  tight. 


BUILDING  CODE.  153 


Such  room  shall  be  closed  on  top  and  provided  with  a  suitable 
vent  covered  with  fine  screen  sufficient  to  exclude  all  sparks. 
The  walls  and  screens  shall  be  at  least  three  (3)  feet  higher  than 
the  top  of  the  tanks. 

No  oils  shall  be  drained  into  the  sewer  and  the  draining  of 
all  spaces  in  the  building  shall  be  through  a  grease  trap  or 
cistern. 

Such  cistern  shall  have  a  capacity  above  its  outlet  equal  to 
the  largest  tank  in  the  building,  and  drains  to  all  places  in  such 
building  shall  have  valves. 


PART  XXVII. 

PUBLIC     BUILDINGS,     THEATERS,     MOVING     PICTURE 

ROOMS  AND  OTHER  PLACES  OF 

ASSEMBLAGE. 

§  183.  Public  Buildings. 
In  all  public  buildings  or  buildings  of  public  character — 
Such  as  hotels,  churches,  theaters,  restaurants,  railroad  depots, 
public  halls  and  other  buildings  used  or  intended  to  be  used  for 
purposes  of  public  assembly,  amusement  or  instruction,  and 
including  department  stores  and  other  business  and  manufac- 
turing buildings  where  large  numbers  of  people  are  congre- 
gated, the  doors,  stairways,  seats,  passageways  and  aisles,  and 
all  heating  appliances  and  apparatus  shall  be  arranged  as  pro- 
vided in  this  Code  to  facilitate  egress  in  cases  of  fire  or  accident, 
and  to  afford  the  requisite  and  proper  accommodation  for  the 
public  protection  in  such  cases. 

§  184.  Obstructions. 
All  aisles  and  passageways  in  said  building  shall  be  kept  free 
from  camp  stools,  chairs,  sofas  and  other  obstructions,  and  no 
person  other  than  an  employe  or  policeman  or  fireman  shall  be 
allowed  to  stand  in  or  occupy  any  of  said  aisles  or  passageways 
during  any  performance,  service,  exhibition,  lecture,  concert, 
ball,  or  any  public  assemblage. 

§  185.     Inspector's  General  Powers. 
The  Inspector  of  Buildings  may  at  any  time  serve  a  written 
or  printed  notice  upon  the  owner,  lessee  or  manager  of  any  of 


154  BUILDING  CODE. 


said  buildings,  directing  any  act  or  thing  to  be  done  or  provided 
in  or  about  the  said  buildings  and  the  several  appliances  there- 
with connected,  such  as  halls,  doors,  stairs,  window  seats,  aisles, 
fire  walls,  fire  apparatus  and  fire  escapes,  as  he  may  deem  neces- 
sary for  the  safety  of  the  occupants  or  the  public. 

§  186.     Theaters  With  Stage  More  Than  Twenty  Feet  Deep. 

Under  this  heading  is  included  all  theaters,  opera  houses, 
play  houses,  pavilions  or  any  assembly  hall  having  a  permanent 
stage  twenty  (20)  feet  or  more  in  depth  from  the  curtain  line 
to  the  rear  wall,  and  upon  which  stage,  scenery  and  theatrical 
apparatus  is  employed,  and  having  fly  galleries  and  rigging  loft. 

§  187.     Entrances  and  Exits. 

Every  such  building  shall  have  at  least  one  front  on  a  street, 
or  on  a  public  way,  which  public  way  shall  not  be  less  than  thirty- 
six  (36)  feet  in  width,  and  in  such  front  there  shall  be  suitable 
means  of  entrance  and  exit  for  the  audience. 

The  stage  shall  be  at  the  end  of  the  building  opposite  to  the 
main  entrance. 

§  188.     Width  of  Main  Corridor. 

The  width  of  this  main  entrance  or  corridor  leading  from  the 
street  or  public  way  to  the  main  auditorium  shall  not  be  less  at 
any  point  than  fifteen   (15)  feet. 

The  width  of  the  main  entrance  or  corridor  shall  be  estimated 
on  basis  of  not  less  than  twenty  (20)  inches  for  each  one  hun- 
dred (100)  persons  for  whom  seats  are  provided,  and  who  may 
gain  access  to  the  corridor  as  a  means  of  entrance  or  exit. 

The  main  corridor  may  serve  as  a  common  place  of  entrance 
and  exit  for  the  main  floor  of  the  auditorium  and  the  balcony 
or  first  gallery,  provided  its  capacity  be  equal  to  the  aggregate 
capacity  of  the  outlets  from  said  main  floor  and  balcony  or  gal- 
lery as  provided  for  above  in  this  section. 

The  width  of  all  entrances  and  exits  for  each  distinct  and 
separate  division  of  the  auditorium  shall  be  based  upon  the  same 
estimate  of  not  less  than  twenty  (20)  inches  for  each  one  hun- 
dred (100)  persons  served  by  such  entrances  or  exits. 

In  case  the  balcony,  or  first  gallery,  in  addition  to  the  stair- 
way or  stairways  connecting  it  with  the  main  auditorium  floor 
or  main  corridor  has  an  inside  stairway  or  stairways  leading 


BUILDING  CODE.  155 


direct  to  the  street  or  public  way,  then  the  capacity  of  this  stair- 
way may  be  taken  into  consideration  in  determining  the  width 
of  the  main  corridor  above  the  minimum  width  of  fifteen  (15) 
feet  herein  provided  for. 

§  189.     Gradients. 

The  level  of  all  corridors,  open  spaces  and  exits  shall  be 
not  more  than  one  foot  above  the  level  of  the  sidewalk  when 
they  begin  at  the  street  or  alley  or  outer  public  way,  but  this 
shall  not  preclude  the  use  of  steps  at  the  entrances  to  the  sides 
or  rear  of  the  building  as  may  be  necessary  to  overcome  the 
differences  in  grade  of  sidewalks.  • 

To  overcome  slight  differences  of  levels  in  and  between  any 
open  space  on  the  side  of  such  theater,  or  in  and  between  any 
corridors,  lobbies,  passageways  or  aisles  on  the  ground  floor, 
gradients  shall  be  employed  of  not  over  one  (1)  foot  in  ten  (10) 
feet  with  no  perpendicular  rises. 

§  190.     Side  Courts. 

In  addition  to  the  main  entrance  or  exit,  there  shall  be  an 
open  court  or  space  on  the  side  not  bordering  on  a  street  or 
public  way,  when  the  said  building  is  located  on  a  corner  lot 
and  on  both  sides  of  said  building,  when  there  is  but  one  front- 
age on  the  street. 

The  width  of  these  open  courts  shall  be  proportional  to  the 
seating  capacity  of  the  theater,  and  the  general  arrangement  of 
the  exits  for  speedily  emptying  the  building. 

There  shall  be  no  doors  or  gates  in  these  side  courts  or  alleys, 
which  side  courts  or  alleys  shall  lead  direct  to  a  street  or  public 
way  without  a  turn. 

§  191.     Courts  and  Corridors  Fireproof. 
All  courts  and  corridors  shall  be  entirely  fireproof  and  shall 
be  used  for  no  other  purpose  than  for  entrance  and  exit  to  and 
from  the  theater  and  stage. 

§  192.     Emergency  Exits. 
From  the  auditorium  opening  into  the  open  courts  or  the  side 
street  or  public  way,  there  shall  be  not  less  than  two  exits  on 
each  side  in  each  tier  from  and  including  the  ground  floor  and 
each  and  every  gallery. 


156  BUILDING  CODE. 


Each  exit  shall  be  at  least  five  (5)  feet  wide  in  the  clear  and 
provided  with  fire  doors  constructed  as  provided  in  this  Code. 

All  of  said  doors  shall  open  outwardly  and  shall  be  arranged 
to  open  by  a  slight  pressure  from  the  inside  without  the  un- 
fastening of  bolts  or  latches. 

There  shall  be  balconies  not  less  than  four  (4)  feet  in  width 
in  said  open  courts  at  each  level  or  tier  above  the  ground  floor 
of  suflficient  length  to  embrace  the  two  exits,  and  from  said  bal- 
conies there  shall  be  staircases  extending  to  the  ground  level 
with  a  rise  of  not  more  than  eight  (8)  inches  to  a  step,  and  not 
less  than  ten   (10)   inches  tread  exclusive  of  nosing. 

All  stairs  and  balconies  sfiall  be  constructed  of  fireproof  ma- 
terial. 

No  circular  or  winding  stairs  for  the  use  of  the  public  shall 
be  permitted,  either  inside  or  outside  of  the  building, 

§  193.     Inside  Stairway. 

No  theater  shall  have  more  than  three  floor  tiers  above  the 
main  floor  of  the  auditorium. 

Distinct  and  separate  places  of  entrances  and  exit  shall  be 
provided  for  each  gallery  above  the  balcony  or  first  gallery,  by 
means  of  inside  stairways  leading  to  the  street  or  other  public 
way  and  not  through  the  main  auditorium  or  balcony. 

No  passage  leading  to  any  stairway  communicating  with  an 
exit  (not  including  fire  escape  exits)  shall  be  less  than  four  (4) 
feet  in  width. 

The  width  of  the  stairs  shall  be  measured  in  the  clear  be- 
tween  hand  rails. 

§  194.     Risers  and  Treads. 

In  no  case  shall  the  risers  of  any  inside  stairway  exceed  seven 
and  one-half  (71/2)  inches  in  height,  nor  shall  the  treads  ex- 
clusive of  nosings  be  less  than  ten  and  one-half  (IOI/2)  inches 
in  width  in  straight  stairs. 

All  stairs  within  the  building  shall  be  constructed  of  fireproof 
material  throughout. 

Stairs  from  balcony  or  galleries  shall  not  communicate  with 
the  basement  or  cellar. 

No  doors  shall  open  immediately  upon  a  flight  of  stairs,  but 
in  all  cases  a  landing  at  least  the  width  of  the  door  shall  be  pro- 
vided. 


BUILDING  CODE.  157 


Doors  to  Open  Outwardly. 

All  doors  shall  open  outwardly  as  hereinbefore  provided  in 
the  case  of  emergency  exits. 

All  stairs  shall  have  treads  of  uniform  width  and  risers  of 
uniform  height  throughout  in  each  flight. 

§  195.     Width  of  Inside  Stairways. 

No  stairways  from  galleries  shall  be  less  than  four  (4)  feet 
in  width. 

When  accommodation  is  provided  for  one  hundred  or  more 
people,  there  shall  be  at  least  two  stairs  extending  to  the  ground 
arranged  on  opposite  sides  of  gallery,  and  for  every  additional 
seventy-five  people  or  fraction  thereof  in  excess  of  the  first  one 
hundred  to  be  accommodated,  six  inches  shall  be  added  to  the 
width  of  the  stairs  divided  between  the  two  flights. 

Where  the  seating  capacity  of  the  galleries  is  for  more  than 
one  thousand  (1,000)  persons,  one  or  more  additional  staircases 
shall  be  provided. 

§  196.     Stair  Landings  in  Theaters. 

When  straight  stairs  return  direct  on  themselves,  a  landing 
of  the  full  width  of  both  flights  without  any  steps  shall  be  pro- 
vided. 

The  outer  line  of  landings  shall  be  curved  to  a  radius  of  not 
less  than  (2)  feet  to  avoid  square  angles.  ^ 

Stairs  turning  at  an  angle  shall  have  a  landing  without  wind- 
ers introduced  at  said  turn. 

In  stairs  when  two  side  flights  connect  with  one  main  flight, 
no  winders  shall  be  introduced,  and  the  width  of  the  main  flight 
shall  be  at  least  equal  to  the  aggregate  width  of  the  side  flights. 

§  197.     Hand  Rails. 

All  inclosed  staircases  shall  have  on  both  sides  strong  hand 
rails  firmly  secured  to  the  wall  about  three  inches  distant  there- 
from and  about  three  feet  above  the  stairs,  but  said  hand  rails 
shall  not  run  on  level  platforms  and  landings  where  the  same  are 
of  greater  length  than  the  width  of  the  stairs. 

All  staircases  eight  feet  and  over  in  width  shall  be  provided 
with  a  center  hand  rail  of  metal,  not  less  than  two  inches  in 
diameter,  placed  at  a  height  of  about  three  feet  above  the  center 


158  BUILDING  CODE. 


of  the  treads  and  supported  on  wrought  metal  or  brass  standards 
of  sufficient  strength  placed  not  nearer  than  four  feet  nor  more 
than  six  feet  apart,  and  securely  bolted  to  the  tread  or  risers  of 
stairs,  or  both,  and  at  the  head  of  each  flight  of  stairs  on  each 
landing,  the  post  or  standard  shall  be  at  least  six  feet  in  height, 
to  which  the  rail  shall  be  secured. 

§  198.     Proscenium  Wall. 

A  fire  wall,  built  of  brick  or  its  equivalent,  not  less  than  thir- 
teen inches  in  any  portion  of  same  shall  separate  the  auditorium 
from  the  stage,  and  the  same  shall  extend  at  least  four  feet  above 
the  stage  roof,  or  the  auditorium  roof,  if  the  latter  be  the  higher 
and  shall  be  coped. 

Above  the  proscenium  opening  there  shall  be  an  iron  girder 
of  sufficient  strength  to  safely  support  the  load  above  and  the 
same  shall  be  covered  with  fireproof  material  not  less  than  four 
inches  in  thickness. 

Should  there  be  constructed  an  orchestra  over  the  stage  above 
the  proscenium  opening,  the  said  orchestra  shall  be  placed  on  the 
auditorium  side  of  the  proscenium  fire  wall,  and  shall  be  entered 
only  from  the  auditorium  side  of  said  wall. 

The  molded  frame  around  the  proscenium  opening  shall  be 
formed  entirely  of  fireproof  materials;  if  metals  be  used,  the 
metal  shall  be  filled  in  solid  with  non-combustible  material  and 
securely  anchored  to  the  wall  with  iron. 

§  199.  Curtain. 
The  proscenium  opening  shall  be  provided  with  a  fireproof 
metal  curtain,  or  a  curtain  of  asbestos  or  other  fireproof  material 
approved  by  the  Inspector  of  Buildings,  overlapping  the  brick 
proscenium  wall  at  each  side  within  iron  grooves  or  channels  to 
a  depth  of  not  less  than  twelve  inches,  said  grooves  or  channels 
to  be  securely  bolted  to  the  brick  wall  and  extend  to  a  height  of 
not  less  than  three  feet  above  the  top  of  the  curtain  when  raised 
to  its  full  limit.  Said  curtain  to  be  suspended  or  hung  by  steel 
cables  passing  over  wrought  iron  or  steel  sheaves  supported  by 
wrought  iron  brackets  of  sufficient  strength  and  well  braced ;  the 
brackets  to  be  securely  attached  to  the  proscenium  wall  by 
through  bolts  with  nuts  and  washers  on  the  opposite  side  of  the 
wall. 


BUILDING  CODE.  159 


Said  fireproof  curtain  shall  be  raised  at  the  commencement 
of  each  performance,  lowered  between  each  act,  and  lowered  at 
the  close  of  said  performance,  and  be  operated  by  approved  ma- 
chinery for  that  purpose. 

If  the  proscenium  curtain  be  of  asbestos,  that  material  shall 
be  reinforced  with  wire  or  wire  spun  in  the  asbestos,  and  at  the 
bottom  of  the  curtain  shall  be  placed  a  rigid  metallic  rod  or  bar 
of  proper  weight  securely  fastened  to  the  curtain  and  covered 
over  with  like  material  as  the  curtain  itself,  to  carry  down  the 
curtain  by  the  weight  of  the  said  rod  or  bar  when  released. 

The  excess  weight  of  the  curtain  is  to  be  overcome  by  a  check 
rope  of  cotton  or  hemp,  extending  to  the  floor  on  both  sides  of 
the  stage  so  that  cutting  or  burning  of  which  will  release  the  cur- 
tain and  the  same  will  then  descend  at  its  normal  rate  of  speed. 

The  proscenium  curtain  shall  be  placed  at  the  nearest  point 
at  least  two  feet  distant  from  the  footlights. 

No  doorway  or  opening  through  the  proscenium  wall  from 
the  auditorium  shall  be  allowed  above  the  level  of  the  first  floor, 
and  such  first  floor  openings  shall  have  self-closing  standard  fire 
doors  at  each  side  of  the  wall ;  and  openings,  if  any,  below  the 
stage  shall  each  have  a  self-closing  standard  fire  door,  and  all  of 
the  said  doors  shall  be  hung  so  as  to  be  opened  from  either  side 
of  the  wall  at  all  times. 

§  200.     Skylights. 

There  shall  be  provided  over  the  stage  metal  skylights  of  an 
area  or  combined  area  at  least  one-twelfth  of  the  area  of  said 
stage,  fitted  with  rolling  sash  and  glazed  with  glass  not  exceed- 
ing one-eighth  of  an  inch  thick,  and  each  pane  thereof  measuring 
not  less  than  three  hundred  square  inches. 

The  rolling  sash  shall  be  fitted  with  brass  wheels  not  less  than 
two  and  one-half  inches  in  diameter,  and  the  latter  shall  roll  on 
metal  tracks  extending  the  entire  length  of  the  sash.  The  por- 
tion of  the  tracks  extending  from  the  edge  of  the  curb  of  the 
skylight  to  the  end  of  the  incline  may  be  made  of  iron. 

These  skylights  shall  be  set  on  curbs  so  that  the  lowest  por- 
tion of  the  tracks  upon  which  they  slide  shall  be  not  less  than 
twelve  inches  above  the  roof. 

The  whole  of  which  skylight  shall  be  so  constructed  as  to  open 
instantly  on  the  cutting  or  burning  of  a  hempen  cord  which 


160  BUILDING  CvODE. 


shall  be  arranged  to  hold  said  skylight  closed,  or  some  other 
equally  simple  approved  automatic  device  for  opening  them  may 
be  provided. 

Immediately  underneath  the  glass  of  said  skylights  there  shall 
be  wire  netting,  but  wire  glass  shall  not  be  used  in  lieu  of  this 
requirement. 

§  201.     Ventilator. 

In  lieu  of  the  skylights  covered  with  glass,  provided  for  in 
section  200,  ventilators  may  be  used,  constructed  as  follows : 

There  shall  be  one  or  more  ventilators  constructed  of  metal 
or  other  incombustible  material  near  the  center  above  the  highest 
part  of  the  stage  in  every  theater.  Stage  ventilator  shall  extend 
at  least  fifteen  feet  over  all  above  the  stage  roof  and  shall  have 
a  combined  area  of  at  least  one-twelfth  of  the  area  within  the 
stage  walls. 

The  opening  in  every  stage  ventilator  shall  be  closed  by  one 
or  more  dampers  so  counterbalanced  as  to  open  automatically 
and  to  be  held  closed  by  a  hempen  cord,  in  which  shall  be  in- 
serted a  fusible  link  at  such  a  point  as  to  be  near  the  bottom  of 
the  ventilator.  Such  cord  or  cords  operating  said  dampers  shall 
be  run  to  stage  floor  and  to  be  fastened  at  a  point  nearest  to  the 
stage  manager's  station,  which  must  be  easily  reached  and  shall 
be  designated  with  a  sign  to  read  "Release  in  Case  of  Fire." 

It  is  imperative  that  said  automatic  dampers  and  their  counter- 
balancer  be  tested  from  time  to  time  and  kept  in  perfect  working 
order  so  as  to  insure  an  automatic  release  at  all  times. 

§  202.     Stage. 

All  that  portion  of  the  stage  not  comprised  in  the  working  of 
scenery,  traps  and  other  mechanical  apparatus,  for  the  presenta- 
tion of  a  scene,  usually  equal  to  the  width  of  the  proscenium 
opening,  shall  be  built  of  iron  or  steel  beams  filled  in  between 
with  fireproof  material,  and  all  girders  for  the  support  of  said 
beams  shall  be  of  wrought  iron  or  rolled  steel. 

The  fly  galleries  and  the  tie  galleries  entire,  including  pin- 
rails,  shall  be  constructed  of  iron  or  steel,  and  the  floors  of  said 
galleries  shall  be  composed  of  iron  or  steel  beams  filled  in  with 
fireproof  materials,  and  no  wood  boards  or  sleepers  shall  be  used 
in  covering  over  beams,  but  the  said  floors  shall  be  entirely  fire- 
proof. 


BUILDING  CODE.  161 


The  gridiron  or  rigging  loft  shall  have  a  lattice  iron  floor,  and 
be  readily  accessible  by  iron  stairways. 

§  203.     Fireproofing. 

All  stage  scenery,  curtains  and  decorations  made  of  com- 
bustible material,  and  all  woodwork  on  or  about  the  stage,  shall 
be  painted  or  saturated  with  some  non-combustible  material  or 
otherwise  rendered  safe  against  fire. 

And  the  finishing  coats  of  paint  applied  to  all  woodwork 
throughout  the  entire  building  shall  be  of  such  kind  as  will  resist 
fire. 

The  roof  over  the  auditorium  and  the  entire  main  floor  of 
the  auditorium  and  vestibule,  also  the  entire  superstructure  over 
the  entrance,  lobby  and  corridors  and  all  the  galleries  and  sup- 
ports for  the  same  in  the  auditorium  shall  be  constructed  of 
iron  or  steel  and  fireproof  materials,  not  excluding  the  use  of 
wood  floor  boards  and  necessary  sleepers  to  fasten  the  same  to, 
but  such  sleepers  shall  not  mean  timbers  of  support,  and  the 
space  between  the  sleepers,  excepting  the  portion  under  the  step- 
ping in  the  galleries  which  shall  be  properly  fire-stopped,  shall 
be  solidly  filled  with  incombustible  material  up  to  the  under  side 
of  the  floor  boards. 

The  fronts  of  each  gallery  shall  be  entirely  formed  of  fire- 
proof materials,  except  the  capping,  which  may  be  made  of  wood. 

The  ceiling  under  each  gallery  shall  be  entirely  formed  of  fire- 
proof materials. 

The  ceiling  of  the  auditorium  shall  be  formed  of  fireproof  ma- 
terials. 

All  lathing,  whenever  used,  shall  be  of  wire  or  other  metal  on 
metali  studding. 

The  partitions  in  that  portion  of  the  building  which  contains 
the  auditorium,  the  entrance  and  vestibule,  and  every  room  and 
passage  devoted  to  the  use  of  the  audience,  shall  be  constructed  of 
fireproof  materials,  including  the  furring  of  outside  or  other 
walls. 

None  of  the  walls  or  ceilings  shall  be  covered  with  wood 
sheathing,  wood  wainscoting  or  any  combustible  material. 

But  this  shall  not  preclude  the  construction  of  a  wood  sound- 
ing board  over  orchestra  pit  when  the  same  extends  back  of  and 
below  the  overhang  of  the  stage,  provided  the  said  wood  sheath- 


162  BUILDING  CODE. 


ing  be  properly  fire-stopped  by  a  twelve-inch  brick  wall  back  of 
same,  and  also  have  a  proper  fireproof  construction  directly 
under  the  overhang  of  the  stage  extending  from  the  brick  wall  to 
the  apron  of  the  stage. 

§  204.     Dressing  Rooms. 

All  walls,  floors  and  ceilings  enclosed  or  dividing  actors'  dress- 
ing rooms  shall  be  fireproof. 

All  stairways,  passages  and  doors  from  dressing  rooms  to 
stage,  or  from  dressing  rooms  to  exits  shall  be  fireproof. 

Dressing  rooms  may  be  placed  in  the  rear  or  at  either  side  of 
the  stage,  provided  that  thorough  ventilation  is  secured  for  said 
rooms  and  provided  further  that  proper  exits  lead  to  public  way. 

All  shelving  and  cupboards  in  each  and  every  dressing  room, 
property  room  or  other  storage  rooms,  shall  be  constructed  of 
metal,  slate  or  some  fireproof  material. 

§  205.     Windows. 
None  of  the  windows  in  outside  walls  shall  have  fixed  sashes, 
fixed  iron  grills  or  bars ;  these  may  be  arranged  to  hinge  and  lock, 
but  must  be  left  unlocked  during  performances. 

§  206.     Seats  and  Aisles. 

All  seats  in  the  auditorium,  excepting  those  contained  in  boxes, 
shall  be  not  less  than  thirty-two  (32)  inches  from  back  to  back, 
measured  in  a  horizontal  direction,  and  firmly  secured  to  the 
floor.  No  seat  in  the  auditorium  shall  have  more  than  six  seats 
intervening  between  it  and  an  aisle  on  either  side. 

No  stool  or  seat  shall  be  placed  in  any  aisle. 

All  platforms  in  galleries  formed  to  receive  the  seats  shaH 
be  not  more  than  twenty-four  (24)  inches  in  height  of  riser, 
nor  less  than  thirty  (30)  inches  in  width  of  platform. 

All  aisles  on  the  respective  floors  in  the  auditorium  having 
seats  on  both  sides  of  same  shall  be  not  less  than  three  feet 
wide  where  they  begin,  and  shall  be  increased  in  width  toward 
the  exits  in  the  ratio  of  one  and  one-half  inches  to  five  running 
feet.  Aisles  having  seats  on  one  side  only,  shall  be  not  less  than 
two  feet  six  inches  wide  at  the  beginning  and  increased  in  width 
the  same  as  aisles  having  seats  on  both  sides. 


BUILDING  CODE.  163 


§  207.  Foyers. 
The  aggregate  capacity  of  the  foyers,  lobbies,  corridors, 
passages  and  rooms  for  the  use  of  the  audience,  not  including 
aisle  space  between  seats,  shall  on  each  floor  or  gallery  be  suffi- 
cient to  contain  the  entire  number  to  be  accommodated  on  said 
floor  or  gallery  in  the  ratio  of  one  hundred  and  fifty  (150)  super- 
ficial feet  of  floor  room  for  every  one  hundred   (100)   persons. 

§  208.     Heating. 

Every  steam  boiler  which  piay  be  required  for  heating  or 
other  purposes  shall  be  located  outside  of  the  building,  either 
under  the  sidewalk  or  in  an  extension,  but  in  no  case  under  or 
within  any  portion  of  the  building  used  for  theatrical  purposes, 
and  the  space  allotted  to  the  same  shall  be  inclosed  by  walls  of 
masonry  on  all  sides,  and  the  ceiling  of  such  space  shall  be  con- 
structed of  fireproof  materials.  All  doorways  in  said  walls  con- 
necting with  the  building  shall  have  standard  automatic  sliding 
fire  doors. 

No  floor  register  for  heating,  ventilating  or  other  purposes 
shall  be  permitted. 

No  coil  or  radiator  shall  be  placed  in  any  aisle  or  passage- 
way used  as  an  exit,  and  thereby  reduce  the  same  to  less  than 
the  width  required  by  this  section,  but  all  said  coils  and  radiators 
shall  be  placed  in  recesses  formed  in  wall  or  partition  to  receive 
same. 

All  supply,  return  or  exhaust  pipes  shall  be  properly  incased 
where  passing  through  floors  or  near  woodwork, 

§  209.     Standpipes. 

Standpipes  of  not  less  than  four  (4)  inches  in  diameter  shall 
be  provided,  same  to  be  supplied  by  a  main  not  less  than  six  (6) 
inches  in  diameter  to  be  connected  to  the  street  main  and  extend- 
ed to  the  inside  of  the  proscenium  wall  under  the  stage,  where 
suitable  fittings  must  be  installed  to  allow  a  four-inch  lead  to 
either  side  of  building  for  standpipe  service. 

All  standpipes  to  be  free  of  obstruction;  said  standpipes  to 
be  supplied  with  hose  connections  as  follows: 

On  each  side  of  auditorium  in  each  tier. 

One  on  each  side  of  the  stage  in  each  tier. 


164  BUILDING  CODE. 


One  within  ten  (10)  feet  of  the  door  of  the  carpenter  shop 
and  scenery  storage  room. 

Standpipes  shall  receive  their  supply  of  water  from  the  city 
mains,  and  in  addition  to  this  requirement,  a  "Siamese"  inlet 
connection  with  two  two-and-one-half-inch  female  hose  connec- 
tions for  steamer  supply  shall  be  placed  on  outside  of  building 
in  a  convenient  place;  said  location  to  be  approved  by  the  chief 
of  the  Fire  Department;  said  hose  connections  to  have  the  thread 
used  by  the  Louisville  Fire  Department. 

This  system  shall  also  be  connected  to  the  automatic  sprink- 
ler system. 

Pipes  shall  be  fitted  with  approved  straightway  composition 
gate  valves  at  hose  outlets,  and  the  thread  of  all  connections 
shall  be  uniform  with  that  in  use  by  the  local  Fire  Department. 

One  spanner  to  be  located  at  each  hose  connection. 

Pipes  shall  be  kept  constantly  filled  with  water  under  pressure 
and  be  ready  for  immediate  use  at  all  times. 

A  sufficient  quantity  of  approved  linen,  cotton  rubber  lined 
or  rubber  hose  not  less  than  two  and  one-half  (21/4)  inches  in 
diameter,  in  fifty  foot  lengths,  but  not  less  than  fifty  (50)  feet 
in  total  length,  shall  be  kept  attached  to  each  hose  connection. 

Hose  shall  be  fitted  with  washers  and  equipped  with  couplings 
and  nozzles,  the  thread  of  which  shall  be  uniform  with  that  in 
use  by  the  local  Fire  Department. 

§  210.     Automatic  Sprinklers. 

A  system  of  automatic  sprinklers  shall  be  installed  through- 
out the  entire  stage  section  of  the  theater,  located  in  the  rear 
of  the  proscenium  wall,  this  to  include  under  roof,  under  grid- 
iron, under  galleries,  under  the  stage,  in  all  dressing  rooms,  in 
all  workshops,  property  and  all  other  rooms  and  passageways. 

There  shall  be  an  independent  water  supply  to  the  sprinklers, 
which  may  consist  of  a  gravity  tank  of  not  less  than  ten  thou- 
sand (10,000)  gallons  capacity,  and  elevated  not  less  than  tAventy- 
five  (25)  feet  above  the  highest  sprinkler,  the  tank  to  be  sup- 
plied from  the  city  main,  which  has  a  normal  pressure  of  about 
seventy  pounds  to  the  square  inch. 

There  shall  be  kept  in  readiness  for  immediate  use  one  forty- 
gallon  cask  filled  with  water  and  six  fire  pails  on  each  side  of 
the  stage,  under  the  stage,  on  each  fly  gallery,  and  a  supply  of 


BUILDING  CODE.  165 


fire  pails  in  property  and  other  storerooms  and  in  each  work- 
shop; said  casks  and  buckets  shall  be  painted  red  and  lettered 
"For  Fire  Purposes  Only." 

There  shall  also  be  provided  six  three-gallon  approved  chemi- 
cal fire  extinguishers,  at  least  four  axes,  two  twenty-foot  hooks, 
two  fifteen-foot  hooks  and  two  ten-foot  hooks  on  the  stage,  and 
such  other  appliances  as  may  be  required  for  fire  protection. 

§  211.     Lights. 

Every  portion  of  the  building  devoted  to  the  uses  or  accom- 
modation of  the  public,  also  all  outlets  leading  to  the  streets  and 
including  the  open  courts  and  corridors,  shall  be  well  and  prop- 
erly lighted  during  every  performance,  and  same  shall  remain 
lighted  until  the  entire  audience  has  left  the  premises. 

There  shall  be  one  light  within  a  red  globe  or  lantern  placed 
over  each  exit  opening  on  the  auditorium  side  of  the  wall. 

A  diagram  or  plan  of  each  tier,  gallery  or  floor,  showing  dis- 
tinctly the  exits  therefrom,  each  occupying  a  space  not  less  than 
fifteen  square  inches,  shall  be  printed  in  black  lines  in  a  legible 
manner  on  the  programme  of  the  performance. 

Every  exit  shall  have  over  the  same  on  the  inside  the  word 
EXIT  in  legible  letters  not  less  than  eight  inches  high. 

§  212.     Theaters  Without  Fly  Gallery  or  Rigging  Loft. 

Theaters,  halls,  club  or  assembly  rooms  having  a  stage  less 
than  twenty  feet  in  depth  with  no  basement  under  same  and 
having  no  fly  gallery  or  rigging  loft,  but  simply,  a  stage  to  be 
used  for  concerts,  vaudeville  performances  and  like  form  of 
amusement,  will  not  be  required  to  have  masonry  proscenium 
walls  as  required  for  theaters  of  the  first  class  described  in  this 
Code,  but  all  partitions  shall  be  of  metal  lath  and  plaster  or 
other  fireproof  construction.  All  curtains  and  scenery  used  in 
such  buildings  shall  be  fireproofed. 

Standpipes  and  other  fire  appliances,  such  as  are  required 
for  theaters  with  proscenium  wall,  fly  gallery  and  rigging  loft, 
will  not  be  required,  but  each  such  building  shall  be  equipped 
with  at  least  three  chemical  fire  extinguishers  of  three  gallons 
capacity  each  and  such  other  fire-fighting  apparatus  as  may  be 
necessary  to  safeguard  the  building. 


166  BUILDING  CODE. 


The  arrangements  of  exits,  aisles  and  seats  shall  be  the  same 
as  prescribed  for  theaters  of  the  first  class  of  like  seating  ca- 
pacity, except  that  theaters  having  no  balcony  or  gallery  and 
seating  less  than  seven  hundred  persons,  may  have  only  two  side 
exits  in  addition  to  the  main  entrance,  these  side  exits  to  be  not 
less  than  five  (5)  feet  in  width. 

§  213.     Halls  Above  Sidewalk  Level. 

No  public  hall  or  assembly  hall  seating  more  than  five  hun- 
dred people  shall  be  located  more  than  thirty  feet  above  the  side- 
walk, unless  such  room  is  in  a  fireproof  building  made  fireproof 
throughout,  and  connected  with  the  street  by  fireproof  stair- 
ways of  such  width  as  is  elsewhere  provided  in  this  Code.  Such 
hall  may  have  a  stage,  but  no  movable  scenery. 

Baseball  stands  and  all  other  forms  of  outdoor  places  of 
amusements  shall  conform  to  all  the  requirements  of  this  Code 
for  public  halls,  as  to  aisles,  stairways,  arrangement  of  seats, 
and  all  the  construction  of  such  stands  shall  be  subject  to  the 
requirements  of  this  Code. 

§  214.     Moving  Picture  Theaters  or  Rooms. 

Every  theater  or  room  used  for  the  purpose  of  operating  a 
moving  picture  machine  shall  be  on  the  ground  floor  of  the  build- 
ing in  which  it  is  located,  and  shall  front  on  a  public  way. 

In  no  case  shall  there  be  a  means  of  connection  from  said 
room  to  any  other  room  or  building,  nor  shall  any  other  busi- 
ness be  operated  or  conducted  in  such  room. 

All  exterior  walls  shall  be  of  some  incombustible  material. 

The  entire  floor  of  the  auditorium,  foyer  and  the  exits  to 
the  streets  shall  be  constructed  of  fireproof  material  through- 
out, or  if  joist  construction  is  used  in  the  floor,  the  space  be- 
tween such  joists  be  filled  with  fireproof  material. 

Every  room  used  for  the  purpose  of  exhibiting  moving  pic- 
tures shall  have  two  (2)  exits  in  the  front  and  at  least  one  exit 
on  the  side  or  rear.  Each  exit  doorway  shall  not  be  less  than 
five  (5)  feet  in  width. 

If  the  machine  booth  is  in  the  front  of  the  building,  then 
there  shall  be  two  exits  in  the  rear,  or  on  the  sides  near  the 
curtain. 


BUILDING  CODE.  167 


All  doors  must  open  outwardly  and  shall  not  be  locked  or 
bolted  while  the  room  is  open  to  the  public. 

Side  or  rear  exits  shall  open  direct  into  a  street,  alley  or 
courtyard,  free  from  obstruction,  with  direct  access  therefrom 
to  a  public  way. 

No  aisle  shall  be  less  than  three  (3)  feet  in  width. 

All  seats  shall  not  be  less  than  thirty-two  (32)  inches  from 
back  to  back,  and  not  less  than  twenty  (20)  inches  in  width  from 
center  to  center  of  the  arms. 

Seats  shall  be  firmly  secured  to  the  floor.  No  camp  chairs  or 
stools  shall  be  used  in  such  rooms. 

In  every  room  where  picture  machines  are  operated,  there 
shall  be  placed  three  (3)  chemical  fire  extinguishers  of  type 
approved  by  the  Board  of  Fire  Underwriters.  One  extinguisher 
shall  be  placed  in  the  operating  booth,  one  near  the  curtain  and 
one  near  the  front  or  main  entrance. 

All  moving  picture  machines  must  be  in  a  fireproof  booth 
or  compartment,  and  all  machines,  booths  and  all  wiring  shall 
be  constructed  in  conformity  with  the  rules  and  requirements 
of  the  ordinances  governing  electrical  wiring  in  the  city  of 
Louisville. 

All  moving  picture  theaters  with  seating  capacity  of  five 
hundred  (500)  or  more,  shall  conform  to  all  requirements  of 
this  Code  for  theaters  without  fly  gallery  or  rigging  loft,  and 
shall  be  fireproof  throughout. 


PART  XXVIII. 
APARTMENT  HOUSES  AND  TENEMENT  HOUSES.* 

§  215.  Apartment  Houses  and  Tenement  Houses. 
Every  building  hereafter  erected  for  use  as  an  apartment  or 
a  tenement  house  over  three  stories  and  basement  in  height  and 
every  non-fireproof  building  hereafter  altered  for  use  as  an 
apartment  house  or  a  tenement  house  over  three  stories  and 
basement  in  height  shall  be  of  fireproof  construction. 


=^But  see  the  "Tenement  House  Law,"  Charter,  Sec.  3037g,  which  mate- 
rially changes  Part  XXVIII  of  the  Building  Code,  in  so  far  as  houses  for 
three  or  more  families  are  affected. 


168  BUILDING  CODE. 


§  216.  Cellar  Stairs. 
The  stairs  from  the  cellar  or  lowest  story  to  the  floor  next 
above  when  placed  within  any  apartment  house  or  tenement 
house  shall  be  located,  when  practicable,  to  the  rear  of  the  stair- 
case leading-  from  the  first  story  to  the  upper  stories,  and  in  all 
cases  be  inclosed  with  fireproof  walls,  and  such  stairway  shall 
be  provided  with  self-closing  fireproof  doors  at  the  top  and  bot- 
tom of  said  flight  of  stairs.  When  such  stairway  is  placed  under- 
neath the  first  story  staircase  it  shall  be  constructed  fireproof 
and  be  roofed  over  with  fireproof  material,  and  be  also  inclosed 
with  fireproof  walls,  with  self-closing  fireproof  doors  at  the  top 
and  bottom  of  said  flights  of  stairs.  When  the  stairs  from  the 
first  story  to  the  cellar  or  lowest  story  are  located  in  an  open 
court,  the  door  leading  thereto  from  the  first  story  may  be  placed 
underneath  the  staircase  in  the  first  story  and  the  strings  and 
railings  of  such  outside  stairs  shall  be  of  iron,  and  if  the  stairs 
be  inclosed  from  the  weather,  incombustible  material  only  shall 
be  used  for  that  purpose. 

§  217.     Hallway  Inclosures  and  Staircases. 

In  all  non-fireproof  apartment  houses  or  tenement  houses 
hereafter  erected  three  stories  and  basement  in  height,  but  not 
exceeding  fifty-five  feet  in  height,  and  occupied  or  arranged  to 
be  occupied  by  more  than  two  families  on  any  floor,  the  stair- 
case hafls  shall  be  inclosed  with  fireproof  walls,  and  the  said 
hall  inclosures  shall  have  a  connecting  hallway  in  the  first  story 
and  extend  to  the  street,  inclosed  with  suitable  walls  of  brick, 
or  such  other  fireproof  materials,  including  ceiling,  as  may  be 
approved  by  the  Inspector  of  Buildings. 

In  fireproof  apartment  houses  and  tenement  houses  hereafter 
erected,  the  stair  halls  and  hallway  leading  to  the  street  shall 
be  inclosed  in  brick  walls,  and  in  other  respects  be  constructed 
as  required  by  this  Code  for  fireproof  construction. 

Eight-inch  brick  walls  not  exceeding  fifty  feet  in  their  ver- 
tical measurement  may  inclose  said  halls  and  stairs  and  be  used" 
as  bearing  walls  where  the  distance  between  the  outside  bearing 
walls  does  not  exceed  thirty-three  feet,  and  the  area  between 
the  said  brick  inclosure  walls  does  not  exceed  one  hundred  and 
eighty  superficial  feet. 


BUILDING  CODE.  169 


At  least  one  flight  of  stairs  or  ladder  stairs  in  each  of  said 
buildings  shall  extend  to  the  roof  and  there  have  exit. 

Whenever  the  walls  inclosing  the  entrance  hall  of  any  apart- 
ment or  tenement  house  hereafter  erected,  support  beams  or 
girders  earring  a  brick  wall  above,  the  said  walls  shall  be  not 
less  than  twelve  inches  thick  laid  in  cement  mortar. 

§  218.     Closet  Prohibited  Under  First  Story  Staircase. 

No  closet  shall  be  constructed  underneath  the  staircase  of 
any  story,  but  the  space  thereunder  shall  be  left  entirely  open 
and  kept  free  from  incumbrance ;  but  this  shall  not  prohibit  the 
inclosing  without  openings  the  under  portion  of  the  first  story 
staircase  from  the  foot  of  the  same  to  a  point  where  the  height 
from  the  floor  line  to  the  soffit  of  the  staircase  shall  not  exceed 
five  feet. 

§  219.     Percentage  of  Lot  Occupied. 

No  apartment  house  or  tenement  house  hereafter  erected 
shall  occupy  more  than  ninety  per  centum  of  a  corner  lot,  or 
more  than  seventy  per  centum  of  any  lot;  Provided,  that  the 
space  occupied  by  outside  fire  escapes  projecting  not  more  than 
four  feet  shall  not  be  deemed  a  part  of  the  lot  occupied. 

For  the  purpose  of  this  section,  the  measurements  shall  be- 
taken  at  the  ground  level,  except  that  where  any  such  building 
has  a  store  on  the  first  story,  and  that  story  is  or  is  intended 
to  be  occupied  for  business  purposes  only,  the  measurements 
as  to  percentage  of  lots  occupied  may  be  taken  at  the  level  of 
the  second  story  beams. 

§  220.     Yards. 

Behind  every  apartment  house  and  tenement  house  four 
stories  in  height  hereafter  erected  on  an  inside  lot,  there  shall 
be  a  yard  not  less  than  ten  feet  in  depth,  extending  across  the 
entire  width  of  the  lot,  and  at  every  point  open  from  the  ground 
to  the  sky  unobstructed,  except  that  fire  escapes  or  uninclosed 
outside  stairs  may  project  not  over  four  feet  from  the  rear  line 
of  the  house. 

Said  yard  shall  be  increased  in  depth  six  inches  for  every 
additional  story  in  height  of  the  building. 

And  may  be  decreased  in  depth  one  foot  for  every  story  in 
height  of  the  building  less  four  stories. 


170  BUILDING  CODE. 


The  depth  of  the  yard  behind  every  apartment  house  and 
tenement  house  hereafter  excepted  upon  a  corner  lot,  shall  be 
not  less  than  five  feet  in  every  part  for  the  full  width  of  the 
lot,  and  such  depth  need  not  be  increased  when  the  building 
exceeds  four  stories  in  height,  nor  shall  it  be  decreased  in  depth 
when  the  building  is  less  than  four  stories  in  height,  except  that, 

Where  an  apartment  house  or  a  tenement  house  is  hereafter 
erected  on  a  corner  lot,  and  when  any  such  building  has  a  store 
on  the  first  story,  the  said  yard  or  open  space  unencumbered 
except  by  fire  escapes  projecting  not  more  than  four  feet,  may 
start  at  the  level  of  the  second  story  floor  beams. 

Where  a  corner  lot  is  more  than  fifty  feet  in  width,  the  yard 
for  that  portion  in  excess  of  fifty  feet  shall  conform  to  the  pro- 
visions of  this  section  for  inside  lots. 

Where  an  apartment  house  or  a  tenement  house  hereafter 
erected  is  situated  on  a  lot  formed  by  the  intersection  of  two 
streets  at  an  acute  angle,  the  yard  of  the  said  house  need  not  ex- 
tend across  the  entire  width  of  the  lot,  provided,  that  it  extends 
to  a  point  in  line  with  the  middle  line  of  the  block. 

§  221.     Courts. 

A  court,  that  is,  an  open,  unoccupied  space  other  than  a 
yard  of  an  apartment  house  or  a  tenement  house  hereafter 
erected  shall  be  at  every  point  open  from  the  ground  to  the  sky, 
unobstructed  other  than  by  fire  escapes. 

Outer  Courts. — Where  one  side  of  an  outer  court,  that  is,  a 
court  extending  to  the  street  or  yard,  is  situated  on  the  lot 
line,  the  width  of  the  said  court  measured  from  the  lot  line  to 
the  opposite  wall  of  the  building,  for  apartment  houses  and 
tenement  houses  four  stories  and  basement  in  height,  shall  be 
not  less  than  four  feet  in  any  part; 

And  for  every  story  of  increase  above  four  stories  and  base- 
ment in  height  of  said  building,  such  width  shall  be  increased 
six  inches  throughout  the  entire  height  of  said  court; 

And  for  every  story  of  decrease  in  the  height  of  the  said  build- 
ing below  four  stories  and  basement,  such  width  may  be  de- 
creased one  foot. 

Where  an  outer  court  is  situated  between  wings  or  parts  of 
the  same  building  or  between  difl^erent  buildings  on  the  same  lot, 
the  width  of  the  said  court  measured  from  wall  to  wall,  for  apart- 


BUILDING  CODE.  171 


ment  houses  and  tenement  houses  four  stories  and  basement  in 
height,  shall  be  not  less  than  eight  feet  in  any  part; 

And  for  every  story  of  increase  above  four  stories  and  base- 
ment in  height  of  the  said  building,  such  width  shall  be  increased 
six  inches  throughout  the  entire  height  of  said  court; 

And  for  every  story  of  decrease  in  the  height  of  the  said  build- 
ing below  four  stories  and  basement,  such  width  of  the  said  court 
may  be  decreased  one  foot. 

Inner  Court. — Where  one  side  of  an  inner  court,  that  is,  a 
court  not  extending  to  the  public  way  or  yard,  is  situated  on  the 
lot  line,  the  width  of  the  said  court  measured  from  the  lot  line  to 
the  opposite  wall  of  the  building,  for  apartment  houses  and  tene- 
ment houses  four  stories  and  basement  in  height,  shall  be  not 
less  than  six  feet  in  any  part,  nor  less  than  seventy-two  square 
feet  in  area. 

And  for  every  story  of  increase  in  the  height  of  the  said  build- 
ing above  four  stories  and  basement,  such  width  shall  be  in- 
creased six  inches  throughout  the  entire  height  of  said  court  and 
ten  feet  added  to  the  area. 

And  the  other  horizontal  dimensions  shall  be  increased  one 
foot  throughout  the  entire  height  of  said  court. 

And  for  every  story  of  decrease  in  the  height  of  the  said 
building  below  four  stories  and  basement,  such  width  may  be 
decreased  six  inches  throughout  the  entire  height  of  the  said 
court  and  ten  feet  may  be  deducted  from  area. 

Where  an  inner  court  is  not  situated  upon  the  lot  line,  but  is 
inclosed  on  all  four  sides,  the  least  horizontal  dimension  of  the 
said  court  for  apartment  houses  and  tenement  houses  four  stories 
and, basement  in  height,  shall  be  not  less  than  twelve  feet; 

And  for  every  story  of  increase  above  four  stories  and  base- 
ment in  the  height  of  the  said  building,  the  said  court  shall  be  in- 
creased one  foot  in  each  horizontal  dimension  throughout  the 
entire  height  of  said  court; 

And  for  every  story  of  decrease  in  the  height  of  the  said 
building  below  four  stories  and  basement,  the  horizontal  dimen- 
sions of  the  said  court  may  be  decreased  six  inches  in  each  direc- 
tion. 

No  window,  except  windows  of  water-closet  compartments, 
bathrooms  or  halls,  shall  open  upon  any  offset  or  recess  less  than 
six  feet  in  width. 


172  BUILDING  CODE. 


§  222.     Outer  and  Inner  Courts. 

Nothing  contained  in  this  section  concerning  outer  and  inner 
courts  shall  be  construed  as  preventing  windows  at  the  angles  of 
said  courts. 

When  an  apartment  house  or  a  tenement  house  hereafter 
erected  has  a  store  on  the  first  story,  and  that  story  is,  or  is  in- 
tended to  be  occupied  for  business  purposes  only,  the  outer  and 
the  inner  courts  may  start  at  the  level  of  the  second  story  floor 
beams. 

§  223.     Rear  Tenement  Houses  or  Apartment  Houses. 
No  separate  tenement  or  apartment  house  shall  be  erected 
upon  the  rear  of  any  lot  where  there  is  not  left  a  sidewalk  of  at 
least  six  feet  in  width  between  the  face  of  the  building  and  the 
alley  curb  line. 

§  224.     Buildings  on  Same  Lot  with  Tenement  Houses  or  Apart- 
ment Houses. 

If  any  building  is  hereafter  placed  on  the  same  lot  with  a 
tenement  house  or  an  apartment  house,  the  space  between  the 
said  buildings  shall  always  be  of  such  size  and  arranged  in  such 
manner  as  is  prescribed  for  yards  in  rear  of  apartment  houses 
and  tenement  houses. 

And  no  building  of  any  kind  shall  be  hereafter  placed  upon 
the  same  lot  with  a  tenement  house  or  an  apartment  house  so 
as  to  decrease  the  minimum  size  of  courts  or  yards  as  herein- 
before prescribed. 

And  if  any  tenement  house  or  apartment  house  is  hereafter 
erected  upon  any  lot  upon  which  there  is  already  another  build- 
ing, it  shall  comply  with  all  the  provisions  of  this  section,  and 
in  addition  the  space  between  the  said  building  and  the  said 
tenement  house  or  apartment  house  shall  be  of  such  size  and 
arranged  in  such  manner  as  is  prescribed  in  this  section  for  inner 
courts. 

§  225.     Rooms,  Lighting  and  Ventilation  Of. 

In  every  apartment  house  or  tenement  house  hereafter  erected, 
every  room,  except  water-closet  compartments  and  bath  rooms, 
shall  have  at  least  one  window  opening  directly  upon  a  public 
way  or  upon  a  yard  or  court. 


BUILDING  CODE.  173 


§  226.     Windows  in  Rooms. 

In  every  apartment  house  or  tenement  house  hereafter  erected 
the  total  window  area  in  each  room,  except  water-closet  compart- 
ments and  bathrooms,  shall  be  at  least  one-tenth  of  the  floor  area 
of  the  room. 

And  the  top  of  at  least  one  window  shall  be  not  less  than  seven 
feet  six  inches  above  the  floor,  and  the  upper  half  of  it  shall  be 
made  so  as  to  open  the  full  width. 

No  such  window  shall  be  less  than  twelve  square  feet  in  area 
between  the  stop  beads. 

§  227.  Windows  in  Water-closet  Compartments  and  Bath- 
rooms, 

In  every  apartment  house  or  tenement  house  hereafter  erected 
the  total  window  area  in  a  water-closet  compartment  or  bath- 
room shall  be  not  less  than  three  square  feet  in  area  for  each. 

And  no  such  windows  shall  be  less  than  one  foot  in  width 
measured  between  stop  beads. 

§  228.     Rooms,  Size  Of. 

In  every  apartment  house  and  tenement  house  hereafter 
erected,  all  rooms,  except  water-closet  compartments  and  bath- 
rooms, shall  be  of  the  following  minimum  sizes : 

In  each  apartment  there  shall  be  at  least  one  room  containing 
not  less  than  one  hundred  and  twenty  square  feet  of  floor  area; 

No  living  or  sleeping  room  shall  contain  less  than  seventy 
square  feet  of  floor  area; 

Each  room  shall  be  in  every  part  not  less  than  nine  feet  high 
from  the  finished  floor  to  the  finished  ceiling; 

Provided  that  an  attic  room  need  be  nine  feet  high  in  but  one- 
half  its  area. 

§  229.     Public  Hallways. 

In  every  apartment  house  or  tenement  house  hereafter  erected 
exceeding  three  stories  and  basement  in  height,  every  public  hall- 
way, that  is,  a  corridor  not  within  an  apartment,  shall  have  at 
least  one  window  opening  directly  upon  the  public  way  or  upon 
a  yard  or  court. 

One  at  least  of  the  windows  provided  to  light  each  public  hall- 
way or  part  thereof  shall  be  at  least  two  feet  six  inches  wide  and 
five  feet  high,  measured  between  stop  beads. 


174  BUILDING  CODE. 


Any  part  of  a  hallway  which  is  shut  off  from  any  other  part 
of  said  hallway  by  a  door  or  doors  shall  be  deemed  a  separate 
hall  or  separate  hallway  within  the  meaning  of  this  section. 

In  every  apartment  house  and  tenement  house  hereafter 
erected  exceeding  three  stories  and  basement  in  height,  where 
the  public  hallway  is  not  provided  with  a  window  opening  directly 
to  the  outer  air,  sash  doors  admitting  light  to  the  public  hallways 
from  the  apartment  shall  be  provided. 

§230.     Stair  Hallway  Windows. 

In  every  apartment  house  or  tenement  house  hereafter 
erected  exceeding  three  stories  and  basement  in  height,  the 
aggregate  area  of  windows  to  light  or  ventilate  stair  halls,  that 
is,  the  public  hallways  which  include  the  stairs,  stair  landings 
and  those  portions  of  the  hallways  through  which  it  is  necessary 
to  pass  in  going  between  the  entrance  floor  and  the  roof  shall 
be  at  least  eighteen  square  feet  for  each  floor. 

There  shall  be  provided  for  each  story  at  least  one  of  said 
windows  which  shall  be  at  least  two  and  one-half  feet  wide  and 
five  feet  high,  measured  between  the  stop  beads. 

A  sash  door  shall  be  deemed  the  equivalent  of  a  window  in 
public  hallways  and  stair  halls,  provided  that  such  contains  the 
amount  of  glazed  surface  prescribed  for  such  windows. 

§  231.     Privacy. 

In  every  apartment  of  three  or  more  rooms  in  an  apartment 
house  or  a  tenement  house  hereafter  erected,  access  to  every 
living  room  and  bedroom  and  to  at  least  one  water-closet  com- 
partment shall  be  had  without  passing  through  any  bedroom. 

§  232.     Existing  Buildings. 

No  now  existing  apartment  house  or  tenement  house  shall 
hereafter  be  enlarged,  or  its  lot  be  diminished  so  that  the  house 
shall  occupy  more  than  the  percentage  of  lot  allowed  by  this  Code 
for  similar  new  houses. 

No  now  existing  apartment  house  or  tenement  house  shall 
hereafter  be  enlarged  or  its  lot  be  diminished  so  that  the  yard 
shall  be  less  than  specified  in  this  Code  for  similar  new  houses. 

And  such  yard  shall  be  at  every  point  open  from  the  ground 
to  the  sky,  except  that  fire  escapes  or  uninclosed  outside  stairs 
may  project  not  over  four  feet  from  the  rear  line  of  the  house. 


BUILDING  CODE.  175 


Any  additional  room  or  hall  that  is  hereafter  constructed  or 
created  in  a  now  existing  apartment  house  or  tenement  house 
shall  comply  in  all  respects  with  the  provisions  of  this  Code  for 
new  houses. 

§  233.     Lights  in  Public  Hallways. 

In  every  apartment  house  and  tenement  house  a  proper  light 
shall  be  kept  burning  by  the  owner  in  the  public  hallways,  near 
the  stairs,  upon  the  entrance  floor,  and  upon  the  second  floor  of 
said  house,  every  night  from  sunset  to  sunrise  throughout  the 
year,  and  upon  all  other  floors  of  the  said  house  from  sunset  until 
ten  o'clock  in  the  evening. 

§  234.     Chimneys  and  Fireplaces. 

In  every  apartment  house  and  tenement  house  there  shall  be 
adequate  chimneys  running  through  every  floor  with  an  open  fire- 
place or  grate,  or  place  for  a  stove,  properly  connected  with  one 
of  said  chimneys  for  every  apartment. 

§  235.     Area  for  Vent  Shafts. 

Every  vent  shaft  hereafter  constructed  in  an  apartment  house 
or  a  tenement  house  four  stories  and  basement  in  height  shall  be 
at  least  twelve  square  feet  in  area,  and  the  least  dimension  of 
such  shaft  shall  be  not  less  than  three  feet; 

And  if  the  building  be  above  four  stories  and  basement  in 
height,  such  shaft  shall  throughout  its  entire  height  be  increased 
in  area  two  square  feet  for  each  additional  story  in  height; 

And  for  each  story  in  height  less  than  four  stories  and  base- 
ment, such  shaft  may  be  decreased  in  area  one  square  foot. 

A  vent  shaft  may  be  inclosed  on  all  four  sides,  but  must  have 
ventilation  equal  to  area  of  shaft. 

§  236.     Bottoms  of  Shafts,  Courts,  Area  and  Yards. 

In  every  apartment  house  and  tenement  house  hereafter 
erected,  the  bottom  of  all  shafts,  courts,  areas  and  yards  which 
extend  to  the  basement  for  light  or  ventilation  of  living  rooms, 
shall  be  six  inches  below  the  floor  level  of  the  part  occupied  or 
intended  to  be  occupied. 

All  such  shafts,  courts,  areas  and  yards  shall  be  properly  con- 
creted, graded  and  drained,  and  shall  be  properly  connected  with 
the  street  sewer  so  that  all  water  may  pass  freely  into  it. 


176  BUILDING  CODE. 


§  237.     Basements  and  Cellars. 
In  apartment  houses  and  tenement  houses  hereafter  erected, 
no  room  in  the  cellar  or  in  the  basement  shall  be  constructed, 
altered,  converted  or  occupied  for  living  purposes  unless  all  of 
the  following  conditions  are  complied  w^ith: 

1.  Such  room  shall  be  at  least  eight  feet  high  in  every  part 
from  the  floor  to  the  ceiling. 

Provided,  that  in  buildings  already  erected  and  not  now  used 
as  tenement  houses,  but  hereafter  altered  or  converted  to  such 
use,  such  room  shall  be  not  less  than  seven  feet  high  in  every 
part. 

2.  Ceiling  of  such  room  shall  be  at  least  two  feet  and  six 
inches  above  the  surface  of  the  street  or  ground  outside  of  or 
adjoining  the  same. 

3.  There  shall  be  appurtenant  to  such  room  the  use  of  a  sep- 
arate water-closet,  constructed  and  arranged  as  required  by  this 
section  for  water-closet  compartments. 

4.  Such  room  shall  have  a  window  or  windows  opening  upon 
the  street  or  upon  a  yard  or  court.  The  total  area  of  windows  in 
such  room  shall  be  at  least  one-eighth  of  the  superficial  area  of 
the  room,  and  one-half  of  the  sash  shall  be  made  to  open  the  full 
width,  and  the  top  of  each  window  shall  be  within  six  inches  of 
the  ceiling. 

5.  All  walls  surrounding  such  room  shall  be  damp-proof. 

6.  The  floor  of  such  room  shall  be  damp-proof  and  water- 
proof. 

Every  apartment  house  and  tenement  house  hereafter  erected 
shall  have  all  walls  below  the  ground  level  and  all  cellar  or  lower 
floors  damp-proof  and  water-proof. 

When  necessary  to  make  such  walls  and  floors  damp-proof  and 
water-proof,  the  damp-proofing  and  the  water-proofing  shall  run 
through  the  walls  and  up  the  same  as  high  as  the  ground  level, 
and  shall  be  continued  throughout  the  floor. 

And  the  said  cellar  or  lowest  floor  shall  be  properly  constructed 
so  as  to  prevent  dampness  or  water  from  entering. 

§  238.     Water  Closet  Accommodations. 
In  every  apartment  house  hereafter  erected  there  shall  be  a 
separate  water  closet  in  a  separate  compartment  or  bathroom 
within  each  apartment. 


BUILDING  CODE.  177 


Provided  that  where  there  are  apartments  consisting  of  but 
one  or  two  rooms,  there  shall  be  at  least  one  water  closet  for 
every  three  rooms. 

Every  tenement  house  hereafter  erected  shall  be  provided 
with  no  less  than  one  water  closet  for  every  fifteen  occupants. 

Nothing  in  this  section  in  regard  to  the  separation  of  water 
closet  compartments  from  each  other  shall  apply  to  a  general 
toilet  room  hereafter  placed  in  any  apartment  house  or  tenement 
house,  provided  such  water  closets. are  supplemental  to  the  water 
closet  accommodations  required  by  this  section  for  the  use  of  the 
occupants  of  any  said  house. 

All  water  closet  compartments  in  every  apartment  house  or 
tenement  house  hereafter  erected  shall  have  a  window  opening 
upon  the  public  way  or  yard  or  upon  a  court  or  vent  shaft. 

Every  water  closet  compartment  shall  be  provided  with  proper 
means  of  lighting  the  same  at  night.  If  fixtures  for  gas  or  elec- 
tricity are  not  provided  in  said  compartment,  then  the  door  of 
said  compartment  shall  be  provided  with  obscured  glass  panels, 
or  with  an  obscured  glass  transom  not  less  in  area  than  four 
square  feet. 

The  floor  of  every  water  closet  compartment  shall  be  made 
water-proof  with  asphalt,  tile,  stone,  Portland  cement  concrete, 
metal  or  some  other  water-proof  material ;  and  such  water-proof- 
ing shall  extend  at  least  six  inches  above  the  floor,  so  that  the 
said  floor  can  be  washed  or  flushed  out  without  leaking. 

No  drip  trays  shall  be  permitted. 

No  water  closet  fixtures  shall  be  enclosed  with  any  wood- 
work. 

§  239.     Fire  Escapes. 

In  all  apartment  houses  or  tenement  houses  any  apartment 
not  containing  any  room  fronting  upon  the  street  or  yard  shall 
have  a  fire  escape  in  a  court,  projecting  not  more  than  four  feet 
from  the  wall  of  the  house,  constructed  in  accordance  with  re- 
quirements of  Part  XXIII  of  this  Code. 

In  any  such  building  each  and  every  apartment  therein  above 
the  first  story  shall  open  directly  to  an  outside  fire  escape  from  at 
least  one  room  other  than  a  bathroom  or  water  closet  compart- 
ment, and  shall  not  include  a  window  of  a  stair  hall. 


178  BUILDING  CODE. 


PART  XXIX. 

MISCELLANEOUS  BUILDINGS. 

§  240.     Coal  and  Sand  Elevators  and  Pockets. 
Nothing  in  this  Code  shall  be  construed  to  prevent  the  erec- 
tion of  coal,  sand  and  gravel  elevators  and  pockets  of  combus- 
tible materials,  when  located  on  the  river  bank  or  wharf. 

§  241.     Smoke  Houses. 

All  smoke  houses  shall  be  of  fireproof  construction  with  brick 
walls,  iron  doors  and  brick  or  metal  roof. 

An  iron  guard  shall  be  placed  over  and  not  less  than  three 
(3)  feet  above  the  fire,  and  the  hanging  rails  shall  be  of  iron, 
and  an  iron  grating  shall  be  placed  under  the  first  row  of  hanging 
rails,  and  be  not  less  than  eight  (8)  feet  above  the  floor  of  the 
fire  pit. 

The  walls  of  all  smoke  houses  shall  be  built  at  least  three  (3) 
feet  higher  than  the  roof  of  the  building  in  which  they  are  lo- 
cated, and  shall  be  not  less  than  twelve  (12)  inches  in  thickness, 
and  be  coped  with  stone  or  its  equivalent. 


PART  XXX. 
VIOLATIONS  AND  PENALTIES. 

§  242.  Penalties. 
Any  person  or  persons,  firm  or  corporation  violating  any  of 
the  terms  or  provisions  of  this  ordinance  for  which  violation  no 
penalty  is  otherwise  fixed  in  this  ordinance,  and  any  such  person, 
firm  or  corporation  failing  to  conform  to  any  of  the  provisions 
of  this  ordinance,  or  failing  to  obey  any  order  of  the  Inspector  of 
Buildings  issued  in  pursuance  of  this  ordinance,  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be 
fined  not  less  than  ten  ($10)  nor  more  than  one  hundred  dollars 
($100)  ;  and  where  such  violation  is  of  a  continuing  nature,  each 
day  such  person,  firm  or  corporation  violates  any  such  provision, 
or  fails  to  conform  to  any  such  provision  of  this  ordinance,  or  any 
such  order  of  the  Building  Inspector,  shall  be  deemed  a  separate 
offense. 


BUILDING  CODE.  179 


§  243.     Repeals. 

The  following  ordinances  are  hereby  repealed : 

An  ordinance  approved  July  7,  1904,  and  entitled,  "An  Ordi- 
nance concerning  the  Interior,  Exterior  Arrangement,  Equip- 
ment, Alteration  and  Conduct  of  Public  Buildings  in  the  city  of 
Louisville,  such  as  theaters,  opera  houses,  auditoriums,  concert, 
assembly,  exhibition  dance  halls  and  other  public  halls,  lodge 
rooms,  churches,  hotels,  apartments  and  tenement  houses  in 
which  two  or  more  families  dwell,  infirmaries,  hospitals,  asylums, 
restaurants,  railroad  depots,  places  of  detention,  department 
stores  and  other  business  and  manufacturing  buildings  where 
large  numbers  of  people  are  congregated  or  assembled  for  any 
purpose  whatever." 

An  ordinance  approved  June  29,  1908,  entitled,  "An  Ordi- 
nance establishing  and  providing  for  a  Department  of  Buildings 
for  the  city  of  Louisville,  and  to  regulate  the  construction,  altera- 
tion, repairing  and  removal  of  buildings,  and  the  occupancy  and 
obstruction  of  streets  and  alleys  in  the  performance  of  same," 

An  ordinance  approved  June  29,  1908,  entitled,  "An  Ordi- 
nance establishing  and  providing  for  a  Department  of  Buildings 
for  the  city  of  Louisville,  and  to  regulate  the  construction,  altera- 
tion, repairing  and  removal  of  buildings,  and  the  occupancy  and 
obstruction  of  street  and  alleys  in  the  performance  of  same." 

An  ordinance  approved  January  14,  1907,  entitled,  "An  Ordi- 
nance establishing  and  providing  for  a  Department  of  Buildings 
for  the  city  of  Louisville,  and  to  regulate  the  construction,  altera- 
tion, repairing  and  removal  of  buildings  and  the  occupancy  and 
obstruction  of  streets  and  alleys  in  the  performance  of  same," 
and  all  other  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

An  ordinance  approved  April  24,  1906,  entitled,  "An  Ordi- 
nance for  the  protection  of  sidewalks  in  the  city  of  Louisville." 

§  244.     Date  When  in  Effect. 
This  ordinance  shall  take  effect  from  and  after  its  passage. 
(Approved  August  4,  1909.)     (See  also  Plumbing  Code;  Sewers; 
Drains;  Fire  Escapes;  Sanitation;  Segregation;  Tenement  House 
Laiv,  Charter  §  3037g.) 


180  BUILDING  DEPARTMENT. 

BUILDING  DEPARTMENT. 

Employes — Salaries. 

AN  ORDINANCE  concerning  the  Department  of  Buildings,  its 
officers  and  employes  and  their  compensation. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     The  Board  of  Public  Safety  may  appoint  the  following 

officers  and    employes  of    the  Building  Department  and    their 

compensation   shall   be   not   exceeding   the   respective   amounts 

hereinafter  set  out :  Annual  Salary. 

An  Inspector  of  Buildings,  who  shall  be  the  head  of  the 
Department  and  whose  salary  shall  be  $250.00  per 
month $3,000 

And  the  following  deputies  and  clerks,  who  shall  be  under 
the  direction  of  the  Building  Inspector,  subject  to  the 
control  of  the  Board  of  Public  Safety: 

1  Assistant  Inspector  of  Buildings,  who  shall  be  a  com- 
puter. He  shall  be  a  qualified  structural  engineer  and 
his  salary  shall  be  $165.00  per  month 1,980 

1  Deputy  Inspector  of  Buildings,  and  Inspector  of  Eleva- 
tors, who  shall  be  experienced  in  elevator  construction, 
and  whose  salary  shall  be  $150.00  per  month 1,800 

1  Deputy  Inspector  of  Buildings  and  Assistant  Elevator 
Inspector,  who  shall  be  experienced  in  elevator  con- 
struction, and  whose  salary  shall  be  $100.00  per 
month 1,200 

1  Deputy  Inspector  of  Buildings,  to  be  known  as  Smoke 

Inspector,  at  $150.00  per  month 1,800 

1  Deputy  Inspector  of  Buildings,  who  shall  be  a  mechan- 
ical draftsman  with  combustioln  experience,  to  be 
known  as  Assistant  Smoke  Inspector,  at  $100.00  per 
month   , 1,200 

1  Deputy  Inspector  of  Buildings,  to  be  known  as  Combus- 
tion Engineer,  of  at  least  ten  years  practical  experience 
in  making,  installing  or  operating  high-pressure  steam 
boilers,  who  shall  be  in  charge  of  the  Smoke  Depart- 
ment, at  $200.00  per  month 2,400 

1  Deputy  Inspector  of  Buildings,  who  shall  be  First  Elec- 
trical Inspector.  He  shall  be  a  qualified  electrician  and 
his  salary  shall  be  $150.00  per  month 1,800 


BUILDING  DEPARTMENT.  181 


1  Deputy  Inspector  of  Buildings,  who  shall  be  Second 
Electrical  Inspector.    He  shall  be  a  qualified  electrician 

and  his  salary  shall  be  $125.00  per  month 1,500 

2  Deputy  Inspectors  of  Buildings,  whose  salaries  shall  be 
125.00  per  month,  each,  being  at  the  rate  of  $1,500.00 

per  annum  each 3,000 

1  Fee  Clerk,  who  shall  be  a  first-class  stenographer,  at 
$125.00  per  month,  who  shall  execute  a  bond  to  be  ap- 
proved by  the  Board  of  Public  Safety  for  the  proper 

accounting  for  all  funds  coming  into  his  custody 1,500 

1  Permit  Clerk,  who  shall  be  a  stenographer,  at  $100.00 

per  month    1,200 

1  Clerk  and  Stenographer,  whose  salary  shall  be  $75.00 

per  month , 900 

1  Inspector  of  Plumbing,  whose  salary  shall  be  $150.00 

per  month 1,800 

1  Deputy  Inspector  of  Plumbing,  whose  salary  shall  be 

$125.00  per  month 1,500 

Said  Inspector  of  Plumbing  and  said  Deputy  Inspector  of 
Plumbing  shall  be  subject  to  the  supervision  of  the  Health  De- 
partment and  control  of  the  Board  of  Public  Safety,  be  under 
the  direction  of  the  Inspector  of  Buildings. 

§  2.  The  Board  of  Public  Safety,  in  case  of  emergency  and 
with  approval  of  the  Mayor,  shall  have  the  power  to  employ 
additional  help  in  the  Building  Department,  whose  salaries  and 
compensation  shall  be  fixed  by  the  Board  of  Public  Safety.  The 
names  of  such  employes  shall  appear  on  the  regular  pay  roll  as 
"Special  Employes."  Said  special  employes  may  be  dismissed 
at  any  time  by  the  Board  of  Public  Safety. 

§  3.  All  ordinances  and  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  4.  The  invalidity  of  any  portion  of  this  ordinance  shall  not 
affect  the  validity  of  any  portion  thereof  which  can  be  given 
effect  without  such  invalid  part. 

§  5.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage.     (Approved  September  30,  1918.) 


182  BURIAL  OF  THE  DEAD. 


BURIAL  OF  THE  DEAD. 

AN  ORDINANCE  regulating  the  burial  of  the  dead. 

Be  it  ordained  by  the  General  Comicil  of  the  city  of  Louisville: 
§  1.  It  shall  be  unlawful  for  any  person  to  allow  the  dead  or 
embalmed  body  of  any  human  being  to  remain  unburied  for  a 
longer  period  than  three  days  without  special  permission  from 
the  Health  Officer;  nor  shall  any  person  allow  the  dead  body  of 
any  human  being  to  be  exposed  or  retained  for  any  time  what- 
ever to  the  peril  or  prejudice  of  the  lives  or  health  of  any  person. 

§  2.  No  death  certificate  shall  be  valid  unless  signed  by  the 
Coroner,  or  a  regular  licensed  physician. 

§  3.  It  shall  be  the  duty  of  any  person  to  report  to  the  De- 
partment of  Health  the  discovery  or  knowledge  of  the  where- 
abouts of  any  dead  human  being,  or  any  parts  thereof,  if  there 
is  any  reason  to  believe  that  the  death,  or  place  of  such  body  is 
not  properly  known. 

§  4.  No  person  shall  remove  or  dispose  of  any  dead  body  of 
a  human  being  by  interment,  cremation,  or  any  other  means, 
without  a  permit  from  the  Health  Officer;  nor  in  any  manner 
other  than  in  accordance  with  the  rules  of  the  Department  of 
Health. 

§  5.  Whenever  any  person  shall  die  in  the  city  of  Louisville, 
it  shall  be  the  duty  of  the  physician  who  attended  during  his  or 
her  last  illness,  and  the  duty  of  the  Coroner,  when  the  case  comes 
within  the  discharge  of  his  duties  as  prescribed  by  law,  to  fur- 
nish the  Health  Officer  within  twenty-four  hours  from  the  death 
of  the  patient  a  certificate  setting  forth,  as  far  as  can  be  ascer- 
tained, the  full  name,  occupation,  sex,  color,  age,  whether  mar- 
ried or  single,  duration  of  last  illness,  and  the  date  of  the  death 
of  such  deceased  person. 

§  6.  It  shall  be  the  duty  of  any  undertaker,  or  any  person 
having  charge,  before  removing  any  corpse  from  the  place  where 
death  occurred,  to  apply  for,  and  obtain,  a  permit  from  the 
Health  Department,  which  permit  shall  not  be  given  before  the 
filing  with  the  Department  of  Health  of  a  certificate,  signed  by 
the  attending  physician,  or  the  Coroner,  stating  the  facts  as 
called  for  in  the  blanks  of  the  department,  and  said  permit  must 
be  applied  for  by  the  undertaker,  or  other  person  having  charge 


BURIAL  OF  THE  DEAD.  183 


of  the  remains  within  twelve  hours  after  the  notification   of 
death. 

§  7.  In  case  an  inquest  is  necessary,  it  shall  be  the  duty  of 
the  Coroner  to  notify  the  Department  of  Health  before  permit 
is  issued. 

§  8.  No  undertaker  or  other  person  shall  use  any  vehicle 
other  than  a  hearse  for  the  conveyance  of  the  body  of  any  per- 
son whose  death  was  caused  by  any  of  the  infectious  or  con- 
tagious diseases  specified  in  section  11  of  this  ordinance,  nor  shall 
the  body  of  such  person  be  carried  into  any  church,  hall,  or  public 
place.  The  body  of  any  person  who  died  from  any  of  said  speci- 
fied infectious  or  contagious  diseases  shall  not  be  brought  into 
the  city  without  special,  permit. 

§  9.  No  person  in  charge  of  any  vessel,  car,  or  conveyance 
of  any  kind,  public  or  private,  shall  convey  or  allow  to  be  con- 
veyed in  or  through  the  city  of  Louisville  the  body  of  any  dead 
human  being,  without  a  permit  from  the  Department  of  Health. 

§  10,  In  case  of  death  from  any  pestilential  disease,  cere- 
bral meningitis,  small-pox,  varioloid,  scarlet  fever,  relapsing 
fever,  typhus  fever,  cholera,  diphtheria,  diphtheritic  croup, 
yellow  fever,  or  measles,  it  shall  be  the  duty  of  the  person  in 
charge  of  such  deceased  person  to  obtain  a  permit  from  the 
Health  Officer,  and  to  cause  him  or  her  to  be  buried  within 
twenty-four  hours;  and  the  person  in  charge  of  the  funeral  of 
persons  dying  of  any  of  said  diseases  must  so  conduct  such 
funeral  as  to  be  absolutely  private.  The  remains  of  any  per- 
son who  died  from  contagious  disease,  such  as  diphtheria, 
diphtheritic  croup,  relapsing  fever,  scarlet  fever,  yellow  fever, 
typhus  fever,  cholera,  cerebro-spinal  meningitis,  or  measles,  shall 
not  be  admitted  to  any  tomb  or  vault,  public  of  private ;  provided, 
that  a  body  which  may  have  died  of  any  of  the  above  named  dis- 
eases may  be  permanently  entombed  in  a  private  vault,  when 
said  body  is  thoroughly  embalmed  and  hermetically  sealed  in 
said  tomb. 

§  11.  No  person  shall  invite  any  other  person  to  any  funeral,, 
or  any  services  connected  therewith,  whose  attendance  is  not 
necessary,  to  whom  or  through  whom  there  is  danger  of  con- 
tagion being  communicated  or  spread.  Whenever  any  person 
shall  die  from  any  of  the  contagious  or  infectious  diseases,  such 
as  Asiatic  cholera,  relapsing  fever,  yellow  fever,  typhus  fever. 


184  BURIAL  OF  THE  DEAD. 


cerebro-spinal  meningitis,  small-pox,  varioloid,  scarlet  fever, 
diphtheria,  diphtheritic  croup,  or  measles,  the  undertaker  having 
charge  of  the  preparation  and  interment  of  the  remains  shall  be 
the  only  person  authorized  to  insert  public  notice  of  death,  and 
he  shall  state  the  cause  of  death  in  such  notice,  for  which  he 
shall  be  held  responsible. 

§  12.  No  disinterment  shall  be  made  except  between  sun- 
rise and  sunset;  and  during  the  months  of  May,  June,  July, 
August  and  September  no  body  shall  be  disinterred  within  five 
(5)  years  after  decease;  and  in  cases  where  the  person  died  of 
contagious  disease  the  remains  can  be  disinterred  only  during 
the  months  of  November,  December,  January,  February  and 
March.  This  section  applies  to  all  removals,  whether  from  a 
cemetery  or  from  one  grave  to  another  in  the  same  cemetery. 

§  13.  Every  grave  must  be  at  least  six  feet  deep,  and  four 
feet  below  the  grade  or  level  of  any  adjacent  street. 

§  14.  No  person  in  charge  of  any  receptacle  for  the  dead 
shall  receive  for  burial  or  disposition  any  body  without  an  ac- 
companying certificate  and  permit  from  the  Health  Officer. 

§  15.  Every  sexton  or  person  having  charge  of  any  tomb, 
vault,  cemetery,  crematory,  or  other  receptacle  for  the  dead, 
must  register  his  name,  address  and  nature  of  his  duties  with 
the  Health  Department,  and  shall,  on  Monday  of  each  week, 
make  a  report  of  all  bodies  buried  in  accordance  with  the  re- 
quirements of  the  Health  Department.  He  shall  not  permit  any 
dead  body  to  be  kept  in  any  receiving  vault  over  seventy-two 
hours,  between  May  1st  and  November  1st,  unless  said  body  has 
been  thoroughly  embalmed  and  replaced  in  a  strong,  hermetically 
sealed  case. 

§  16.  No  body  shall  be  removed  from  the  city  by  public  con- 
veyance, unless  prepared  in  accordance  with  the  specifications 
adopted  by  the  Health  Department. 

§  17.  It  shall  be  the  duty  of  any  person  having  charge  of 
articles  used  at  funerals  of  persons  who  died  of  any  infectious 
or  contagious  disease,  to  have  the  same  property  disinfected  be- 
fore being  used  again. 

§  18.  No  person  shall  bury  any  body  of  a  human  being  in 
any  place  other  than  a  registered  burial  ground,  without  a 
specific  permit  from  the  Health  Officer. 


CARBOLIC  ACID.  185 


§  19.  All  overground  vaults  must  be  made  of  stone,  granite, 
or  marble,  well  cemented,  and  substantially  built. 

§  20.  It  shall  be  the  duty  of  the  undertaker  in  charge  if  a  per- 
son dies  of  an  infectious  or  contagious  disease,  if  such  body  is 
to  be  sent  out  of  the  city  limits,  to  make  affidavit,  if  required, 
when  the  body  is  presented  for  shipment,  that  it  is  prepared  ac- 
cording to  the  rules  of  the  Department  of  Health. 

§  21.  All  dead  bodies  brought  into  the  city  from  a  distance 
must  be  buried  by  permit  from  the  Health  Officer,  which  the 
undertaker  must  obtain  before  removal  for  burial. 

§  22.  The  undertaker  in  charge  of  bodies  of  persons  dying 
from  small-pox,  diphtheria,  yellow  fever,  scarlet  fever,  typhus 
fever,  or  other  pestilential  diseases,  shall  at  once  cause  the  body 
to  be  disinfected,  wrapped  in  a  sheet  wet  with  a  solution  of 
bichloride  of  mercury,  1  to  500,  and  placed  immediately  in  a 
coffin  the  under  surface  of  which  must  be  lined  with  raw  cotton 
and  made  absolutely  tight,  and  not  reopened.  No  body  of  a  per- 
son who  died  of  any  infectious  or  contagious  disease  shall  be 
placed  in  ice  boxes. 

§  23.  Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance shall  be  fined  not  less  than  twenty-five  dollars  ($25)  nor 
more  than  fifty  dollars  ($50)  for  each  ofi'ense. 

§  24,  This  ordinance  shall  take  effect  from  and  after  its 
passage.  {Approved  May  14,  1898.)  (See  also  Embalming; 
Morgue.) 


CARBOLIC  ACID. 
Sale  and  Disposition. 

AN  ORDINANCE  to  regulate  the  sale  and  disposition  of  carbolic 

acid  within  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1,  That  it  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration to  sell,  trade  or  give  away  carbolic  acid,  pure  or  in  com- 
bination, of  a  greater  strength  than  ten  per  centum,  within  the 
city  limits  of  the  city  of  Louisville,  except  upon  prescription  of  a 
licensed  physician,  dentist,  or  veterinarian;  provided,  that  the 
provisions  of  this  section  shall  not  apply  to  crude  carbolic  acid, 
nor  to  carbolic  acid  when  mixed  with  equal  portions  each  of 


186  CEMETERIES. 


glycerine  and  alcohol,  nor  to  sales  at  wholesale  by  jobbers,  manu- 
facturers or  dealers  to  retail  druggists,  licensed  practicing  phy- 
sicians, or  to  each  other,  nor  to  sales  at  retail  by  retail  druggists 
to  regular  practitioners  of  medicine,  dentistry  or  veterinary 
medicine,  nor  to  sales  made  to  manufacturers  of  proprietary  or 
pharmaceutical  preparations  for  use  in  the  manufacture  of  such 
preparations,  nor  to  sales  made  to  hospitals,  colleges,  scientific 
or  public  institutions. 

§  2.  A  violation  of  any  of  the  provisions  of  this  ordinance 
shall  be  punished  by  a  fine  of  not  less  than  $5.00  nor  more  than 
$50.00,  and  each  separate  sale  or  disposition  in  violation  hereof 
shall  constitute  a  separate  and  distinct  offense. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its 
adoption,  approval  and  publication.  (Approved  February  13, 
1907.) 


(1)   CEMETERIES 

Protection  of  Cave  Hill  Cemetery. 

AN  ORDINANCE  for  the  protection  of  Cave  Hill  Cemetery. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  Any  person  who  shall  mutilate,  deface  or  otherwise  in- 
jure any  tombstone,  monument,  vault,  vase,  inclosure,  fur- 
niture, ornament,  building  or  structure  of  any  description,  tree, 
shrub,  flower  (wild  or  cultivated),  or  who,  without  permission 
obtained  from  Cave  Hill  Cemetery  Company,  shall  erect,  build, 
plant,  cut,  or  remove  any  tombstone,  monument,  vault,  vase,  in- 
closure, furniture,  ornament,  tree,  plant,  shrub,  building,  or  other 
structure,  or  interfere  with  any  grave  in  said  cemetery  shall 
be  fined  not  less  than  twenty-five  dollars  ($25)  nor  more  than 
one  hundred  dollars  ($100)  for  each  offense. 

§  2.  No  person,  except  those  to  whom  certificates,  granting 
right  of  burial,  have  been  issued  and  their  accompanying  friends, 
shall  enter  Cave  Hill  Cemetery  at  any  time  without  permission, 
and  all  persons  are  prohibited  from  entering  or  leaving  said 
cemetery  grounds  except  through  the  gate  provided  by  the  Cave 
Hill  Cemetery  Company  for  that  purpose. 

§  3.  No  person  shall  climb  any  tree  (without  permission  of 
Cave  Hill  Cemetery  Company),  lie  down  or  sit  down  upon  any 


CEMETERIES.  187 


grave  or  walk,  nor  participate  in  any  loud  or  angry  discussion, 
nor  use  any  profane  language,  within  said  cemetery. 

Any  person  who  shall  disturb  the  quiet  or  good  order  of  said 
cemetery  by  noise  or  improper  conduct  may  be  compelled  in- 
stantly to  leave  the  premises. 

§  4.  It  shall  be  unlawful  to  drive  or  ride  faster  than  a  walk 
or  to  leave  any  horse  unfastened  or  unhitched  in  said  cemetery. 
No  refreshments  nor  liquors  of  any  kind  are  allowed  in  said 
cemetery.  All  hunting,  fishing,  or  disturbance  of  fish  or  birds, 
and  the  discharge  of  any  firearms,  fireworks,  or  missiles  (with- 
out special  permission  of  Cave  Hill  Cemetery  Company),  by  the 
use  of  gun-powder  or  other  explosives,  within,  into,  or  over  any 
portion  of  said  cemetery,  is  hereby  prohibited. 

§  5.  Any  person  who  shall  violate  any  provision  in  Sections 
2,  3  or  4  of  this  ordinance  shall  be  fined  not  less  than  five  dollars 
($5)  nor  more  than  fifty  dollars  ($50)  ;  and  all  fines  imposed  by 
this  ordinance  shall  be  recovered  as  other  fines  in  the  Police 
Court  of  the  city  of  Louisville. 

§  6.  The  superintendent,  gatekeeper,  and  all  persons  ap- 
pointed and  qualified  as  private  policemen  of  the  city  of  Louis- 
ville, upon  the  application  of  the  Cave  Hill  Cemetery  Company, 
shall  have  full  authority  to  enforce  this  ordinance,  and  to  arrest 
any  person  or  persons  violating  any  provision  thereof. 

§  7.  All  ordinances  in  conflict  with  this  ordinance  are  hereby 
repealed. 

§  8.  This  ordinance  shall  take  effect  from  its  passage.  (Ap- 
proved Decennber  29,  1899.) 


(2)   CEMETERIES. 

Regulating  Portland  Cemetery. 

AN  ORDINANCE  concerning  the  Portland  Cemetery. 
Be  it  ordained  by  the  Ge7ieral  Council  of  the  city  of  Louisville: 
§  1.  That  the  City  Engineer  be  and  he  is  hereby  required  to 
survey  and  plat  the  Portland  Cemetery,  showing  on  said  plat  the 
names  of  the  streets  and  alleys  thereof,  and  the  number  of  all 
lots  therein ;  and  the  names  of  owners  of  all  lots  or  graves  there- 
in; and  he  shall  furnish  a  copy  of  same  to  the  city  Treasurer, 
the  Health  Officer,  and  the  sexton  of  said  cemetery. 


188  CEMETERIES. 


§  2.  The  cost  of  full  lots  in  said  cemetery  shall  be  twenty 
($20)  dollars  each ;  half  lots  ten  ($10)  dollars  each ;  single  graves 
for  adults,  five  ($5)  dollars  each,  and  single  graves  for  infants, 
three  ($3)  dollars  each. 

§  3.  All  sales  of  lots  or  graves  shall  be  made  by  the  City 
Treasurer,  who  shall  give  a  certificate  thereof  to  the  purchaser; 
and  no  permit  shall  be  issued  by  the  Health  Officer  for  the  burial 
of  any  person  in  said  cemetery  unless  the  application  therefor  be 
accompanied  by  the  certificate  of  the  City  Treasurer,  showing 
the  purchase  of  a  lot  or  grave,  as  the  case  may  be,  or  unless  the 
plat  of  said  cemetery  shows  a  purchase  of  a  lot  or  grave  therefor 
made,  entitling  the  deceased  to  a  burial  in  same. 

§  4.  It  shall  be  the  duty  of  the  City  Treasurer  when  he  sells 
a  lot  or  grave,  as  herein  provided,  to  at  once  enter  the  same  on 
the  plat  of  said  cemetery,  notify  the  sexton  of  the  cemetery  and 
the  Health  Officer  thereof,  giving  name  of  the  person  purchasing 
same,  and  describing  said  lot  or  grave  by  number  and  street  or 
alley,  so  that  the  same  may  be  identified ;  and  said  sexton  and  the 
Health  Officer  shall  at  once  enter  the  same  on  their  respective 
plats  of  said  cemetery. 

§  5.  The  sexton  shall  report  to  the  Health  Officer,  on  the 
second  Tuesday  in  each  month,  all  burials  made  by  him  in  the 
preceding  month,  which  report  shall  contain  the  name  of  the 
person,  whether  adult  or  infant,  and  the  number  of  the  lot  in 
which  the  grave  was  made,  so  that  the  same  may  be  identified. 

§  6.  The  Health  Officer  shall  report  to  the  General  Council, 
at  their  first  meeting  in  January  and  June  in  each  year,  the  num- 
ber of  burials  made  in  said  cemetery,  and  the  number  of  lots  sold 
during  the  preceding  half  year ;  and  the  City  Treasurer  shall  re- 
port at  the  same  time  to  the  General  Council  all  moneys  received 
by  him  from  the  sale  of  lots  or  graves  during  the  same  period. 

§  7.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  fined  not  more  than  twenty  ($20)  dollars  nor  less  than 
five  ($5)  dollars  for  each  offense. 

§  8.  This  ordinance  to  take  effect  from  and  after  its  passage. 
(Approved  September  16,  1895.) 


CEMETERIES.  189 


(3)   CEMETERIES. 

Additional  Cemeteries  Prohibited. 

AN  ORDINANCE  to  prevent  the  establishment  of  additional 
cemeteries,  public  or  private,  in  the  city  of  Louisville. 

Whereas,  On  account  of  the  condition  of  the  soil  and  the 
locality  where  the  city  of  Louisville  is  situated,  it  is  deemed  in- 
jurious to  the  health  of  the  inhabitants  of  said  city  to  bury  the 
bodies  of  dead  human  beings  within  the  limits  of  said  city; 

Now,  therefore,  in  the  exercise  of  the  police  powers  vested 
in  the  city  of  Louisville, 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration to  hereafter  establish  within  the  limits  of  the  city  of 
Louisville  a  cemetery,  public  or  private,  for  the  purpose  of  bury- 
ing therein  the  body  of  any  dead  human  being,  and  any  such 
cemetery  is  hereby  declared  to  be  a  public  nuisance. 

§  2.  That  any  person,  firm  or  corporation  that  shall  violate 
the  provisions  of  section  1  of  this  ordinance  shall  be  subject  to 
a  fine  of  not  less  than  $50  nor  more  than  $100  for  each  offense, 
and  the  burial  of  the  body  of  any  dead  human  being  in  any 
cemetery  not  now  established  or  maintained  within  the  limits  of 
the  city  of  Louisville  shall  be  deemed  a  separate  offense, 

§  3.  That  it  shall  be  the  duty  of  all  officers  and  patrolmen  of 
the  Police  Department  to  arrest  and  prosecute  all  offenders  who 
violate  any  provision  of  this  ordinance. 

§  4.  That  this  ordinance  shall  take  effect  from  its  passage. 
(Ajjproved  December  26,  1901.)  (See  also  Burial  of  the  Dead; 
Embalming ;  Morgue.) 


CEMETERIES  DEPARTMENT. 

Establishing  and  Salaries. 

AN  ORDINANCE  concerning  the  Department  of  Cemeteries  of 
the  city  of  Louisville,  Kentucky,  placing  the  same  under  the 
Board  of  Public  Safety,  and  fixing  the  number,  salaries  and 
compensation  of  the  officers  and  employes  therein. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  the  Department  of  Cemeteries  within  and  for  the 

city  of  Louisville,  Kentucky,  be  and  the  same  is  hereby  created 


190  CEMETERIES. 


and  placed  under  the  Board  of  Public  Safety  as  authorized  by 
law. 

§  2.  There  may  be  in  said  department,  to  be  appointed  by 
the  Board  of  Public  Safety,  the  number  of  officers  and  employes 
prescribed  in  this  ordinance  and  no  more ;  and  their  salaries  and 
compensation,  to  be  approved  by  the  Board  of  Public  Safety, 
shall  be  no  more  than  the  sums  fixed  by  this  ordinance,  and  the 
pay  rolls  for  said  department  shall  be  made  up,  certified  and 
registered,  and  said  salaries  and  compensation  shall  be  payable 
in  accordance  with  the  provisions  of  this  ordinance  and  other 
ordinances  covering  the  subject  of  pay  rolls,  claims  and  salaries, 
and  not  otherwise,  to-wit: 

DEPARTMENT  OF  CEMETERIES. 
1  Superintendent  of  the   Portland   or   City   Cemetery 

$30  per  month,  being  at  the  rate  per  annum  of $360.00 

1  Superintendent  of  the  Western  Cemetery  at  $50  per 

month,  being  at  the  rate  per  annum  of 600.00 

1  Laborer  at  $45  per  month,   being  at  the   rate  per 

annum  of 540.00 

3  employes $1,500.00 

§  3.  The  Board  of  Public  Safety,  in  case  of  emergency  and 
with  the  approval  of  the  Mayor,  shall  have  the  power  to  em- 
ploy additional  help  in  the  Department  of  Cemeteries,  the 
salaries  and  compensation  of  same  to  be  fixed  by  the  Board  of 
Public  Safety,  and  the  names  of  such  employes  shall  appear  on 
the  regular  pay  roll  as  "Special  Employes,"  and  said  special  em- 
ployes may  be  dismissed  at  any  time  by  the  Board  of  Public 
Safety. 

§  4.  The  ordinance  approved  November  11,  1913,  and  en- 
titled "An  Ordinance  concerning  the  departments  under  the 
Board  of  Public  Safety  and  fixing  the  number,  salaries  and  com- 
pensation of  the  officers  and  employes  therein,"  and  all  ordi- 
nances and  parts  of  ordinances  in  conflict  herewith  are  hereby 
repealed. 

§  5.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage.     {Avproved  March  16,  1918.) 


CHAUFFEURS  FOR  CITY  AMBULANCES.  191 

CHAUFFEURS  FOR  CITY  AMBULANCES. 

AN  ORDINANCE  providing  for  the  employment  of  two 
chauffeurs  of  automobile  ambulances  for  the  City  Hospital 
of  the  city  of  Louisville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  Board  of  Public  Safety  of  the  city  of  Louisville 
is  hereby  authorized  to  employ  two  automobile  chauffeurs,  whose 
duties  it  shall  be  to  drive  and  care  for  the  automobile  ambulances 
belonging  to  the  city  of  Louisville,  and  used  in  the  operation  of 
the  Citj^  Hospital.  The  two  chauffeurs  so  employed  shall  be  on 
duty  and  render  such  services  to  the  city  at  such  time  as  the 
Board  of  Public  Safety  may  determine.  They  shall  receive  the 
salary  of  seventy-five  ($75)  dollars  per  month  each,  payable 
monthly. 

§  2.  This  ordinance  shall  take  effect  from  and  after  its  pass- 
age. (AiJproved  November  29,  1912.)  (See  also  Right  of  Way 
[4].) 


CHILI  PARLORS  AND  EATING  HOUSES. 

Regulating  Sale  of  Drinks  Therein. 

AN  ORDINANCE  regulating  Chili  Parlors,  Restaurants,  Hotels 

and  other  eating  and  refreshment  houses. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  no  chili  parlor,  restaurant,  hotel  or  other  eating  or 
refreshment  house  shall  serve,  dispense  or  furnish  or  sell  upon 
the  premises  any  spirituous,  vinous  or  malt  liquors  without  first 
obtaining  from  the  city  of  Louisville  a  retail  liquor  license. 

§  2.  That  any  individual,  firm  or  corporation  who  violates 
any  provision  of  this  ordinance  shall  be  fined  not  less  than  fifty 
($50)  nor  more  than  one  hundred  ($100)  dollars.  Each 
serving,  dispensing,  furnishing  or  selling  of  such  liquor,  with- 
out obtaining  the  license  herein  required,  and  each  act  in  vio- 
lation of  any  provision  of  this  ordinance  shall  be  considered  a 
separate  offense  and  punished  accordingly. 

§  3.  This  ordinance  is  passed  pursuant  to  the  police  power 
of  the  city  of  Louisville  and  shall  not  be  deemed  an  amendment, 
alteration  or  repeal  of  any  existing  ordinance. 


192  CHILI  PARLORS  AND  EATING  HOUSES. 

§  4.     This  ordinance  shall  take  effect  from  and  after  its  pass- 
age.    {Approved  September  18,  1913.)      (See  also  [9]  License.) 


CHILI  PARLORS  AND  EATING  HOUSES. 

AN  ORDINANCE  regulating  the  operation  of  Chili  Parlors, 
Eating  Houses,  Restaurants,  and  other  places  for  the  sale  of 
chili,  chop  suey,  and  other  food  products  in  places  adjacent 
to  or  connected  with  saloons. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  it  shall  be  unlawful  for  any  person  or  persons, 
owner,  agent  or  employe  of  a  chili  parlor,  eating  house  or  res- 
taurant, where  chili,  chop  suey  or  other  food  products  are  sold, 
and  where  spirituous,  vinous,  or  malt  liquors  or  other  intoxi- 
cating liquors  of  any  kind  are  sold  at  retail  or  by  the  drink,  and 
where  any  such  chili  parlor,  eating  house,  or  restaurant  is  located 
adjacent  to,  above,  or  anywhere  in  the  immediate  proximity  of 
a  saloon,  barroom,  or  place  of  any  kind  where  spirituous,  vinous 
or  malt  liquors  or  other  intoxicating  liquors  of  any  kind  are  sold 
at  retail,  or  by  the  drink,  to  keep  said  place  open  from  and  after 
the  hour  of  1  o'clock  A.  M,,  or  to  open  said  place  of  business 
before  the  hour  of  5  o'clock  A.  M.  on  any  working  day  through- 
out the  year,  or  to  keep  said  place  of  business  open  at  any  time 
between  the  hours  of  12  o'clock  midnight  on  Saturdays  and  5 
o'clock  A.  M.  on  Mondays. 

The  provisions  of  this  ordinance  shall  not  apply  to  the  restau- 
rant or  dining  rooms  conducted  in  connection  with  a  regularly 
licensed  hotel  and  under  the  same  ownership. 

§  2.  That  any  person  or  persons,  keeper,  owner,  agent,  em- 
ploye or  manager  of  any  chili  parlor,  eating  house,  or  restaurant, 
who  shall  violate  any  of  the  provisions  of  this  ordinance  shall 
be  fined  not  less  than  fifteen  ($15.00)  dollars  nor  more  than 
fifty  ($50.00)  dollars  for  each  offense,  and  each  time  such  place 
of  business  is  opened  during  the  times  prohibited  by  this  ordi- 
nance, and  each  sale,  or  other  act,  committed  in  violation  of  this 
ordinance  shall  constitute  a  separate  offense. 


CITY  attorney's  OFFICE.  193 

§  3.     This  ordinance  shall  take  effect  on  and  after  its  pass- 
age.    {Approved  August  16,  1918.) 


(1)   CITY  ATTORNEY'S  OFFICE.* 
Salaries  of  Attorney  and  Two  Assistants. 

AN  ORDINANCE  to  fix  the  salaries  of  the  City  Attorney,  the 
First  Assistant  City  Attorney  and  the  Second  Assistant  City 
Attorney. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  salaries  of  the  City  Attorney,  First  Assistant 
City  Attorney  and  Second  Assistant  City  Attorney  of  the  city  of 
Louisville,  appointed  by  the  Mayor  as  authorized  by  an  act  of  the 
General  Assembly  of  the  Commonwealth  of  Kentucky,  approved 
March  21,  1902,  shall  be  as  follows:  The  City  Attorney  shall  re- 
ceive five  thousand  dollars  per  annum,  payable  in  monthly  in- 
stallments. The  First  Assistant  City  Attorney  shall  receive  three 
thousand  dollars  per  annum,  payable  in  monthly  installments. 
The  Second  Assistant  City  Attorney  shall  receive  two  thousand 
five  hundred  dollars  per  annum,  payable  in  monthly  installments. 
They  shall  not  be  entitled  to  any  attorney's  docket  or  other  fees, 
or  any  additional  compensation  for  their  services. 

§  2.  To  the  extent  that  any  ordinance  is  in  conflict  with  this 
ordinance  the  same  is  hereby  repealed. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pass- 
age.    (Approved  December'  19,  1904.) 


(2)    CITY   ATTORNEY'S   OFFICE. 

Additional  Assistants  and  Salaries. 

AN  ORDINANCE  concerning  the  Law  Department  of  the  city  of 

Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  the  following  additional  offices  in  the  Law  Depart- 
ment of  the  city  of  Louisville  be,  and  the  same  are  hereby  cre- 
ated, viz. : 


*See  Sees.  2909,  2910  Ky.  St. 


194 CITY  attorney's  OFFICE. 

Mayor's  Counsel,  Solicitor,  Tax  Attorney,  Law  Accountant 
and  Messenger,  each  of  which  shall  be  filled  by  appointment  by 
the  Mayor  with  the  approval  of  the  Board  of  Aldermen,  for  a 
term  of  four  years  and  subject  to  removal  by  the  Mayor  at  pleas- 
ure. 

§  2.  The  Mayor's  Counsel  shall  be  a  licensed  attorney  with 
at  least  eight  years'  practice  at  the  bar,  and  he  shall  discharge 
such  duties  in  the  Law  Department  as  may  be  required  of  him  by 
the  City  Attorney  or  the  General  Council  and  Mayor  under  the 
supervision  of  the  City  Attorney.  He"  shall  receive  a  salary  of 
$200  per  month,  payable  monthly. 

§  3.  The  Solicitor  in  the  Law  Department  shall  be  a  licensed 
attorney  with  at  least  five  years'  practice  at  the  bar  who  shall 
discharge  such  duties  in  the  Law  Department  in  connection  with 
trials  of  jury  cases  for  and  against  the  city  of  Louisville,  and 
such  other  duties  as  shall  be  required  of  him  by  the  City  At- 
torney, or  the  General  Council  'and  Mayor,  under  the  supervision 
of  the  City  Attorney.  His  salary  shall  be  $125  per  month,  pay- 
able monthly. 

§  4.  The  Tax  Attorney  shall  be  a  licensed  attorney  of  at  least 
three  years'  practice  at  the  bar,  who  shall  discharge  such  duties 
in  connection  with  the  collection  of  city  taxes  and  such  other 
duties  as  may  be  required  of  him  by  the  City  Attorney  or  the 
General  Council  and  Mayor  under  the  supervision  of  the  City 
Attorney.    His  salary  shall  be  $125  per  month,  payable  monthly. 

§  5.  The  Law  Accountant  shall  be  a  competent  and  experi- 
enced bookkeeper,  who  shall  perform  such  duties  in  the  Law  De- 
partment as  shall  be  required  of  him  by  the  City  Attorney  or  the 
General  Council  and  M'ayor  under  the  supervision  of  the  City 
Attorney.    His  salary  shall  be  $125  per  month,  payable  monthly. 

§  6.  The  Messenger  in  the  Law  Department  shall  take  mes- 
sages from  the  Law  Department  to  offices  in  the  City  Hall  or  the 
Court  House,  receive,  carry  and  deliver  papers  in  or  connected 
with  suits  to  which  the  city  is  a  party,  or  in  which  it  is  in- 
terested, and  perform  such  other  services  as  may  be  required  by 
the  City  Attorney  or  the  General  Council  and  the  Mayor  under 
the  supervision  of  the  City  Attorney.  He  shall  receive  a  salary 
while  so  employed  of  $30  per  month,  payable  monthly. 

§  7.  All  ordinances  or  parts  of  ordinances  in  conflict  with 
this  ordinance  and  especially  an  ordinance  entitled  "An  ordinance 


CITY  attorney's  OFFICE.  195 

concerning  the  Law  Department  of  the  city  of  Louisville,"  ap- 
proved March  24,  1910,  be,  and  the  same  are  hereby  repealed. 

§  8.     This  ordinance  shall  take  effect  from  and  after  its  pass- 
age.    (Approved  August  6,  1910.) 


(3)   CITY  ATTORNEY'S  OFFICE. 

Law  Clerk. 

AN  ORDINANCE  concerning  the  Law  Department  of  the  city 
of  Louisville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  the  office  of  Law  Clerk  in  the  City  Attorney's 
office  is  hereby  created,  and  that  the  Mayor  of  the  city  of  Louis- 
ville shall  have  the  right  to  appoint  for  a  term  not  exceeding 
the  Mayor's  term  of  office,  and  subject  to  removal  by  the  Mayor 
at  pleasure,  a  Law  Clerk,  who  shall  perform  such  services  as 
may  be  required  of  him  by  the  City  Attorney  or  the  General 
Council  and  the  Mayor,  under  the  supervision  of  the  City  Attor- 
ney.    His  salary  shall  be  $150.00  per  month,  payable  monthly. 

§  2.  The  Law  Clerk  shall  be  a  licensed  attorney  of  at  least 
five  years'  practice  at  the  bar. 

§  3.  That  an  ordinance  entitled  "An  ordinance  creating  the 
office  of  Law  Clerk  to  the  Mayor  and  fixing  the  salary  thereof," 
approved  January  13,  1902,  be  and  the  same  is  hereby  repealed 
and  this  ordinance  is  adopted  in  lieu  thereof. 

§  4.  This  ordinance  shall  take  effect  from  and  after  its  pass- 
age.    {Approved  November  14,  1918.) 


(4)   CITY  ATTORNEY'S  OFFICE. 

Claim  Agent. 

AN  ORDINANCE  concerning  the  office  of  Claim  Agent  in  the 

Law  Department. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  there  shall  be  in  the  Law  Department  of  the  city 
of  Louisville  one  claim  agent,  who  shall  be  appointed  by  the 


196  CITY  attorney's  OFFICE. 

Mayor,  and  subject  to  removal  by  the  Mayor's  pleasure.  He 
shall  receive  a  salary  while  in  office  at  the  rate  of  fifteen  hundred 
($1,500)  dollars  per  year,  payable  monthly.  He  shall  assist  the 
City  Attorney  in  the  preparation  of  actions  in  which  the  city  is 
interested,  and  shall  perform  such  other  duties  as  may  be  as- 
signed him  by  the  City  Attorney. 

§  2.     All  ordinances  or  resolutions  in  conflict  with  this  ordi- 
nance are  hereby  repealed. 

§  3.     This  ordinance  shall  be  in  effect  from  and  after  its  pub- 
lication.    (Approved  August  11,  1908.) 


(5)   CITY  ATTORNEY'S  OFFICE. 

Stenographers. 

AN  ORDINANCE  concerning  the  employment  of  stenographers 
to  be  assigned  to  the  Law  Department  of  the  city  of  Louis- 
ville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  the  Mayor  be,  and  he  is  hereby  empowered  and 
authorized  to  employ  and  remove  at  pleasure,  three  expert  stenog- 
raphers, who  shall  also  be  expert  typewriters,  who  shall  be  as- 
signed to  the  Law  Department  of  the  city  and  perform  such  ser- 
vice to  the  city  as  the  Mayor  and  the  City  Attorney  may  direct. 
§  2.  One  of  the  stenographers  shall  receive  a  salary  of  $85 
per  month,  payable  monthly,  and  each  of  the  other  two  $75  per 
month,  payable  monthly. 

§  3.     All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  4.     This  ordinance  shall  take  effect  from  and. after  its  pass- 
age.    (Approved  August  6,  1910.) 


CITY  attorney's  OFFICE.  197 

(6)   CITY  ATTORNEY'S  OFFICE. 

Tax  Investigators. 

AN  ORDINANCE  authorizing  the  employment  of  not  more 
than  three  investigators  for  title  work  in  connection  with 
the  tax  suits  pending  in  the  Jefferson  Circuit  Court,  and  pro- 
viding for  the  payment  of  same. 

Whereas,  Nearly  one  thousand  suits  are  now  pending  in  the 
Jefferson  Circuit  Court  in  which  the  city  of  Louisville  is  at- 
tem.pting  to  subject  property  to  sale  for  the  payment  of  city 
taxes;  and 

Whereas,  It  is  to  the  great  advantage  of  the  city  of  Louis- 
ville to  reduce  these  taxes  to  judgment  and  have  paid  into  the 
city  treasury  such  sums  as  are  collectible  therefrom;  and 

Whereas,  These  suits  present  questions  of  title  in  addition 
to  the  necessary  legal  steps  to  be  taken  in  court, 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  City  Attorney  is  hereby  authorized  and  em- 
powered to  employ  not  more  than  three  members  of  the  Louis- 
ville bar,  qualified  for  the  work,  who  shall,  under  direction  of 
the  City  Attorney,  examine  the  records  of  tax  suits  now  pend- 
ing in  said  ofRce,  report  on  the  condition  of  the  property,  the 
parties  to  such  action  and  those  in  possession  of  said  property 
and  report  to  said  office  each  day  the  work  so  done,  and  such 
persons  shall  be  allowed  for  said  work  the  sum  of  forty  (40) 
cents  per  hour  for  actual  time  so  employed,  the  same  to  be 
charged  to  incidental  expenses, 

§  2.  This  ordinance  shall  take  effect  from  and  after  its  pass- 
age and  remain  in  force  until  suits  filed  prior  to  January  1,  1910, 
•are  disposed  of.     {Approved  January  25,  1917.) 


(7)   CITY  ATTORNEY'S  OFFICE. 
Department  Counsel. 

AN  ORDINANCE  concerning  the  Law  Department  of  the  city 
of  Louisville  creating  the  office  of  Department  Counsel  and 
fixing  his  salary  and  prescribing  his  duties. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  as  an  addition  to  the  Law  Department  of  the  city 

of  Louisville  the  office  of  Department  Counsel  is  hereby  created, 


198  CITY  BUYER. 


which  office  shall  be  filled  by  appointment  of  the  Mayor  for  the 
term  of  four  years  subject  to  removal  by  the  Mayor  at  any 
time. 

§  2,  The  Department  Counsel  shall  be  a  licensed  attorney 
with  at  least  eight  years'  experience  in  the  practice  of  law  and 
shall,  under  the  supervision  of  the  City  Attorney,  discharge  all 
duties  that  may  be  required  of  him  by  the  Board  of  Water  Works, 
the  Commissioners  of  the  Sinking  Fund,  the  Board  of  Park  Com- 
missioners and  the  Board  of  Trustees  of  the  Free  Public  Library 
of  the  city  of  Louisville  and  such  other  duties  in  the  Law  Depart- 
ment as  may  be  assigned  to  him  by  the  Mayor  and  the  City 
Attorney. 

§  3.  His  salary  shall  be  not  exceeding  thirty-six  hundred 
($3,600.00)   dollars  annually,  payable  monthly. 

§  4.  This  ordinance  shall  take  effect  from  and  after  its  pass- 
age.    (Approved  February  14,  1919.) 


(1)   CITY  BUYER.- 

Duties  and  Employes. 

AN  ORDINANCE  regulating  the  office  and  defining  the  duties 
of  the  City  Buyer  and  fixing  his  salary,  and  fixing  the  num- 
ber of  employes  in  said  office  and  their  salaries. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  the  office  of  City  Buyer,  authorized  by  the  act  for 
the  government  of  cities  of  the  first  class,  shall  be  regulated,  and 
the  duties  of  the  City  Buyer  shall  be  defined  by  statute  and  the 
provisions  of  this  ordinance. 

§  2.  It  shall  be  the  duty  of  the  City  Buyer  to  purchase  all 
animals,  commissary  or  subsistence  stores,  medical  and  naval 
stores,  stationery,  ironmongery,  tools,  implements,  instruments, 
machines,  fuel,  forage,  electrical  and  telegraph  stores  and  sup- 
plies, lumber,  brick,  stone,  cement,  drain  pipe,  sand,  gravel  and 
any  and  all  articles  used  by  the  city  in  the  construction,  repair 
or  maintenance  of  the  public  buildings  and  the  public  ways,  and 
the  repair  of  the  public  sewers  and  drains  of  the  city,  and  all 


*See  Sec.  2801  Ky.  St. 


CITY  BUYER.  199 


articles  or   supplies   to   be  furnished   the   various   institutions, 
officers  and  departments  of  the  city. 

§  3.  Before  purchasing  any  articles,  as  provided  in  section 
2  hereof,  the  City  Buyer  shall  have  a  requisition  therefor,  in 
such  form  as  shall  be  provided  by  the  Comptroller,  with  the 
approval  of  the  Mayor,  which  requisition  shall  state  the  quan- 
tity and  quality  of  the  article  or  articles  required,  the  place  of 
delivery  of  the  same,  together  with  such  specifications  or  samples 
as  may  be  necessary  to  secure  the  exact  article  required,  and 
said  requisition  shall  also  state  the  purpose  for  which  the  articles 
are  intended.  When  such  articles  are  of  monthly  or  periodical 
consumption,  said  requisition  shall  state  the  quantity  required, 
for  such  period,  the  amount  of  such  article  or  articles  then  on 
hand,  and  the  amount  to  be  supplied  by  the  City  Buyer.  Said 
requisition  on  the  City  Buyer  shall  be  signed  by  the  officer  or 
person  requiring  the  article  or  articles,  and  shall  be  approved  by 
the  chief  of  the  department  under  whose  employ  or  appointment 
said  person  may  be,  or  the  Mayor. 

§  4.  When  the  City  Buyer  has  purchased  any  article  or  arti- 
cles, as  provided  in  section  3,  he  shall  require  the  vendor  to  de- 
liver to  him  duplicate  invoices  therefor,  made  out  upon  the  bill- 
heads of  the  vendor ;  or,  if  required  by  the  Comptroller  so  to  do, 
he  shall  require  him  to  make  out  said  invoices  upon  blank  forms 
supplied  by  the  Comptroller.  In  the  first  instance  he  shall  for- 
ward one  of  said  bills  to  the  person  requiring  an  accounting 
for  such  article  or  articles  and  shall  file  the  other  bill  in  his  office. 
In  the. second  instance,  he  shall  use  the  blanks  supplied  by  the 
Comptroller,  and  shall  comply  with  all  of  the  requirements  of  the 
ordinance  prescribing  the  manner  in  which  claims  against  the 
city  shall  be  made.  In  all  cases  the  City  Buyer  shall  require  and 
keep  on  file  in  his  office  an  acknowledgment  of  the  receipt  of  the 
article  or  articles  so  called  for,  signed  by  the  officer  making  the 
requisition  in  person. 

§  5.  That  no  contract  for  any  article,  supplies,  material, 
live  stock  or  other  personal  property  needed  by  any  officer,  in- 
stitution or  department  of  the  city  shall  be  or  continue  to  be  for 
a  longer  time  than  the  end  of  the  fiscal  year  in  which  such  con- 
tract shall  be  made. 

§  6.  It  shall  be  the  imperative  duty  of  the  City  Buyer  at  all 
times,  to  the  best  of  his  ability,  to  subserve  the  best  interests  of 


200  CITY  BUYER. 


the  city  in  his  department  and  to  see  that  all  specifications  for 
the  city  are  properly  drawn  and  all  purchases  made  so  as  to  pre- 
vent overcharges,  extortions  or  impositions,  and  to  secure  the 
articles,  supplies  or  materials  required  at  the  lowest  possible 
price. 

Whenever  the  City  Buyer  shall  be  required  to  purchase  arti- 
cles, material  or  supplies  to  the  amount  of  $25  or  over,  it  shall 
be  his  duty  to  post  a  public  notice  in  the  most  conspicuous  place 
in  his  office,  which  notice  shall  state  the  amount  or  quantity, 
quality  and  nature  of  the  articles,  materials  or  supplies  desired, 
and  the  place  or  places  where,  and  times  when,  the  same  are  to 
be  delivered  and  full  specifications  concerning  same;  and  said 
notice  shall  further  state  that  bids  in  writing  will  be  received  at 
the  City  Buyer's  office  for  such  articles,  materials  or  supplies 
until  4  p.  m.  of  the  second  day  'after  the  notice  is  posted.  The 
purchase  shall  not  be  made  until  after  said  hour,  and  the  City 
Buyer  shall  keep  a  record  of  every  bid  made,  which  shall  al  all 
times  be  open  to  public  inspection. 

Whenever  a  contract  made  by  the  City  Buyer  is  transmitted 
to  the  General  Council  for  its  approval  it  shall  be  accompanied 
by  a  transcript  of  all  the  bids  received  or  the  original  bids  them- 
selves. 

In  addition  to  posting  the  notice  aforesaid  it  shall  be  the  duty 
of  the  City  Buyer  to  use  every  effort  by  telephone,  correspond- 
ence or  otherwise  to  induce  further  competitive  bidding.  All 
bids  shall  be  sealed  and  in  writing  and  opened  publicly  after  the 
hour  named  in  the  notice. 

Nothing  in  this  section  shall  be  construed  to  apply  to  the  pur- 
chase of  live  stock,  fire  or  other  insurance,  or  emergency  supplies 
or  material,  where  an  emergency  actually  exists.  The  Mayor 
and  the  City  Buyer  shall  determine  when  an  emergency  exists. 

Nothing  in  this  section  shall  be  construed  to  relieve  the  City 
Buyer  from  endeavoring  to  obtain  competitive  bidding  for  arti- 
cles, materials  or  supplies  to  the  amount  of  less  than  twenty-five 
dollars  wherever  such  effort  would  be  reasonable. 

§  7.  A  joint  committee  of  three  shall  be  appointed,  two  by 
the  President  of  the  Board  of  Councilmen  and  one  by  the  Presi- 
dent of  the  Board  of  Aldermen,  whose  duty  it  shall  be  to  exam- 
ine into  all  contracts,  lettings  and  purchases  in  the  City  Buyer's 


CITY  BUYER.  201 


department  and  see  that  the  same  conform  to  the  provisions  of 
this  ordinance,  and  the  said  committee  shall  report  monthly  to 
their  respective  boards.  And  it  shall  be  the  duty  of  the  President 
of  the  Boards  of  Aldermen  and  Councilmen,  in  the  regular  order 
of  business,  to  call  for  a  report  from  this  committee  at  the  first 
meeting  of  the  General  Council  in  each  month.  This  committee 
shall  have  access  to  all  books,  papers,  bids,  lettings  and  contracts 
in  the  City  Buyer's  department,  and  it  shall  be  the  duty  of  the 
City  Buyer  and  his  clerk  to  render  the  said  committee  all  the 
assistance  necessary  to  obtain  any  and  all  information  concern- 
ing the  department  or  to  expedite  the  work  of  the  committee. 

§  8.  That  it  shall  be  the  duty  of  the  City  Buyer  to  make  sale, 
publicly  or  privately,  in  his  discretion,  on  the  best  terms  he  can 
obtain,  of  all  live  stock  or  material  in  the  fire,  police  and  other 
departments  of  the  city  where  such  live  stock  or  material  has 
become  unfit  for  further  service  or  use  in  such  departments,  and 
after  the  same  shall  have  been  condemned  by  the  chief  or  head 
of  said  department  the  condemnation  papers  having  been 
approved  by  the  board  governing  said  department. 

§  9.  That  all  materials,  supplies,  live  stock  or  other  personal 
property,  whenever  the  same  shall  become  unfit  for  use  by  the 
city  of  Louisville  in  any  of  its  departments,  shall  be  promptly 
reported  by  the  chief  of  such  department  to  the  executive  board 
having  control  of  such  department;  and  the  said  board,  after 
receiving  such  report  or  notice,  shall  examine  into  the  condition 
of  the  material,  supplies,  live  stock  or  other  personal  property, 
and  if,  in  the  judgment  of  a  majority  of  the  members  of  the  said 
board,  the  same  is  unfit  for  further  use  by  the  city  or  the  depart- 
ment which  has  had  the  use  of  the  same,  said  board  shall  at  once 
notify  the  City  Buyer,  giving  him  a  list  of  the  articles,  their 
condition,  quantity,  where  located,  etc.,  in  order  that  he  may  sell 
the  same  and  make  report  thereof;  and  it  shall  be  the  duty  of 
the  City  Buyer  to  keep  in  the  front  part  of  his  office,  outside  the 
railing,  a  bulletin  board  headed  "For  Sale  by  the  City  Buyer," 
upon  which  he  shall  note,  immediately  upon  receipt  of  notice 
from  said  board,  the  articles  to  be  sold,  a  brief  description 
thereof  and  the  time  and  place  of  sale,  which  notice  shall  remain 
on  said  bulletin  board  until  the  sale  of  said  articles  shall  have 
been  made. 


202  CITY  BUYER. 


Said  notice  shall  remain  posted  upon  the  bulletin  board  for 
at  least  three  days  before  the  sale  shall  be  made,  and  the  City 
Buyer  may,  where  the  article  to  be  sold  is,  in  his  judgment,  of 
sufficient  value  to  justify  the  expense,  advertise  such  sale  by  one 
insertion  in  one  or  more  of  the  daily  newspapers  authorized  to 
do  the  city  printing.  He  shall,  in  all  instances,  take  sealed  bids 
for  the  property  to  be  sold  by  him  under  this  section. 

§  10.  That  it  shall  be  the  duty  of  the  City  Buyer  promptly 
after  each  sale  to  report  to  the  Board  of  Public  Safety  or  the 
Board  of  Public  Works,  as  the  case  may  be,  the  sale,  the  articles 
sold,  the  price  or  prices  obtained  and  the  name  of  the  purchaser 
or  purchasers.  All  such  sales  shall  be  made  for  cash,  and  the 
proceeds  shall  be  paid  immediately  by  the  purchaser  or  pur- 
chasers to  the  City  Treasurer,  who  shall  pass  the  same  to  the 
credit  of  the  fund  for  general  purposes. 

§  11.  That  any  officer  or  employe  of  the  city  of  Louisville 
that  shall  sell  or  dispose  of  any  material,  supplies,  live  stock  or 
other  personal  property  of  the  city  of  Louisville,  which  shall 
have  become  unfit  for  further  use  in  any  department  of  the  city, 
otherwise  than  is  provided  for  by  this  ordinance,  or  who  shall 
fail  or  refuse  to  perform  any  duty  imposed  upon  him  by  any  pro- 
vision of  this  ordinance,  shall  be  subject  to  a  fine  of  not  less 
than  ten  dollars  or  more  than  one  hundred  dollars  for  each 
offense,  to  be  recovered  in  the  Police  Court  of  the  city  of  Louis- 
ville. 

§  12.  The  City  Buyer  shall  keep  in  his  office,  properly  in- 
dexed and  filed,  all  requisitions,  all  advertisements  for  bids,  all 
the  bids  themseilves  and  the  letting  sheets  therefor,  all  condem- 
nation papers,  all  advertisements  for  sales  and  an  itemized 
account  of  said  sales,  and  shall  keep  such  books  and  accounts, 
and  shall  also  make  such  reports  at  such  times  and  in  such  form 
as  the  Comptroller  may  prescribe. 

§  13.  That  the  City  Buyer  shall  execute  bond  in  the  sum  of 
ten  thousand  dollars,  with  good  surety,  conditioned  for  a  faith- 
ful performance  of  all  his  duties  as  required  by  law  and  the  pro- 
visions of  this  ordinance,  said  bond  to  be  approved  by  the  Gen- 
eral Council  and  filed  with  the  Comptroller.  This  bond  shall  be 
executed  within  ten  days  after  his  appointment  shall  have  been 
approved  by  the  Board  of  Aldermen. 


CITY  BUYER.  203 


§  14.  That  nothing  in  this  ordinance  shall  be  construed  to 
conflict  or  dispense  with  the  requirements  of  the  statutes  that 
all  purchases  by  the  City  Buyer  shall  be  approved  by  the  Mayor 
if  the  amount  to  be  expended  be  under  $2,000,  and  by  the  Gen- 
eral Council  and  Mayor  if  the  amount  exceed  $2,000. 

§  15.  The  City  Buyer  shall  have  the  authority  by  and  with 
the  approval  of  the  Mayor  to  appoint  an  assistant  city  buyer, 
a  stenographer  and  a  clerk.  The  City  Buyer  shall  receive  a 
salary  at  the  rate  of  $2,500  per  annum,  payable  monthly.  The 
Assistant  City  Buyer  shall  receive  a  salary  at  the  rate  of  $2,000 
per  annum,  payable  monthly.  The  stenographer  shall  receive  a 
salary  at  the  rate  of  $900  per  annum,  payable  monthly.  The 
clerk  shall  receive  a  salary  at  the  rate  of  $900  per  annum,  pay- 
able monthly. 

§  16.  That  all  ordinances  and  parts  of  ordinances  in  conflict 
with  this  ordinance  be  and  the  same  are  hereby  repealed. 

§  17.  This  ordinance  shall  take  effect  from  its  passage. 
{Approved  October  10,  1911.) 


(2)   CITY  BUYER. 


Transfer  of  Articles  and  Labor  From  One  Department  to 

Another. 

AN  ORDINANCE  providing  for    the  transfer  of   articles    and 
labor    from  one    department  to  another    department  of   the 
city. 
Be  it  ordained  bij  the  General  Council  of  the  city  of  Louisville: 
§  1.     Whenever  it  is  deemed    desirable  by  the    head  of    any 
department  of  the  city  government  to  obtain  any  article  of  per- 
sonal property  or  labor  belonging  to  another  department  he  shall 
first  make  out  a  requisition  on  the  regular    requisition    blanks 
now  used,  or  that  may  hereafter  be  used  by  his  department  for 
the  purchase  of  supplies,  which  requisition  shall  be  approved  by 
the  board,  if  there  be  one,  having  control  of   such  department. 
The  requisition  shall  then  be  sent  to  the  City  Buyer,  who  shall 
make  an  order  on  the  department  from  which  the  personal  prop- 
erty or  labor  is  to  be  obtained.    If  said  order  is  approved  by  the 


204  CITY  BUYER. 


head  of  such  department  and  by  the  board,  if  there  be  one, 
having  control  thereof,  the  said  personal  property  or  labor  shall 
be  transferred  to  the  department  ordering  the  same,  which  shall 
give  a  receipt  in  duplicate  therefor. 

§  2.  Such  personal  property  or  labor  shall  be  furnished  at 
cost,  or  at  a  price  not  greater  than  cost,  that  may  be  agreed  on 
between  the  heads  of  the  departments  and  board  or  boards,  if 
any,  having  control  of  them.  Wherever  the  price  shall  be  so 
agreed  on  it  shall  be  certified  to  the  City  Buyer,  who  shall  keep 
a  separate  record  of  the  same  in  a  special  book  for  that  purpose. 

§  3.  The  department  furnishing  the  personal  property  or 
labor  shall  make  out  a  transfer  voucher  at  the  end  of  each 
month,  charging  thereon  such  personal  property  or  labor  to  the 
department  ordering  same  and  giving  the  date  and  number  of 
each  requisition  on  which  it  was  furnished,  and  shall  attach  to 
said  transfer  voucher  the  original  receipt  given  by  the  depart- 
ment receiving  the  said  personal  property  or  labor.  The  said 
transfer  voucher  shall  then  be  approved  by  the  heads  of  the 
departments  furnishing  and  ordering  the  said  personal  property 
or  labor,  and  by  the  board  or  boards,  if  any,  having  control  of 
such  departments  or  of  either  of  them. 

§  4.  Upon  the  approval  of  any  transfer  voucher,  as  provided 
in  section  3  of  this  ordinance,  it  shall  be  filed  with  the  City 
Buyer,  who  shall  enter  it  upon  his  books  and  certify  to  its  cor- 
rectness and  then  deliver  it  to  the  City  Comptroller,  who  shall 
register  the  transfer  and  credit  the  department  by  which  the 
property  or  labor  is  furnished,  with  the  value  of  the  article  or 
labor  so  furnished,  and  charge  the  department  to  which  the 
same  is  furnished  with  the  value  thereof,  and  thereupon  the  City 
Comptroller  shall  certify  said  record  so  made  by  him  to  the  City 
Treasurer,  and  it  shall  then  be  the  duty  of  the  City  Treasurer 
to  record  said  transfer  and  make  the  proper  debit  and  credit  to 
show  the  facts. 

§  5.  This  ordinance  shall  take  effect  from  and  after  its 
passage,  and  all  ordinances  in  conflict  herewith  are  hereby 
repealed.    (Approved  August  26,  1909.) 


CITY  GAUGER.  205 


(4)   CITY  BUYER. 

Fund  for  Payment  of  Freight  Charges. 

AN  ORDINANCE  authorizing  the  creation  of  a  fund  for  the 
use  of  the  City  Buyer's  Department  in  the  city  of  Louisville 
for  the  payment  of  freight  charges. 

Whereas,  Under  a  recent  order  of  the  United  States  Railroad 
Administration  payment  of  all  transportation  charges  has  been 
placed  upon  a  cash  basis,  and 

Whereas,  There  is  no  provision  made  for  the  advancement  of 
money  with  which  to  pay  for    said    transportation  or  freight; 
therefore. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  Auditor  be  and  he  is  hereby  authorized  and 
directed  to  draw  his  warrant  in  favor  of  the  City  Buyer  in  the 
sum  of  One  Thousand  ($1,000.00)  Dollars  for  a  freight  fund, 
and  the  City  Comptroller  be  and  he  is  hereby  authorized  to  regis- 
ter the  same  and  the  City  Treasurer  be  and  he  is  hereby  author- 
ized to  pay  the  same  to  the  City  Buyer. 

§  2.  Whenever  the  City  Buyer  shall  exhibit  to  the  Mayor  and 
the  Comptroller  an  itemized  statement  showing  that  the  fund 
on  hand  or  a  major  portion  thereof  is  exhausted,  a  like  warrant 
for  the  amount  paid  out,  as  shown  by  said  statement,  shall  be 
drawn. 

§  3.  The  said  City  Buyer  shall  at  any  and  all  times  when 
demanded,  report  to  the  Mayor  or  General  Council  the  condition 
of  said  fund  and  the  expenditure  made  by  him  out  of  same. 

§  4.  This  ordinance  shall  take  effect  from  and  after  its 
passage,  and  all-  ordinances  in  conflict  herewith  are  hereby 
repealed.    {Approved.  February  19,  1919.) 


CITY  GAUGER. 
Duties  and  Fees. 


AN  ORDINANCE    relating  to  the   office  of   City   Gauger   and 

defining  the  duties  and  fixing  the  fees  of  such  Gauger. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  in  the  month  of  December,  1904,  and  every  second 
year  thereafter,  the  General  Council  shall    elect  one  person  as 


206  CITY  GAUGER. 


Gauger,  to  continue  in  office  two  years  and  until  his  successor  is 
qualified,  and  he  may  appoint  a  deputy  from  time  to  time,  as 
needed.  The  Gauger  shall  keep  an  office  in  some  central  place, 
and  whenever  called  on  attend  at  any  place  in  the  city  and  gauge 
anj^  package  or  packages  of  a  liquid  nature  and  deliver  the  appli- 
cant a  true  certificate  of  the  contents  of  the  said  package  or 
packages. 

§  2.  He  shall  keep  in  a  suitable  book,  subject  to  the  inspec- 
tion of  the  persons  interested,  a  register  of  all  articles  gauged  by 
him,  an  abstract  of  which,  with  a  statement  of  the  amount  of 
fees  received,  shall  be  reported  by  him  under  oath  to  the  General 
Council  at  least  once  a  year,  and  oftener  if  required. 

§  3.  He  shall  also  keep  in  his  office  a  book  in  which  all  orders 
for  gauging  are  to  be  entered,  and  unless  for  a  good  cause  shown, 
they  shall  be  fulfilled  in  that  order  by  him,  under  a  penalty  of 
not  less  than  $5  nor  more  than  $20. 

§  4.  The  Gauger  may  charge  the  person  for  whom  the 
gauging  is  done  the  following  fees: 

For  gauging  vinegar,  oil,  petroleum  or  benzine,  for  each  bar- 
rel 71/2  cents. 

For  single  barrel  of  any  of  the  above,  15  cents. 

For  gauging  varnishes  or  turpentine,  15  cents  for  a  barrel, 
pipe  or  half  pipe. 

For  gauging  other  liquids  not  named,  the  same  as  for  gauging 
vinegar. 

§  5.  It  shall  not  be  lawful  for  any  person  other  than  the  one 
elected  under  the  provisions  of  this  ordinance,  or  his  deputy,  to 
perform  any  service  required  to  be  performed  by  said  ordinance, 
and  any  party  or  parties  violating  its  provisions  shall  be  liable 
to  a  fine  of  $25  for  each  offense. 

§  6.  This  ordinance  shall  take  effect  from  and  after  its  pub- 
lication.    (Approved  November  7,  1904.) 


CITY  HALL  DEPARTMENT. 207 

CITY  HALL  DEPARTMENT. 

Emplojes — Salaries. 

AN  ORDINANCE  concerning  the  City  Hall  Department,  placing 
same  under  the  Board  of  Public  Works,  and  fixing  the  num- 
ber, salaries  and  compensation  of  the  officers  and  employes 
in  said  department. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     There  is  hereby  created  and  placed  under  the  Board  of 
Public  Works  the  City  Hall  Department. 

§  2.  There  may  be  the  number  of  officers  and  employes  pre- 
scribed in  this  ordinance  and  no  more  in  said  department  and 
their  salaries  and  compensations  shall  not  be  greater  than  the 
maximum  rates  as  fixed  in  this  ordinance,  but  may  by  agreement 
between  the  Board  of  Public  Works  and  said  employes  be  fixed 
at  any  rate  less  than  the  said  maximum  rate  as  fixed  in  this  ordi- 
nance, and  the  payrolls  for  said  department  shall  be  made  up, 
certified  and  registered  each  week  in  accordance  with  the  pro- 
visions of  an  ordinance  entitled  "An  ordinance  prescribing  the 
manner  in  which  claims  against  the  city  of  Louisville,  including 
salaries  and  wages  of  its  officers  and  employes,  shall  be  made 
and  paid,"  and  approved  December  27,  1917. 

§  3.  Officers  and  employes  and  their  salaries  and  compensa- 
tion : 

Compensation 
Per  Annum. 

City  Hall  engine  man .  $1,280.00 

Night  engine  man 1,200.00 

'  Chief  janitor 1,080.00 

Elevator  man    780.00 

Chief  telephone  operator 900.00 

Telephone   operator    600.00 

Three  firemen,  $3.00  per  day  each 3,285.00 

Nine  janitors  at  $65.00  per  month  each 7,020.00 

Scrub  women,  $1.50  per  day  each  for  services  actually 

rendered. 
Laborers,  30c  per  hour  for  services  actually  rendered. 
One  night  custodian  at  $75.00  per  month 900.00 


208  CITY  HOSPITAL. 


§  4.  The  Board  of  Public  Works,  in  case  of  an  emergency, 
and  with  the  approval  of  the  Mayor,  shall  have  the  power  to 
employ  additional  help  in  the  said  department  herein  mentioned, 
the  salaries  of  the  same  to  be  fixed  by  the  Board  of  Public 
Works,  and  the  names  of  such  employes  shall  appear  on  the 
regular  payrolls  as  ''Special  Employes;"  said  special  employes 
may  be  dismissed  at  any  time  by  the  Board  of  Public  Works. 

§  5.  The  ordinance  approved  May  22,  1919,  entitled  "An 
ordinance  concerning  the  City  Hall  Department,  placing  the 
same  under  the  Board  of  Public  Works,  and  fixing  the  number, 
salaries  and  compensation  of  the  officers  and  employes  in  said 
Department,"  and  all  ordinances  and  parts  of  ordinances  in  con- 
flict herewith  are  hereby  repealed. 

§  6.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage.    (Approved  October  23,  1919.) 


CITY  HOSPITAL. 

''~  Room  for  the  Insane. 

AN  ORDINANCE  providing  for  a  room,  furniture  and  appli- 
ances at  the  City  Hospital,  suitable  for  the  insane. 
Be  it  ordaiyied  by  the  General  Council  of  the  city  of  Louisville: 
That  the  Board  of  Public  Safety  are  hereby  authorized  and 
instructed  to  prepare  and  cause  to  be  established  at  the  City 
Hospital  a  room  for  the  reception,  custody,  and  treatment  of  the 
insane  patients  that  may  be  sent  to  said  hospital ;  that  said  room 
shall  be  furnished  with  one  iron  bed  or  crib,  such  as  is  used  at 
the  lunatic  asylum  at  Lakeland,  and  known  as  No.  46,  Smith  and 
Davis  Manufacturing  Company,  or  one  equal  to  same,  and  such 
muffs,  strips,  and  bandages,  and  other  appliances  necessary  for 
the  purposes  of  said  room,  the  cost  thereof  to  be  charged  to 
charity  institutions.  This  ordinance  to  take  effect  from  and  after 
its  publication.  (Approved  March  15,  1897.)  (See  also  (1) 
Nurses;  Chauffeurs.  For  employes  see  Board  of  Public  Safety.) 


CLAIMS.  209 


CLAIMS. 

How  Paid. 

AN  ORDINANCE    prescribing    the    manner    in    which    claims 
against  the  city  of  Louisville,  including  salaries  and  wages 
of  its  officers  and  employes,  shall  be  made  and  paid. 
Be  it  ovdained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  all  claims  again&t  the  city  of  Louisville  shall  be 
made  out  in  duplicate  upon  the  printed  forms  furnished  by  the 
Comptroller,  and  shall  be  certified  to  by  the  officer  ordering  the 
work  or  material,  who  shall  state  the  authority  therefor.  Said 
certification  shall  be  made  to  the  Auditor  and  the  claims  so  cer- 
tified shall  be  registered  in  the  order  of  their  reception  by  the 
Auditor,  and  all  claims  approved  by  the  Auditor  shall  be  trans- 
mitted by  him  to  the  Comptroller. 

§  2.  All  such  claims  when  received  by  the  Comptroller  shall 
be  registered  by  him  and  numbered  in  the  order  of  their  recep- 
tion by  him  in  a  book  kept  for  that  purpose  showing  the  titles 
of  accounts  to  which  such  claims  are  chargeable,  both  the 
original  and  duplicate  to  bear  evidence  of  registration  by  date, 
number  and  folio  of  register. 

§  3.  That  no  claims  shall  be  entertained  by  the  General 
Council  unless  made  out  in  accordance  with  sections  1  and  2  of 
this  ordinance. 

§  4.  That  upon  the  passage  by  the  General  Council  and 
approval  by  the  Mayor  of  any  claim,  the  Comptroller  shall  file 
in  his  office  the  original  and  shall  attest  and  deliver  to  the  owner 
thereof  the  duplicate  of  such  claim. 

§  5.  That  upon  the  presentation  to  the  Auditor  of  such  dupli- 
cate, properly  certified  and  attested,  as  hereinbefore  provided 
he  shall  issue  his  warrant  for  the  amount  of  said  claim,  and 
shall  take  the  receipt  of  the  holder  of  the  claim  thereon,  which 
claim,  with  the  said  receipt,  shall  be  filed  in  his  office. 

§  6.  When  the  claim  is  in  the  form  of  a  payroll,  such  payroll 
shall  be  made  out  upon  the  form  furnished  by  the  Comptroller 
and  shall  be  certified  by  the  chief  of  department  or  by  the  Presi- 
dent of  the  board  under  whose  authority  the  expenses  are 
created,  except  that  the  payroll  of  the  city  officers  and  other 
employes  shall  be  made  out  by  the  Comptroller  and  certified  by 


210  CLERKS  OF  BOARDS  OF  GENERAL  COUNCIL. 

the  Mayor  to  the  Auditor  for  registration  and  approval,  and 
when  registered  and  approved  by  the  Auditor  the  same  shall  be 
transmitted  by  said  Auditor  to  the  Comptroller  for  registra- 
tion and  all  the  conditions  and  regulations  of  other  claims  as 
hereinbefore  provided  shall  be  observed. 

Thereafter  the  Auditor  shall  draw  his  warrant  in  favor  of 
each  person  whose  name  appears  upon  said  payroll,  and  upon 
the  delivery  of  said  warrant  said  payroll  shall  be  signed  by  such 
person. 

§  7.  No  warrant  shall  be  issued  by  the  Auditor,  or  money 
paid  by  the  Treasurer,  except  in  conformity  with  the  provisions 
of  this  ordinance  and  approval  of  the  claim  by  the  General 
Council;  provided,  however,  that  it  shall  not  be  necessary  for 
the  General  Council  to  approve  the  payment  of  salaries  and 
wages  of  officers  and  employes  of  the  city. 

§  8.  Salaries  and  wages  of  officers  and  employes  of  the  city 
of  Louisville  may  be  paid  in  weekly  installments,  after  such 
salaries  and  wages  have  been  earned,  unless  any  officer  or 
employe  shall  notify  the  Comptroller  in  writing  that  he  prefers 
his  salary  or  wages  in  monthly  installments,  in  which  event  it 
will  be  paid  monthly. 

§  9.  An  ordinance  approved  September  10,  1909,  entitled 
"An  ordinance  prescribing  the  manner  in  which  claims  against 
the  city  of  Louisville  shall  be  made,"  is  hereby  repealed. 

§  10.  This  ordinance  shall  take  effect  from  and  after  its 
passage.  (Approved  December  27,  1917.)  See  also  Warrants 
claims.) 


CLERKS,  BOARDS  OF  THE  GENERAL  COUNCIL. 

Duties  and  Salary. 

AN  ORDINANCE  concerning  the  clerks  of  the  boards  of    the 

General  Council. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.     That  each  board  of  the  General  Council  shall    elect,  at 

the  time  of  its  first  organization  after  its  election,  a  competent 

clerk  for  the  term  for  which  said  board  is  elected,  whose  duty 


*See  Sec.  2770  Ky.  St. 


COAL  YARD MUNICIPAL.  211 

it  shall  be  to  keep  a  correct  journal  of  the  proceedings  of  the 
board  in  which  he  is  elected,  perform  the  duties  of  clerk  at  the 
meetings  of  said  board,  and  keep  in  his  possession,  subject  to 
the  orders  of  the  General  Council,  all  papers  and  property 
belonging  to  said  board. 

§  2.  That  the  clerks  so  chosen  shall  be  and  are  hereby  made 
eci'-officio  clerks  to  thQ  Comptroller,  and  in  such  capacity  shall 
be  the  custodian  of  all  such  records  as  the  Comptroller  may 
designate,  and  shall,  under  the  direction  of  the  Comptroller,  pre- 
pare all  distraint  and  garnishment  warrants  provided  for  in 
sections  215  and  218  of  "An  act  for  the  government  of  cities  of 
the  first  class,"  approved  July  1,  1893,  and  the  amendments 
thereto. 

§  3.  That  the  clerks  of  said  boards  shall,  each,  receive  a 
salary  of  two  thousand  ($2,000)  dollars  per  annum,  to  be  paid 
monthly  in  the  same  manner  that  the  salaries  of  other  city 
ofl^cers  are  paid. 

§  4.  This  ordinance  shall  take  effect  from  and  after  the 
expiration  of  the  terms  of  office  of  the  present  incumbents.  (.4^- 
pyored  AprU  21,  1899.) 


COAL  YARD. 
Municipal. 


AN  ORDINANCE  authorizing  the  purchase  of  a  tract  of  land 
on  Logan  street  from    the  Louisville  &  Nashville    Railroad 
Company. 
Whereas,  it  is  desired    that    the    tract   of    land    hereinafter 

described  is  necessary  for  a  municipal  railroad  switch  and  coal 

yard,  now,  therefore. 

Be  it  ordained  by  the  General  Council  of  tlie  city  of  Louisville: 
§  1.     That  the  Mayor  of  the  city  of  Louisville  is  authorized  to 

purchase  at  the  price  of  seven  thousand   ($7,000.00)    dollars  a 

tract  of  land  located  on  the  east   side  of  Logan  street,  south  of 

Breckinridge  street,  in  the  city  of  Louisville,  Ky.,  bounded  as 

follows : 

Beginning  on  the  east  side  of  Logan  street  at  the  southwest 

corner  of  a  tract  of   land    belonging  to  the    city    of   Louisville, 


212  COMFORT  STATION  DEPARTMENT. 

thence  southwardly  along  the  east  side  of  Logan  street  two  hun- 
dred and  thirty-one  (231)  feet,  and  extending  back  eastwardly 
between  parallel  lines,  the  northern  line  binding  on  the  south 
side  of  the  lot  belonging  to  the  city  of  Louisville  to  the  right  of 
way  of  the  Louisville  &  Nashville  Railroad  Company,  the  north- 
ern line  being  two  hundred  and  five  (205)  feet  in  length  and  the 
southern  line  being  one  hundred  and  fifty-three  (153)  feet  in 
length. 

The  title  to  said  property  shall  be  such  as  is  approved  by  the 
Mayor. 

§  2.     This    ordinance   shall    take    effect   from    and    after    its 
passage.     {Approved  September  11,  1918.) 


COMFORT  STATION  DEPARTMENT. 

Employes — Salaries. 

AN  ORDINANCE  concerning  the  Comfort  Stations  Depart- 
ment, placing  the  same  under  the  Board  of  Public  Works, 
and  fixing  the  number,  salaries  and  compensation  of  the 
officers  and  employes  in  said  department. 

Be  it  ordained  by  the  Ge^ieral  Council  of  the  city  of  Louisville: 

§  1,  There  is  hereby  created  and  placed  under  the  Board  of 
Public  Works  the  Comfort  Stations  Department. 

§  2.  There  may  be  the  number  of  officers  and  employes  pre- 
scribed in  this  ordinance,  and  no  more,  in  said  department,  and 
their  salaries  and  compensations  shall  not  be  greater  than  the 
maximum  rates  as  fixed  in  this  ordinance,  but  may,  by  agree- 
ment between  the  Board  of  Public  Works  and  said  employes,  be 
fixed  at  any  rate  less  than  the  maximum  rate  as  fixed  in  this 
ordinance,  and  the  payrolls  for  said  department  shall  be  made 
up,  certified  and  registered  each  week  in  accordance  with  the  pro- 
visions of  an  ordinance  entitled,  "An  ordinance  prescribing  the 
manner  in  which  claims  against  the  city  of  Louisville,  including 
salaries  and  wages  of  its  officers  and  employes,  shall  be  made  and 
paid,"  and  approved  September  4,  1918. 


COMPTROLLER.  213' 


§  3.  Officers  and  employes  and  their  salaries  and  compensa- 
tion: 

Two  Superintendents  of  Comfort  Station $75.00  per  month 

Two  Asst.  Superintendents  of  Comfort  Station  40.00  per  month 

§  4.  The  Board  of  Public  Works,  in  case  of  an  emergency  and 
with  the  approval  of  the  Mayor,  shall  have  the  power  to  employ 
additional  help  in  said  department  herein  mentioned,  the  salaries 
of  the  same  to  be  fixed  by  the  Board  of  Public  Works,  and  the 
names  of  such  employes  shall  appear  on  the  regular  payroll  as 
"Special  Em.ployes,"  said  special  employes  may  be  dismissed  at 
any  time  by  the  Board  of  Public  Works. 

§  5.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage.     (Approved  November  7,  1919.) 


(1)   COMPTROLLER.* 

Clerk. 

AN  ORDINANCE  providing  for  a  clerk  for  the  City  Comptroller. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  City  Comptroller,  with  the  approval  of  the 
Mayor,  shall  have  the  power  to  appoint  a  clerk  for  his  office,  who 
shall  perform  such  duties  as  may  be  directed  by  the  City  Comp- 
troller or  by  ordinance. 

§  2.  That  the  said  clerk  shall  receive  a  salary  of  two  thou- 
sand dollars  per  annum,  payable  monthly. 

§  3.     That  this  ordinance  shall  take  effect  from  its  passage. 

§  4.  The  ordinance  providing  for  a  clerk  for  the  City  Comp- 
troller, which  was  approved  December  30,  1901,  is  hereby  re- 
pealed. (Approved  April  17,  1905.)  (See  also  Claims;  War- 
rants.) 


*See  Sees.  2897-2900  Ky.  St.;   National    Surety  Co.  v.  City  of  Louisville, 
165    Ky.    38. 


-214  CONVICT-MADE  GOODS. 


(2)   COMPTROLLER. 

Additional  Clerk. 

AN  ORDINANCE  providing  for  an  additional  clerk  for  the  City 

Comptroller. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  City  Comptroller,  with  the  approval  of  the 
Mayor,  shall  have  the  power  to  appoint  an  additional  clerk  for 
his  office,  who  shall  perform  such  duties  as  may  be  directed  by 
the  City  Comptroller  or  by  ordinance. 

§  2.  That  said  clerk  shall  receive  a  salary  of  twelve  hundred 
($1,200)    dollars  per  annum,  payable  monthly. 

§  3.  That  an  ordinance  entitled  "An  ordinance  providing  for 
an  additional  clerk  for  the  City  Comptroller"  and  approved  April 
29,  1907,  be  and  the  same  is  hereby  repealed. 

§  4.  That  this  ordinance  shall  take  effect  from  its  passage. 
(Approved  September  30,  1918.) 


CONVICT-MADE  GOODS. 

To  be  so  Labeled  or  Marked. 

AN  ORDINANCE  concerning  convict  made   goods,  wares,  and 

merchandise. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  All  goods,  wares  and  merchandise  made  by  convict  labor 
in  any  penitentiary,  prison,  reformatory,  or  other  establishment 
in  or  out  of  the  State  of  Kentucky,  in  which  convict  labor  is 
employed,  and  imported,  brought,  introduced,  or  offered  for  sale 
in  the  city  of  Louisville,  shall,  before  being  exposed  for  sale,  be 
branded,  labeled  or  marked,  as  hereinafter  provided,  and  shall 
not  be  exposed  for  sale  in  any  place  within  the  city  of  Louisville 
without  such  brand,  label,  or  mark. 

§  2.  The  brand,  label,  or  mark  hereby  required  shall  con- 
tain, at  the  head  or  top  thereof,  the  words,  "convict  made,"  fol- 
lowed by  the  year  and  the  name  of  the  penitentiary,  prison, 
reformatory,  or  other  establishment  in  which  it  was  made,  in 
plain  English  lettering  and  the  style  and  size  known  as  great 
primer  Roman,  condensed,  capital.  The  brand  or  mark  shall,  in 
all  cases,  where  the  nature  of  the  article  will  permit,  be  placed 


day's  labor.  215 


upon  the  same  and  only  where  such  branding  or  marking  is  im- 
possible shall  it  be  placed  upon  the  box  or  other  covering  of  the 
same,  or  be  attached  to  the  article  as  a  label.  Said  brand  or 
mark  shall  be  placed  upon  the  most  conspicuous  part  of  the 
article  or  its  covering,  and  said  label,  when  used  instead  of  a 
brand  or  mark,  shall  be  attached  in  the  most  conspicuous  place. 

§  3.  It  shall  not  be  lawful  for  any  person  dealing  in  the  city 
of  Louisville  in  any  such  convict  made  goods,  wares,  or  mer- 
chandise, manufactured  in  or  out  of  the  State  of  Kentucky, 
knowingly  to  have  the  same  in  his  possession  for  the  purpose 
of  sale,  or  to  offer  the  same  for  sale,  without  the  brand,  mark,  or 
label  required  by  this  ordinance,  or  to  remove  or  to  deface  such 
brand,  mark,  or  label.  Any  person  offending  against  the  pro- 
visions of  this  ordinance  shall  be,  upon  conviction  thereof,  sen- 
tenced to  pay  a  fine  of  not  exceeding  five  hundred  dollars  ($500) 
or  to  be  imprisoned  for  a  term  not  exceeding  twelve  (12)  months, 
or  both,  in  the  discretion  of  a  jury  or  court  trying  the  case. 

This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage.     (Approved  August  27,  1897.)      (See  also  (5) 


Advertisements. ) 


(1)   DAY'S  LABOR. 

For  Rammers  and  Pavers. 

AN  ORDINANCE  fixing  length  of  a  day's  work  for  the  city  of 

Louisville  by  rammers  and  pavers. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  length  of  a  day's  work  for  the  city  of  Louis- 
ville by  rammers  and  pavers  shall  be  nine  hours,  as  follows: 
From  7  o'clock  a.  m.  to  12  o'clock  m.,  and  from  1  o'clock  p.  m. 
to  5  o'clock  p.  m. ;  and  if  any  rammer  or  paver  shall  voluntarily 
labor  for  the  city  a  longer  time  than  nine  hours  on  any  day,  he 
shall  receive  for  the  extra  time  a  proportionate  part  of  the  per 
diem  now  fixed  by  ordinance,  and  the  payrolls  for  rammers  and 
pavers  shall  be  made  up,  certified,  registered,  and  allowed 
according  to  the  provisions  of  this  ordinance. 

§  2.     That  this  ordinance  shall  take  effect  from  its  passage. 
(Approved  March  22,  1900.)      (See  also  Office  Hours.) 


216  DISEASES. 


(2)  DAY'S  LABOR. 

For  All  Laborers  for  City. 
AN  ORDINANCE  fixing  nine  hours  as  a  day  for  all  laborers 

who  work  for  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  hereafter  nine  (9)  hours  shall  constitute  a  day  for 
all  laborers  who  work  by  the  day  for  the  city  of  Louisville,  or  in 
any  of  its  departments,  and  in  making  up  the  payrolls  for  such 
laborers  the  compensation  for  day's  work  shall  be  allowed  for 
each  nine  hours  of  work  done  or  performed  by  such  laborer ;  and 
for  all  time  such  laborers  shall  work  voluntarily  over  and  above 
nine  hours  each  day  additional  compensation  shall  be  allowed  such 
laborers  proportionately  for  such  extra  time. 

§  2.  That  all  ordinances  or  parts  of  ordinances  in  conflict 
with  this  ordinance  be  and  the  same  are  hereby  repealed. 

§  3.  That  this  ordinance  shall  take  effect  from  and  after  its 
passage.     (Approved  October  6,  1900.) 


(1)  DISEASES. 

Reports  Thereof  to  Health  Officer. 

AN  ORDINANCE  concerning  reports  to  be  made  to  the  Health 

Officer  of  certain  diseases. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  every  physician  shall  report  in  writing  to  the 
Health  Officer  immediately  each  and  every  case  of  consumption, 
whooping  cough,  or  typhoid  fever  which  he  may  be  called  upon 
to  treat,  or  has  now  under  treatment,  within  the  city  of  Louis- 
ville, giving  the  full  name,  age,  color,  occupation,  and  residence 
of  each  patient,  and  if  removed  to  any  of  the  infirmaries  or  hos- 
pitals in  the  city,  the  place  where  the  patient  was  removed  from. 
The  Health  Officer  shall  preserve  said  reports  in  his  oflfice  for 
his  own  use,  and  shall  in  no  event  allow  the  information  con- 
tained therein  to  be  made  public  or  given  out  for  publication. 

§  2.  That  any  person  who  violates  any  of  the  provisions  of 
this  ordinance  shall  be  fined  not  less  than  five  ($5)  dollars  nor 
more  than  twenty   ($20)   dollars  for  each  oflPense. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.   (Approved  November  15,  1898.) 


DISEASES.  217 


(2)   DISEASES. 

Reporting  of  Communicable  and  Occupational  Diseases. 

AN  ORDINANCE  providing  for  the  prompt  reporting  by  phy- 
sicians of  communicable  and  occupational  diseases. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  It  shall  be  the  duty  of  every  physician  in  the  city  of 
Louisville  to  report  to  the  health  department  in  writing  the  full 
name,  age  and  address  of  any  person  under  his  professional  care 
who  is  afflicted  with  any  one  of  the  diseases  in  the  following  list, 
with  the  name  of  the  disease,  within  twenty-four  hours  after  the 
time  it  is  diagnosed,  and  it  shall  be  the  duty  of  the  manager  or 
managers,  superintendents  or  persons  in  charge  of  every  hos- 
pital, institution  or  dispensary  in  the  city  of  Louisville  to  make 
a  similar  report  to  the  said  health  department  within  the  same 
period,  relative  to  any  person  afflicted  with  any  one  of  the  said 
diseases,  stating  in  each  instance  the  name  of  the  disease: 

Acute  interior  poliomyelitis   (infantile  paralysis). 

Asiatic  cholera. 

Diphtheria  (croup). 

Dysentery   (amebic  and  bacillary) . 

Continued  fever  lasting  seven  days. 

Epidemic  cerebro-spinal  meningitis. 

Glanders. 

Suppurative  conjunctivitis. 

Ophthalmia  neonatorum. 

Hookworm  disease. 

Leprosy. 

Malarial  fever. 

Measles. 

German  measles. 

Mumps. 

Paratyphoid  fever. 

Pellagra. 

Pneumonia. 

Plague. 

Pulmonary  tuberculosis. 

Rabies  in  man,  dog  or  cattle. 

Scarlet  fever. 


218  DISEASES. 


Epidemic  septic  sore  throat. 

Smallpox. 

Tetanus. 

Trachoma. 

Trichinosis. 

Tuberculosis  (all  forms,  specifying  parts  affected). 

Typhoid  fever. 

Typhus  fever. 

Varicella. 

Whooping  cough. 

Yellow  fever. 

Occupational  diseases  and  injuries. 

Arsenic  poisoning. 

Brass  poisoning. 

Carbon  monoxide  poisoning. 

Lead  poisoning. 

Mercury  poisoning. 

Caisson  disease   (compressed  air  illness). 

Phosphorus  poisoning. 

Wood  alcohol  poisoning. 

Naphtha  poisoning. 

Carbon  bisulphide  poisoning. 

Nitrobenzene  poisoning. 

Any  other  disease  or  disability  contracted  as  a  result  of  the 
nature  of  the  person's  employment. 

§  2.  If  the  disease  reported  is  typhoid  fever,  scarlet  fever, 
diphtheria  or  epidemic  sore  throat,  every  such  report  shall  also 
show  whethei"  the  patient  has  been,  or  any  member  of  the  house- 
hold in  which  the  patient  resides  is,  engaged  or  employed  in 
handHng  milk,  butter,  cream  or  other  dairy  products  for  sale  or 
preliminary  to  sale. 

§  3.  Cases  of  typhus  fever,  smallpox  or  cholera  shall  be 
reported  immediately  to  the  Health  Office  by  telephone  or  mes- 
senger, and  not  later  than  twenty-four  hours  thereafter  a 
written  report  shall  be  made  to  the  Health  Officer,  giving,  in 
addition  to  the  name  of  the  disease,  the  name  of  the  patient,  age, 
residence  and  other  necessary  information. 

§  4.  Any  person  or  persons  violating  or  assisting  in  the  vio- 
lation of  any  part  or  parts  of  this  ordinance,  shall,  upon  convic- 


DISEASES.  219 


tion,  be  fined  not  less  than  ten  ($10)  dollars  or  more  than  fifty 
($50)  dollars,  and  each  day's  continuance  of  the  violation  shall 
constitute  a  separate  offense. 

§  5.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  6.  This  ordinance  shall  take  effect  upon  its  passage. 
{Approved  October  6,  1917.) 


(3)   DISEASES. 

To  Prevent  the  Spreading  Thereof  Generally. 

AN  ORDINANCE  to  prevent  the  spreading  of  infectious  and 

contagious  diseases. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  every  physician  located  or  practicing  in  the  city 
of  Louisville  who  shall  know  that  any  person  whom  he  or  she 
is  called  upon  to  visit,  or  who  comes  or  is  brought  to  him  or  her 
for  examination,  sutfering  from,  or  is  afflicted  with,  diphtheria, 
diphtheritic  croup,  scarlet  fever,  smallpox,  varioloid,  or  cerebro- 
spinal meningitis,  shall  forthwith  report  the  same  to  the  Health 
Department,  in  writing,  over  his  or  her  signature ;  state  the 
name  of  the  disease,  and  the  name,  age  and  sex  of  the  person 
suffering  therefrom,  and  shall  set  forth  by  street  and  number 
or  otherwise  sufficiently  designate  the  house  or  room  in  which 
said  person  may  be  located. 

§  2.  Upon  receipt  by  the  health  authorities  of  a  report  of 
the  existence  of  a  case  of  diphtheria,  diphtheritic  croup,  scarlet 
fever,  smallpox,  variolid,  cerebro-spinal  meningitis,  the  Health 
Officer  shall  at  once  place,  or  cause  to  be  placed,  in  a  conspicuous 
manner  upon  or  near  the  house  or  premises  in  which  said  case 
may  be  located,  a  placard  or  placards,  upon  which  shall  be 
printed  in  large  letters  the  words,  "contagious  disease  here" ; 
and  said  placard  or  placards  shall  remain  thereon  until  such 
time  as  the  rules  and  regulations  established  by  the  proper 
health  authorities  regarding  the  destruction  or  disinfection  of 
infected  bedding,  clothing,  etc.,  shall  ha:ve  been  carried  out  and 
fully  complied  with. 


220  DISEASES. 


§  3.  The  head  of  a  family  occupying  any  house  or  premises 
near  which  such  placard  or  placards  aforesaid  may  be  placed,  or 
any  other  person  whatsoever,  shall  be  liable  for  a  fine  or  pen- 
alty, provided  by  this  act,  in  case  where  such  placard  or  placards 
are  removed,  defaced,  covered  up,  taken  down,  or  destroyed  with 
his  or  her  knowledge,  act,  or  consent  before  the  time  provided 
by  section  two  (2)  of  this  ordinance. 

§  4.  It  shall  be  the  duty  of  the  undertaker,  or  other  person 
or  persons,  having  the  body  of  any  one  dying  of  above  named 
diseases  in  charge,  to  thoroughly  disinfect  and  place  every  such 
body  within  the  coffin  or  casket  in  which  it  is  to  be  buried  within 
six  (6)  hours  after  first  being  called  upon  to  take  charge  of  the 
same;  provided  such  call  is  made  between  the  hours  of  5  a.  m. 
and  11  p.  m. ;  otherwise  such  body  shall  be  so  placed  in  such  coffin 
or  casket  within  twelve  (12)  hours;  the  coffin  or  casket  then  to 
be  closed  tightly  and  not  again  opened  unless  permission  be 
granted  by  the  Health  Officer  for  special  cause  shown. 

§  5.  The  body  of  a  person  who  has  died  of  any  transmissible 
disease  shall  not  remain  unburied  for  longer  period  of  time  than 
thirty-six  (36)  hours  after  death,  unless  special  permission  be 
granted  by  the  Health  Officer  extending  the  time  within  which 
such  body  may  remain  unburied  for  special  cause  shown.  The 
head  of  the  family,  or  the  person  or  persons  having  charge  of 
the  funeral  of  such  body,  shall  be  responsible  for  any  violation 
of  the  provisions  of  this  section. 

§  6.  All  services  held  in  connection  with  the  funeral  of  the 
body  of  a  person  who  has  died  of  any  transmissible  disease  must 
be  private,  and  the  attendance  thereat  shall  include  only  the 
immediate  adult  relatives  of  the  deceased,  and  the  necessary 
number  of  adult  pall-bearers;  the  head  of  the  family  or  other 
person  or  persons  having  charge  of  said  funeral  services  shall 
be  responsible  for  any  violation  of  the  provisions  of  this  section. 

§  7.  The  body  of  a  person  who  has  died  of  any  of  the  dis- 
eases referred  to  in  section  one  (1)  of  this  ordinance,  or  of  any 
transmissible  disease,  shall  in  no  instance  be  taken  into  any 
church,  chapel,  public  hall,  or  building  for  funeral  services.  The 
head  of  the  family,  or  person  or  persons  having  charge  of  said 
funeral  services,  and  the  sexton,  janitor,  or  other  person  or  per- 
sons having  control  of  such  church,  chapel,  public  hall,  or  build- 


DISEASES.  221 


ing,  shall  be  responsible  for  any  violation  of   the  provisions  of 
this  section. 

§  8.  No  person  suffering  from  any  of  the  diseases  named  in 
section  one  (1)  of  this  ordinance,  to-wit,  diphtheria,  diphtheritic 
croup,  scarlet  fever,  smallpox,  variolid,  cerebro-spinal  menin- 
gitis, and  no  person  in  charge  of  such  person  or  patient,  and  no 
child  or  other  person  belonging  to  or  residing  with  the  family 
of  any  person  or  residing  in  the  same  house  in  which  a  person 
may  be  living,  or  may  be  located,  who  is  suffering  from  any  of 
said  diseases  shall  attend  or  be  permitted  to  attend  any  public, 
private,  parochial  or  Sunday-school,  and  all  school  principals,  or 
other  persons  in  charge  of  said  schools  are  hereby  required  to 
exclude  any  and  all  such  children  or  persons  from  said  schools, 
said  exclusion  to  continue  for  a  period  of  twenty  (20)  days  fol- 
lowing the  recovery  or  death  of  the  person  last  afflicted  in  said 
house  or  family,  and  any  such  child  and  all  such  children  or  other 
persons  as  aforesaid  before  being  permitted  to  attend  or  return 
to  school  shall  furnish  to  said  principal  or  other  person  in  charge 
of  said  school  a  certificate  signed  by  said  medical  attendant,  of 
any  such  child,  children  or  persons,  or  by  a  physician  to  be  desig- 
nated by  the  health  authorities  setting  forth  that  the  twenty 
(20)  days  mentioned  in  this  section  have  fully  expired.  Nor 
shall  any  member  of  the  household  of  those  suffering  from  any 
of  said  diseases  attend  to  his  or  her  business,  if  it  is  of  a  public 
character,  unless  the  quarantine  rules  of  the  City  Health  Depart- 
ment in  such  cases  are  complied  with.  Provided,  however,  the 
Health  Officer  may,  in  mild  or  severe  types  of  said  diseases, 
shorten  or  lengthen  such  time  of  exclusion,  as  the  case  may 
require. 

§  9.  No  person  suffering  from  any  of  the  diseases  named  in 
section  one  (1)  of  this  ordinance,  to-wit,  diphtheria,  diphtheritic 
croup,  scarlet  fever,  smallpox,  varioloid,  cerebro-spinal  menin- 
gitis, shall  permit  himself  or  herself  to  be  exposed  in  any  public 
street  or  place,  or  in  any  manner  aid  in  spreading  their  malady. 
Nor  shall  any  such  person  enter  a  public  conveyance  without 
first  notifying  the  owner,  driver  or  person  in  charge,  who  shall 
provide  for  its  disinfection  before  again  permitting  its  use. 

§  10.  No  person  who  shall  be  affected  with  smallpox,  vario- 
loid or  other  disease  mentioned  in  this  ordinance  shall  depart  or 
be  removed  from  the  house  or  building  in  which  he  or  she  shall 


222  DISEASES. 


first  become  so  sick  or  infected,  except  for  the  purpose  of  being 
removed  to  a  hospital  for  contagious  diseases,  without  the  per- 
mission of  the  Health  Officer.  Nor  shall  any  person  remove  or 
cause  to  be  removed  or  assist  in  removing  any  person  so  sick  or 
infected  from  any  house  or  building  contrary  to  this  ordinance 
or  any  provision  thereof. 

§  11.  Any  physician,  undertaker,  principal,  head  of  family, 
or  other  person  or  persons,  as  aforesaid,  who  shall  fail,  neglect, 
or  refuse  to  comply  with,  or  who  shall  violate  any  of  the  provi- 
sions or  requirements  of  this  ordinance,  or  of  the  rules  and  regu- 
lations of  the  aforesaid  health  authorities,  under  and  by  virtue 
of  the  provisions  of  this  ordinance,  shall,  for  every  offense,  upon 
conviction  thereof  before  the  City  Court,  be  fined  not  less  than 
ten  ($10)  nor  more  than  fifty  dollars  ($50)  for  each  offense. 
Each  day  he  fails,  refuses  or  neglects  the  same  to  be  a  separate 
offense. 

§  12.  That  every  person  who  shall  have  smallpox,  and  refuse, 
on  the  demand  of  the  Health  Officer,  to  be  sent  or  taken  to  the 
Eruptive  Hospital,  or  to  remain  at  said  hospital,  after  being  sent 
or  taken  thereto,  during  his  or  her  illness  from  said  disease,  or 
before  being  discharged  therefrom  by  its  superintendent,  shall, 
for  every  offense,  upon  conviction  thereof  before  the  City  Court, 
be  fined  not  less  than  twenty-five  dollars  ($25),  nor  more  than 
fifty  dollars  ($50)  for  each  offense. 

§  13.  It  shall  be  the  duty  of  all  inhabitants  of  the  city  of 
Louisville,  who  have  not  been  vaccinated,  or,  if  vaccinated  not 
successfully,  to  procure  their  own  vaccination,  or  revaccination, 
as  the  case  may  be,  within  ten  days  from  the  passage  of  this 
ordinance,  and  all  persons  who  shall  fail,  or  refuse,  to  comply 
with  this  section  of  this  ordinance  within  the  time  prescribed 
herein,  or  shall  fail,  or  refuse,  on  the  demand  of  the  Health 
Officer,  to  submit  to  vaccination  by  him,  or  by  the  physician  of 
the  Eastern,  Western,  or  Central  district,  or  some  other  rep- 
utable physician  of  the  city  of  Louisville,  shall  be  fined  in  any 
sum,  not  less  than  five  dollars  ($5)  nor  more  than  fifty  dollars 
($50)  for  each  offense. 

§  14.  No  principal  of  any  school,  and  no  principal  or  teacher 
of  any  private,  sectarian,  parochial,  or  other  school,  shall  admit 
to  any  school  any  child  or  m.inor  who  shall  not  have  been  prop- 


DISEASES.  223 


erly  vaccinated.  The  evidence  of  such  vaccination  shall  be  a  cer- 
tificate by  the  Health  Officer  or  any  practicing  physician. 

§  15.  The  Health  Officer  is  hereby  empowered  to  visit  any 
and  all  public,  private  and  parochial  schools  in  the  city,  and  to 
make  or  cause  to  be  made  any  examination  of  the  children  and 
minors  in  attendance  therein  as  often  as  he  may  deem  necessary 
to  secure  compliance  with  the  provisions  of  this  ordinance. 

§  16.  Any  person  violating  the  laws  of  vaccination  shall  for 
ever}'  offense  upon  conviction  thereof  before  the  City  Court  be 
fined  not  less  than  ($5),  nor  more  than  fifty  ($50)  dollars,  and 
shall  also  be  liable  to  a  like  fine  for  every  ten  (10)  days  there- 
after they  shall  delay  having  the  operation  of  vaccination  per- 
formed. 

§  17.  The  Physicians  of  the  Eastern,  Western  and  Central 
districts  shall  render  medical  treatment  to  the  indigent  residents 
and  shall  vaccinate  all  residents  of  said  city,  who  shall  desire  it, 
free  of  charge,  and  make  monthly  reports  to  the  Health  Officer. 

§  18.  An  ordinance  approved  February  6,  1899,  and  entitled 
"An  ordinance  to  prevent  the  spreading  of 'infectious  and  con- 
tagious diseases,"  is  hereby  repealed.  And  any  or  all  acts  or 
ordinances  in  conflict  herewith  are  also  hereby  repealed. 

§  19.  This  ordinance  shall  take  eff'ect  from  and  after  its  pub- 
lication. {Approved  April  29,  1912.)  (See  also  Burial  of  the 
Dead;  Embalming;  Milk;  Nuisances;  Saniiation;  (2)  Second 
Hand  Dealers;  Spitting.) 


(4)   DISEASES. 

To  Pievent  the  Spread  Thereof  in  Public  Places. 

AN  ORDINANCE  to  prevent  the  spread  of  communicable  dis- 
eases in  public  places. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  No  parent,  guardian  or  other  person  having  control  of 
any  child  or  children  shall  allow  or  permit  any  such  child  or  chil- 
dren to  go  from  any  house  or  building  infected  with  diphtheria, 
membranous  croup,  scarlet  fever,  or  any  other  communicable 
disease  dangerous  to  the  public    health,  to  attend  any    church. 


224  DISEASES. 


public  meeting,  or  place  of  amusement,  or  to  travel  or  appear 
on  any  public  street  or  highway,  or  on  any  vessel  or  steamer, 
without  first  securing  a  permit  from  the  Department  of  Health 
of  the  city  of  Louisville  and  without  compelling  such  child  or 
children  to  make  a  complete  change  of  clothing. 

§  2.  It  shall  be  unlawful  for  any  member  of  a  family  or 
household  in  which  there  is  a  case  of  diphtheria,  membranous 
croup,  scarlet  fever,  or  any  other  communicable  disease  danger- 
ous to  the  public  health,  and  who  has  been  exposed  thereto,  to 
attend  any  church,  public  meeting  or  place  of  amusement,  or  to 
travel  or  appear  on  any  public  street  or  highway,  or  on  any  ves- 
sel or  steamer,  without  first  making  a  complete  change  of 
clothing  and  procuring  a  permit  from  the  Health  Department  of 
the  city  of  Louisville. 

§  3.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  liable  upon  conviction  to  a  fine  of  not  less  than  five  ($5) 
dollars  nor  more  than  twenty  ($20)  dollars  for  each  offense. 

§  4.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  March  7,  1914.) 


(5)  DISEASES. 

Venereal,  to  Prevent  Spread  Thereof. 

AN  ORDINANCE  to  prevent  the  spread  of  venereal  diseases. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

Venereal  Diseases  Declared  Dangerous  to  the  Public  Health — 
Syphilis,  gonorrhea,  and  chancroid,  hereinafter  designated 
venereal  diseases,  are  hereby  declared  to  be  contagious,  infec- 
tious, communicable,  and  dangerous  to  the  public  health. 

§  1.  Venereal  Diseases  to  be  Reported. 
Any  physician  or  other  person  who  makes  a  diagnosis  in,  or 
treats,  a  case  of  syphilis,  gonorrhea,  or  chancroid,  and  every 
superintendent  or  manager  of  a  hospital,  dispensary,  or  chari- 
table or  penal  institution,  in  which  there  is  a  case  of  venereal 
disease,  shall  report  such  case  immediately  in  writing  to  the 
Health  Officer  of  the  city  of   Louisville,  stating   the   name  and 


DISEASES.  225 


address  or  the  office  number,  age,  sex.  color,  and  occupation  of 
the  diseased  person,  and  the  date  of  onset  of  the  disease  and  the 
probable  source  of  the  infection,  provided,  that  the  name  and 
address  of  the  diseased  person  need  not  be  stated  except  as  here- 
inafter specifically  required.  The  report  shall  be  inclosed  in  a 
sealed  envelope  and  sent  to  the  Health  Officer  of  the  city  of 
Louisville,  who  shall  report  at  least  once  in  every  three  months 
on  the  prescribed  form  to  the  State  Board  of  Health,  all  cases 
reported  to  him. 

§  2.     Patients  to  be  Given  Information. 

It  shall  be  the  duty  of  every  physician  and  of  every  other  per- 
son who  examines  or  treats  a  person  having-  syphilis,  gonorrhea, 
or  chancroid,  to  instruct  him  in  a  measure  for  preventing  the 
spread  of  such  disease,  and  inform  him  of  the  necessity  for 
treatment  until  cured. 

§  3.     Investigation  of  Cases. 

The  city  Health  Officer  shall  use  every  available  means  to 
ascertain  the  existence  of,  and  to  investigate  all  cases  of  syphilis, 
gonorrhea,  and  chancroid  within  the  city  of  Louisville,  and  to 
ascertain  the  source  of  such  infections.  The  health  officer  is 
hereby  empowered  and  directed  to  make  such  examinations  of 
persons  reasonably  suspected  of  having  syphilis,  gonorrhea,  or 
chancroid,  as  may  be  necessary  for  carrying  out  these  regula- 
tions. Owing  to  the  prevalence  of  such  diseases  among  prosti- 
tutes and  persons  associated  with  them,  all  such  persons  are  to 
be  considered  within  the  above  class. 

§  4.     Protection  of    Others  From    Infection  by  Venereally  Dis- 
eased Persons. 

Upon  receipt  of  a  report  of  a  case  of  venereal  disease  it  shall 
be  the  duty  of  the  Health  Officer  to  institute  measures  for  the 
protection  of  other  persons  from  infection  by  such  venereally 
diseased  person. 

(a)  The  Health  Officer  is  authorized  and  directed  to  quaran- 
tine persons  who  have,  or  are  reasonably  suspected  of  having 
syphilis,  gonorrhea,  or  chancroid,  whenever,  in  the  opinion  of 
said  Health  Officer,  or  the  State  Board  of  Health,  or  its  secre- 


226  DISEASES. 


tary,  quarantine  is  necessary  for  the  protection  of  the  public 
health.  In  establishing  quarantine  the  Health  Officer  shall  desig- 
nate and  define  the  limits  of  the  area  in  which  the  person 
known  to  have,  or  reasonably  suspected  of  having  syphilis, 
gonorrhea  or  chancroid,  and  his  immediate  attendant  are  to  be 
quarantined,  and  no  person  other  than  the  attending  physicians 
shall  enter  or  leave  the  area  of  quarantine  without  the  permis- 
sion of  the  Health  Officer. 

Every  breach  of  such  quarantine  and  every  refusal  to  abide 
by  it  shall  be  considered  a  violation  of  this  ordinance  and  each 
hour  such  breach  or  refusal  continues  shall  be  considered  a  sep- 
arate violation. 

No  one  but  the  Health  Officer  shall  terminate  said  quarantine, 
and  this  shall  not  be  done  until  the  diseased  person  has  become 
noninfectious,  as  determined  by  the  local  Health  Officer  or  his 
authorized  deputy  through  the  clinical  examination  and  all 
necessary  laboratory  tests,  or  until  permission  has  been  given 
him  so  to  do  by  the  State  Board  of  Health  or  its  secretary. 

(b)  The  local  Health  Officer  shall  inform  all  persons  who 
are  about  to  be  released  from  quarantine  for  venereal  disease, 
in  case  they  are  not  cured,  what  further  treatment  should  be 
taken  to  complete  their  cure.  Any  person  not  cured  before 
release  from  quarantine  shall  be  required  to  sign  the  following 
statement  after  the  blank  spaces  have  been  filled  to  the  satisfac- 
tion of  the  Health  Officer : 

"I residing  at .  .  .,  hereby  acknowledge, 

the  fact  that  I  am  at  this  time  infected  with." and 

agree  to  place  myself  under  the  medical  care  of 

within hours,  and  that  I  will  remain  under  the  treatment 

of  said  physician  or  clinic  until  released  by  the  Health  Officer 
of  the  city  of  Louisville  or  until  my  case  is  transferred  with  the 
approval  of  said  Health  Officer  to  another  regularly  licensed 
physician  or  an  approved  clinic. 

I  hereby  agree  to  report  to  the  Health  Officer  within  four  days 
after  beginning  treatment  as  above  agreed,  and  will  bring  with 
me  a  statement  from  the  above  physician  or  clinic  of  the  medical 
treatment  applied  in  my  case,  and  thereafter  will  report  as  often 
as  may  be  demanded  of  me  by  the  Health  Officer. 

I  further  agree  that  I  will  take  all  precautions  recommended 
by  the  Health  Officer  to  prevent  the  spread  of  the  above  disease 


DISEASES.  227 


to  other  persons,  and    that  I  will    not    perform  any  act  which 
would  expose  other  persons  to  the  above  disease. 

I  agree  until  finally  released  by  the  Health  Officer,  to  notify 
him  of  any  change  of  address  and  to  obtain  his  consent  before 
moving  my  abode  outside  his  jurisdiction. 


(Signature) 


(Date) 

All  persons  signing  the  above    agreement    shall    observe  its 

provisions,  and  any  failure  so  to  do  shall  be  a  violation  of  this 

ordinance.     All  such  agreements  shall  be  filed  with  the  Health 

Officer  and  kept  inaccessible  to  the  public  as  provided  in  Rule  10. 

§  5.     Conditions  Under  Which  the  Name  of  a  Patient  is  Required 

to  be  Reported. 

(a)  When  a  person  applies  to  a  physician  or  other  person 
for  the  diagnosis  or  treatment  of  syphilis,  gonorrhea,  or 
chancroid,  it  shall  be  the  duty  of  the  physician  or  person  so  con- 
sulted to  inquire  of  and  ascertain  from  the  person  seeking  such 
diagnosis  or  treatment  whether  such  person  has  theretofore 
consulted  with  or  has  been  treated  by  any  other  physician  or 
person  last  consulted.  It  shall  be  the  duty  of  the  applicant  for 
diagnosis  or  treatment  to  furnish  this  information,  and  a  refusal 
to  do  so  or  a  falsification  of  the  name  and  address  of  such  phy- 
sician or  person  consulted  by  such  applicant  shall  be  deemed  a 
violation  of  this  ordinance.  It  shall  be  the  duty  of  the  physician 
or  other  person  whom  the  applicant  consults  to  notify  the  phy- 
sician or  other  person  last  consulted  of  the  change  of  advisors. 
Should  the  physician  or  person  previously  consulted  fail  to 
receive  such  notice  within  ten  days  after  the  last  date  upon 
which  the  patient  was  instructed  by  him  to  appear,  it  shall  be 
the  duty  of  such  physician  or  person  to  report  to  the  local 
Health  Officer  the  name  and  address  of  such  venereally  diseased 
person. 

(b)  If  an  attending  physician  or  other  person  knows  or  has 
good  reason  to  suspect  that  a  person  having  syphilis,  gonorrhea, 
or  chancroid  is  so  conducting  himself  or  herself  as  to  expose 
other  persons  to  infection,  or  is  about  so  to  conduct  himself  or 


228  DISEASES. 


herself,  he  shall    notify    the    Health  Officer  of    the    name    and 
address  of  the  diseased  person  and  the  essential  facts  in  the  case. 

§  6.  Druggist  Forbidden  to  Prescribe  for  Venereal  Diseases. 
No  druggist  or  other  person  not  a  physician  licensed  under  the 
laws  of  the  State  shall  prescribe  or  recommend  to  any  person 
any  drugs,  medicines,  or  other  substances  to  be  used  for  the  cure 
or  alleviation  of  gonorrhea,  syphilis,  or  chancroid,  or  shall  com- 
pound any  drugs  or  medicines  for  said  purpose  from  any  written 
formula  or  order  not  written  for  the  person  for  whom  the  drugs 
or  medicines  are  compounded  and  not  signed  by  a  physician 
licensed  under  the  laws  of  the  State. 

§  7.     Spread  of  Venereal  Disease  Unlawful. 

It  shall  be  a  violation  of  this  ordinance  for  any  infected  per- 
son knowingly  to  expose  another  person  to  infection  with  any 
of  the  said  venereal  diseases  or  for  any  person  to  perform  an 
act  which  exposes  another  person  to  infection  with  venereal  dis- 
eases. 

§  8.     Prostitution  to  Be  Repressed. 

Prostitution  is  hereby  declared  to  be  a  prolific  source  of 
syphilis,  gonorrhea,  and  chancroid,  and  the  repression  of  prosti- 
tution is  declared  to  be  a  public  health  measure.  The  Health 
Officer  is  therefore  directed  to  co-operate  with  the  proper  offi- 
cials whose  duty  it  is  to  enforce  laws  directed  against  prostitu- 
tion and  otherwise  to  use  every  proper  means  for  the  repression 
of  prostitution. 

§  9.     Giving  Certificates  of    Freedom  From  Venereal  Diseases 

Prohibited. 
Physicians,  health  officers,  and  all  other  persons  are  prohibited 
from  issuing  certificates  of  freedom  from  venereal  disease,  pro- 
vided this  rule  shall  not  prevent  the  issuance  of  necessary  state- 
ments of  freedom  from  infectious  diseases  written  in  such  form 
or  given  under  such  safeguards  that  their  use  in  solicitation  for 
sexual  intercourse  would  be  possible. 

§  10.     Records  to  Be  Secret. 
All  information  and  reports  concerning  persons  infected  with 
venereal  diseases  shall  be  inaccessible  to  the  public  except  in  so 
far  as  publicity    may    attend    the    performance  of    the    duties 
imposed  by  these  regulations  and  by  the  laws  of  the  State. 


DISEASES.  229 


§  11.  The  duties  and  authority  herein  imposed  on  and  given 
the  Health  Officer  may  be  performed  and  exercised  by  any  of 
his  assistants. 

§  12.  Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance shall  be  fined  not  less  than  five  ($5.00)  dollars  nor  more 
than  fifty  ($50.00)  dollars. 

§  13.  This  ordinance  shall  take  effect  from  and  after  its 
passage.     {Ayproved  July  3,  1918.) 


(6)  DISEASES. 

Typhoid  Fever  Bacteriological  Examination. 

AN  ORDINANCE  requiring  the  bacteriological  examination  of 

feces  and  urine  of  recovered  typhoid  fever  patients. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  Every  physician  attending  a  case  of  typhoid  fever  shall 
at  least  ten  days  after  the  patient's  temperature  becomes  normal 
submit  specimens  of  the  patient's  urine  and  feces  to  the  Health 
Department  for  bacteriological  examination. 

§  2.  If,  in  any  case,  typhoid  bacilli  are  found  to  be  present 
in  such  urine  or  feces  the  convalescent  from  whom  the  speci- 
mens were  obtained  shall  not  resume  his  or  her  occupation  with- 
out the  permission  of  the  Health  Department. 

§  3,  Any  person  violating  or  assisting  in  the  violation  of  any 
part  or  parts  of  this  ordinance,  shall,  upon  conviction,  be  fined 
not  less  than  five  ($5)  or  more  than  fifty  ($50)  dollars,^  and 
each  day's  continuance  of  the  violation  shall  constitute  a  sep- 
arate offense. 

§  4.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  5.     This    ordinance    shall    take    effect    upon    its    passage. 
{Approved  October  6,  1917.) 


230  DISORDERLY  CONDUCT. 

DISORDERLY  CONDUCT. 

AN  ORDINANCE  concerning  disorderly  conduct  in  the  city  of 
Louisville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  Whoever  shall  be  found  guilty  of  disorderly  conduct  in 
the  city  of  Louisville  shall  be  fined  not  less  than  five  dollars  ($5) 
nor  more  than  fifty  dollars  ($50),  or  imprisoned  in  the  city 
workhouse  not  exceeding  thirty  (30)  days,  or  both  so  fined  and 
imprisoned  in  the  discretion  of  the  judge  or  jury  trying  the  case; 
and  when  imprisonment  is  prescribed  by  the  judge  or  jury  try- 
ing the  case  it  shall  be  in  the  discretion  of  the  judge  or  jury  to 
direct  whether  or  not  the  imprisonment  shall  be  with  hard  labor. 

§  2.  That  in  addition  to  imposing  a  fine,  the  Police  Court 
may  hold  the  offender  to  bail  in  a  sum  not  exceeding  one  thou- 
sand ($1,000)  dollars  to  keep  the  peace,  or  be  of  good  behavior 
for  any  length  of  time  not  exceeding  one  year. 

§  3.  Should  the  offender  fail  to  give  bond  or  fail  to  pay  the 
fine,  he  shall  be  forthwith  committed  to  the  city  workhouse,  and 
shall  be  kept  in  custody  until  bail  be  given,  or  until  the  time 
fixed  by  the  judgment  shall  have  expired  and  the  fine  be  paid  or 
satisfied  by  labor  as  provided  by  law. 

§  4.     All  ordinances  in  conflict  herewith  are  hereby  repealed. 
§  5.     This    ordinance    shall    take    effect    from    its    passage. 
(Approved  September  10,  1898.)      (See  also  Drunkenness.) 


(1)  DOGS. 

Pound  keepers  and  Salaries. 
Board  of  Public  Safety,  Pound  Keepers. 

AN  ORDINANCE  concerning  the  Pound  Keepers  of  the  city  of 
Louisville,  Kentucky,  placing  the  same  under  the  Board  of 
Public  Safety,  and  fixing  the  number,  salaries  and  compen- 
sation of  the  officers  and  employes  therein. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.     That  the  Pound  Keepers    within    and    for   the    city  of 

Louisville,  Kentucky,  be  and  the    same  is  hereby    created  and 

placed  under  the  Board  of  Public  Safety,  as  authorized  by  law. 


DOGS. 231 

§  2.  There  may  be  in  said  department,  to  be  appointed  by  the 
Board  of  Public  Safety,  the  number  of  officers  and  employes 
prescribed  in  this  ordinance  and  no  more ;  and  their  salaries  and 
compensation,  to  be  approved  by  the  Board  of  Public  Safety,  to 
be  no  more  than  the  sums  fixed  by  this  ordinance,  and  the  pay- 
rolls for  said  departments  shall  be  made  up,  certified  and  regis- 
tered and  said  salaries  and  compensations  shall  be  payable  in 
accordance  with  the  provisions  of  this  ordinance  and  other  ordi- 
nances covering  the  subject  of  payrolls,  claims  and  salaries  and 
not  otherwise,  to-wit: 

POUND  KEEPERS'  DEPARTMENT. 

1  pound  keeper  for  Eastern  district  and  1  pound  keeper 
for  Western  district  at  $50.00  per  month,  each  being 
at  the  rate  of  $600  per  annum $1,200.00 


2  employes $1,200.00 

§  3.  The  Board  of  Public  Safety,  in  case  of  emergency  and 
with  the  approval  of  the  Mayor,  shall  have  the  power  to  employ 
additional  help  in  the  Pound  Keepers'  Department,  the  salaries 
and  compensation  of  same  to  be  fixed  by  the  Board  of  Public 
Safety,  and  the  names  of  such  employes  shall  appear  on  the 
regular  payroll  as  "Special  Employes,"  and  said  special  employes 
may  be  dismissed  at  any  time  by  the  Board  of  Public  Safety. 

§  4.  The  ordinance  approved  November  11,  1913,  and  entitled 
"An  ordinance  concerning  the  departments  under  the  Board  of 
Public  Safety  and  fixing  the  number,  salaries  and  compensations 
of  the  officers  and  employes  therein,"  and  all  ordinances  and 
parts  of  ordinances  in  conflict  therewith  are  hereby  repealed. 

§  5.  This  ordinance  shall  take  etfect  and  be  in  force  from  and 
after  its  passage,     (Approved  March  16,  1918.) 


232 DOGS. _^_^ 

(2)  DOGS. 

Harboring  Vicious  Dogs. 

AN  ORDINANCE  prohibiting  the  harboring  of  vicious  dogs  in 

the  city. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
If  any  person  shall,  within  the  limits  of  said  city,  harbor  or 
keep  any  animal  of  the  dog  kind  that  shall  bite  or  fiercely  attack 
any  person  whatever,  such  animal  at  the  time  of  said  biting  or 
attack  not  being  within  the  owner's  enclosure,  such  person  so 
harboring  or  keeping  said  animal  shall,  on  conviction  thereof 
before  the  City  Court,  be  fined  in  any  sum  not  exceeding  one 
hundred  ($100)  dollars;  and,  if  any  person  so  convicted  shall 
continue  to  harbor  or  keep  said  animal  within  the  limits  of  said 
city,  and  said  animal  shall  again  bite  or  fiercely  attack  any  per- 
son in  the  manner  aforesaid,  the  person  so  harboring  or  keeping 
said  animal  shall,  on  conviction  thereof,  be  fined  a  like  sum,  and 
on  any  like  conviction  shall,  from  time  to  time,  be  fined  in  like 
manner,  provided  that  this  action  shall  not  extend  to  a  case 
where  the  person  shall  break  or  enter  without  permission  into 
any  enclosure,  and  shall  be  pursued  therefrom  by  any  such  ani- 
mal. If  the  owner  shall  suffer  or  permit  on  his  lot  or  premises 
the  loud  and  frequent  or  continued  barking,  howling,  or  yelping 
of  any  animal  of  the  dog  kind,  so  as  to  annoy  and  disturb  any 
neighbors,  such  owner  shall,  on  conviction,  be  fined  in  any  sum 
not  exceeding  ten  ($10)  dollars.    (Approved  January  29,  1859.) 


(3)  DOGS. 

Muzzling  and  Impounding. 

AN  ORDINANCE  requiring    the  muzzling  and  impounding  of 

dogs  in  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  it  shall  be  unlawful  for  any  dog  to  run  at  large 
upon  the  streets  and  public  ways  of  the  city  of  Louisville  with- 
out having  attached  to  the  neck  of  said  dog  a  license  tag  issued 
by  the  Sinking  Fund  Commissioners  of  the  city  of  Louisville, 
showing  that  the  license  has  been  paid  on  said  dog. 


DOGS. 233 

§  2.  That  it  shall  be  unlawful  for  any  owner  or  person  in 
charge  of  a  dog  in  the  city  of  Louisville  to  permit  such  dog  to  be 
led  or  to  run  at  large,  or  be  or  remain  away  from  the  premises 
of  such  owner  or  person  in  charge  thereof,  without  first  having 
securely  muzzled  such  dog  during  the  months  of  June,  July, 
August  and  September  of  each  year. 

§  3.  That  it  shall  be  the  duty  of  every  police  officer  of  the 
city  of  Louisville  to  take  and  impound,  or  cause  to  be  impounded, 
every  dog  running  at  large  in  violation  of  sections  1  and  2  of 
this  ordinance. 

§  4.  Any  person  over  21  years  of  age  other  than  a  police 
oflficer  may  take  and  impound  at  one  of  the  City  Pounds  any 
such  dog  running  at  large  in  violation  of  sections  1  and  2  of  this 
ordinance,  and  the  Pound  Keeper  shall  give  to  such  person  a 
receipt  for  every  dog  received  from  such  person,  and  upon 
presentation  of  such  receipt  to  the  Secretary  and  Treasurer  of 
the  Sinking  Fund,  such  person  shall  be  entitled  to  receive  from 
such  Secretary  and  Treasurer  of  the  Sinking  Fund  the  sum  of 
twenty-five  cents. 

§  5.  It  shall  be  the  duty  of  the  Pound  Keeper  to  make  a 
report  every  day  to  the  Secretary  and  Treasurer  of  the  Sinking 
Fund,  giving  a  description  of  the  dogs  taken  up,  and  if  a  dog 
is  a  licensed  dog,  giving  the  number  of  said  tag,  and  said  list 
shall  be  posted  in  the  office  of  the  Commissioners  of  the  Sinking 
Fund. 

§  6.  Any  owner  wishing  to  redeem  any  unlicensed  dog  shall 
pay  to  the  Secretary  and  Treasurer  of  the  Sinking  Fund  the 
amount  of  the  license  for  said  dog  and  a  redemption  fee  of  fifty 
cents.  Upon  presentation  to  such  Pound  Keeper  of  the  said 
receipt  of  said  Secretary  and  Treasurer  of  the  Sinking  Fund  for 
the  above  amount,  said  dog  shall  be  released  by  such  Pound 
Keeper  after  the  owner  or  person  redeeming  has  first  caused 
said  dog  to  be  securely  muzzled, 

§  7.  The  owner  wishing  to  redeem  any  licensed  dog  shall  pay 
to  the  Secretary  and  Treasurer  of  the  Sinking  Fund  a  redemp- 
tion fee  of  fifty  cents,  and  upon  the  presentation  to  the  Pound 
Keeper  of  the  receipt  of  said  Secretary  and  Treasurer  of  the 
Sinking  Fund  said  dog  shall  be  released,  provided  the  said  dog 
is  securely  muzzled  by  the  owner  or  person  redeeming  before 
said  dog  is  removed  from  the  pound. 


234 DOGS. 

§  8.  If  at  the  end  of  three  days  from  the  time  of  impound- 
ing, any  dog  remains  unredeemed  the  keeper  of  the  pound  shall 
certify  the  same  to  the  judge  of  the  City  Court  of  Louisville, 
who  shall  fix  a  day  for  the  hearing  of  the  matter,  of  which  time 
the  owner  of  said  dog,  if  he  be  known,  shall  have  three  days' 
notice.  If  upon  the  trial  of  such  matter  it  shall  be  adjudged  that 
said  dog  was  at  large  in  the  city  of  Louisville  contrary  to  law, 
and  that  said  dog  has  remained  unredeemed  for  three  days,  an 
order  shall  be  entered  in  said  court  directing  said  Pound  Keeper 
to  sell  said  dog  at  public  outcry  at  the  pound  to  the  highest  and 
best  bidder,  advertising  the  time,  terms  and  place  of  sale  for 
three  days  by  three  posters,  one  at  the  pound,  one  at  the  office  of 
the  Secretary  and  Treasurer  of  the  Sinking  Fund,  and  one  at 
the  door  of  the  Jefferson  County  Court  House.  Said  sale  shall 
be  for  cash.  If  no  one  bids  for  any  dog  thus  put  up  at  auction, 
the  said  Pound  Keeper  shall  immediately  kill  said  dog  by  means 
of  charcoal  fumes. 

§  9.  The  Board  of  Public  Safety  is  hereby  authorized  to  pur- 
chase or  cause  to  be  purchased  charcoal  for  the  use  of  the  Pound 
Keepers  in  killing  the  dogs  provided  for  in  the  foregoing  sec- 
tion. 

§  10.  The  Pound  Keepers  shall  make  a  monthly  report  to  the 
Secretary  and  Treasurer  of  the  Sinking  Fund,  giving  a  descrip- 
tion of  all  dogs  taken  up  and  by  whom,  those  redeemed  and  by 
whom,  those  bought  and  by  whom  and  the  price  paid,  and  those 
killed,  which  statements  shall  be  verified  by  the  said  Pound 
Keepers.  All  sums  paid  to  said  Pound  Keepers  by  purchasers  of 
dogs  which  may  be  sold  under  section  8  of  this  ordinance  shall 
be  by  him  paid  to  the  Secretary  and  Treasurer  of  the  Sinking 
Fund. 

§  11.  Any  person  who  shall  entice  any  dog  out  of  the 
enclosure  of  the  possessor  of  such  dog,  or  who  shall  remove  his 
muzzle,  or  shall  bring  into  the  city  any  dog,  muzzled  or  un- 
muzzled, for  the  purpose  of  taking  up  and  impounding  the  same, 
or  who  shall  purchase  any  dog-  when  sold  by  the  Pound  Keeper 
for  the  purpose  of  impounding  the  same,  shall  on  conviction  be 
fined  not  less  than  five  ($5)  nor  more  than  fifty  ($50)  dollars. 
It  shall  be  unlawful  for  a  Pound  Keeper  to  receive  a  dog  from 
a  person  under  21  years  of  age,  and  for  each  violation  of  this 


DOGS. 235 

provision  he  shall  be  subject  to  a  fine  of  not  less  than  $5.00  or 
more  than  $25.00. 

§  12,  It  shall  be  the  duty  of  police  officers  of  the  city  of 
Louisville  to  kill  any  dangerous  or  vicious  dog  which  may  be 
running  at  large  contrary  to  the  provisions  of  this  ordinance, 
provided  such  dog  can  not  be  safely  taken  up  and  impounded. 

§  13.  The  word  dog  shall  include  and  mean  the  singular  and 
plural,  and  male  and  female. 

§  14.  Any  person  violating  any  of  the  provisions  of  sections 
1  or  2  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  shall  be  fined  not  less  than  five  ($5)  nor  more 
than  twenty-five  ($25)   dollars. 

§  15.  An  ordinance  entitled  "An  ordinance  in  relation  to 
unlicensed  dogs,"  approved  October  8,  1895,  and  all  other  ordi- 
nances in  conflict  herewith  are  hereby  repealed. 

§  16.  This  ordinance  shall  take  effect  from  and  after  its  pub- 
lication.    (Approved  April  20,  1911.)     (See  also  Animals.) 


(4)  DOGS. 

Muzzling  and  Impounding. 

AN  ORDINANCE    requiring  the  muzzling  and  impounding  of 
dogs  in  the  city  of  Louisville,  Ky. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  it  shall  be  unlawful  for  any  dog  to  run  at  large 
upon  the  streets  and  public  ways  of  the  city  of  Louisville  without 
having  attached  to  the  neck  of  said  dog  a  license  tag,  issued  by 
the  Sinking  Fund  Commissioners  of  the  city  of  Louisville,  show- 
ing that  the  license  has  been  paid  on  said  dog. 

§  2.  That  it  shall  be  unlawful  for  any  owner  or  person  in 
charge  of  a  dog  in  the  city  of  Louisville  to  permit  such  dog  to 
run  at  large,  or  be  or  remain  away  from  the  premises  of  such 
owner  or  person  in  charge  thereof,  without  first  having  securely 
muzzled  such  dog. 

§  3.  That  it  shall  be  the  duty  of  every  police  officer  of  the 
city  of  Louisville  to  take  and  impound,  or  cause  to  be  impounded, 
every  dog  running  at  large  in  violation  of  sections  1  .and  2  of 
this  ordinance. 


236 DOGS. 

§  4.  Any  person  other  than  a  police  officer  may  take  and 
impound  at  one  of  the  City  Pounds  any  such  dog  so  running  at 
large  in  violation  of  sections  1  and  2  of  this  ordinance,  and  the 
Pound  Keeper  shall  give  to  such  person  a  receipt  for  every  dog 
received  from  such  person,  and  upon  presentation  of  such  receipt 
to  the  Secretary  and  Treasurer  of  the  Sinking  Fund,  such  per- 
son shall  be  entitled  to  receive  from  such  Secretary  and  Treas- 
urer of  the  Sinking  Fund  the  sum  of  twenty-five  cents. 

§  5.  It  shall  be  the  duty  of  the  Pound  Keeper  to  make  a 
report  every  day  to  the  Secretary  and  Treasurer  of  the  Sinking 
Fund  giving  a  description  of  the  dogs  taken  up,  and  if  a  dog  is 
a  licensed  dog,  giving  the  numer  of  said  tag,  and  said  list  shall 
be  posted  in  the  office  of  the  Commissioners  of  the  Sinking  Fund. 

§  6.  Any  owner  wishing  tn  redeem  any  unlicensed  dog  shall 
pay  to  the  Secretary  and  Treasurer  of  the  Sinking  Fund  the 
amount  of  the  license  for  said  dog,  and  a  redemption  fee  of  fifty 
cents.  Upon  presentation  to  such  Pound  Keeper  of  the  said 
receipt  of  said  Secretary  and  Treasurer  of  the  Sinking  Fund 
for  the  above  amount,  said  dog  shall  be  released  by  such  Pound 
Keeper,  after  the  owner  or  person  redeeming  has  first  caused 
said  dog  to  be  securely  muzzled. 

§  7.  The  owner  wishing  to  redeem  any  licensed  dog  shall  pay 
to  the  Secretary  and  Treasurer  of  the  Sinking  Fund  a  redemp-' 
tion  fee  of  fifty  cents,  and  upon  the  presentation  to  the  Pound 
Keeper  of  the  receipt  of  said  Secretary  and  Treasurer  of  the 
Sinking  Fund  said  dog  shall  be  released,  provided  the  said  dog 
is  securely  muzzled  by  the  owner  or  person  redeeming  before 
said  dog  is  removed  from  the  pound. 

§  8.  If  at  the  end  of  three  days  from  the  time  of  impounding 
any  dog  remains  unredeemed,  the  keeper  of  the  pound  shall 
certify  the  same  to  the  Judge  of  the  City  Court  of  Louisville,  who 
shall  fix  a  day  for  the  hearing  of  the  matter,  of  which  time  the 
owner  of  said  dog,  if  he  be  known,  shall  have  three  days'  notice. 
If  upon  the  trial  of  such  matter  it  shall  be  adjudged  that  said 
dog  was  at  large  in  the  city  of  Louisville  contrary  to  law  and 
that  said  dog  has  remained  unredeemed  for  three  days,  an  order 
shall  be  entered  in  said  court  directing  said  Pound  Keeper  to 
sell  said  dog  at  public  outcry  at  the  pound  to  the  highest  and 
best  bidder,  advertising  the  time,  terms  and  place  of  sale  for 
three  days  by  three  posters,  one  at  the  pound,  one  at  the  office 


DOGS.  237 

of  the  Secretary  and  Treasurer  of  the  Sinking  Fund,  and  one 
at  the  door  of  the  Jefferson  County  Courthouse.  Said  sale  shall 
be  for  cash.  If  no  one  bids  for  any  dog  thus  put  up  at  auction, 
the  said  Pound  Keeper  shall  immediately  kill  said  dog  by  means 
of  charcoal  fumes. 

§  9.  The  Board  of  Public  Safety  is  hereby  authorized  to  pur- 
chase, or  cause  to  be  purchased,  charcoal  for  the  use  of  the 
Pound  Keepers  in  killing  the  dogs  provided  for  in  the  foregoing 
section. 

§  10.  The  Pound  Keepers  shall  make  a  monthly  report  to  the 
Secretary  and  Treasurer  of  the  Sinking  Fund,  giving  a  descrip- 
tion of  all  dogs  taken  up  and  by  whom,  those  redeemed  and  by 
whom,  those  bought  and  by  whom,  and  the  price  paid  and  those 
killed,  which  statements  shall  be  verified  by  said  Pound  Keepers. 
All  sums  paid  to  said  Pound  Keepers  by  purchasers  of  dogs 
which  may  be  sold  under  section  8  of  this  ordinance  shall  be  bj^ 
him  paid  to  the  Secretary  and  Treasurer  of  the  Sinking  Fund. 

§  11.  Any  person  who  shall  entice  any  dog  out  of  the  enclos- 
ure of  the  possessor  of  such  dog,  or  who  shall  remove  his  muzzle, 
or  shall  bring  into  the  city  any  dog,  muzzled  or  unmuzzled,  for 
the  purpose  of  taking  up  and  impounding  the  same,  or  who  shall 
purchase  any  dog  when  sold  by  the  Pound  Keeper  for  the  pur- 
pose of  impounding  the  same,  shall  on  conviction  be  fined  not 
less  than  five  ($5)  nor  m.ore  than  fifty  ($50)  dollars. 

§  12.  It  shall  be  the  duty  of  police  officers  of  the  city  of 
Louisville  to  kill  any  dangerous  or  vicious  dog,  which  may  be 
running  at  large  contrary  to  the  provisions  of  this  ordinance, 
provided  such  dog  can  not  be  safely  taken  up  and  impounded. 

§  13.  The  word  dog  shall  include  and  mean  the  singular  and 
plural,  and  male  and  female. 

§  14.  Any  person  violating  any  of  the  provisions  of  sections 
1  and  2  of  this  ordinance  shall  be  deemed  guilty  of  a  misde- 
meanor and  on  conviction  shall  be  fined  not  loss  then  five  ($5) 
nor  more  than  twenty-five  ($25)  dollars. 

§  15.  An  ordinance  entitled  "An  ordinance  in  relation  to  unli- 
censed dogs,"  approved  October  8,  1895,  and  all  other  ordinances 
in  conflict  herewith  are  hereby  repealed. 

§  16.  This  ordinance  shall  take  effect  from  and  after  its 
publication.     (Approved  February  24,  1912.) 


238  DRAINS. 


(1)  DRAINS. 
Application  to  Connect  Piivate  Drains. 

AN  ORDINANCE  relating  to  private  drains. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  Hereafter  any  person  designing  to  have  a  drain  con- 
nected with  any  sewer  in  the  city  of  Louisville  shall  make  appli- 
cation to  the  chief  engineer  of  the  Board  of  Public  Works  on  a 
blank  form  furnished  by  the  said  engineer.  The  chief  engineer 
shall  then  furnish  an  estimate  of  the  cost  of  said  drain,  including 
in  said  estimate  all  expenses  connected  therewith,  and  a  liberal 
margin  for  all  possible  contingencies,  and  the  applicant  shall 
make  a  special  deposit  of  the  amount  of  said  estimate  with  the 
City  Treasurer,  who  shall  issue  a  certificate  of  deposit  in  dupli- 
cate, the  original  of  which  shall  be  retained  by  the  applicant, 
and  the  duplicate  filed  with  the  chief  engineer. 

§  2.  Upon  said  duplicate  being  filed,  the  chief  engineer  shall 
have  the  drain  laid  from  the  sewer  to  the  property  line  of  the 
party  applying  therefor,  and  at  the  end  of  the  current  month 
shall  certify  to  the  applicant  by  postal  card  the  excess  of  the 
deposit  over  the  actual  cost  of  said  drain,  and  said  excess  shall 
be  refunded  to  the  party  by  voucher,  furnished  by  the  chief 
engineer,  approved  by  the  Board  of  Public  Works  and  registered 
by  the  Comptroller.  The  postal  card  mailed  to  the  applicant  by 
the  chief  engineer,  notifying  him  of  the  amount  of  rebate,  shall 
be  a  sufficient  voucher  when  paid  by  the  City  Treasurer. 

§  3.  To  enable  the  chief  engineer  to  carry  out  the  provisions 
of  sections  1  and  2  of  this  ordinance,  the  Board  of  Public  Works 
is  hereby  authorized  to  employ  men  competent  to  do  such  work, 
and  shall  keep  a  record  of  all  the  transactions  connected  with 
the  laying  of  said  drains. 

§  4.  The  money  received  by  the  Treasurer  for  the  laying  of 
the  drains  shall  be  kept  as  a  special  account,  and  credited  to  the 
account  of  private  drains,  and  shall  be  used  to  pay  off  all  liabili- 
ties incurred  for  laying  drains,  and  for  no  other  purpose.  Said 
money  is  in  no  wise  to  be  considered  or  construed  as  the  money 
of  the  city  of  Louisville. 

§  5.  The  chief  engineer  is  hereby  empowered  to  fix  the 
grades,  inclinations  and  depths  of  all  drains  within  the  limits 
of  the  street  or  other  public  highway. 


DRUNKENNESS.  239 


§  6.     All  ordinances  in  conflict  herewith  be  and  are  hereby 
repealed. 

§  7.     This  ordinance  shall  take  effect  from  and  after  its  pub- 
lication.    (Approved  Noveynher  9,  1895.) 


(2)  DRAINS. 

Requiring  Connection  of  Private  Drains. 

AN  ORDINANCE  requiring  the  connection  of    private  drains 
with  public  sewers. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  the  inspector  of  buildings  shall  require  each  archi- 
tect, contractor,  builder,  or  other  person  who  shall  apply  to  him 
for  a  permit  to  erect  any  new  building-,  or  to  repair  an  old  build- 
ing, to  exhibit  to  him,  before  he  shall  issue  to  such  person  a  per- 
mit, satisfactory^  evidence  from  the  Board  of  Public  Works  that 
such  applicant  has  connected  or  will,  as.  soon  as  practicable,  con- 
nect the  private  drain  from  the  proposed  building,  or  building 
to  be  repaired,  with  the  public  sewer,  provided  such  building 
shall  be  erected  on  property  abutting  on  a  street  or  alley  in 
which  there  is  located  such  a  sewer. 

§  2.  That  this  ordinance  shall  take  effect  from  and  after  its 
passage.  {Approved  April  27,  1900.)  (See  also  Seivers;  Plumb- 
ing Code;  Building  Code.) 


DRUNKENNESS. 
Punishment. 


AN  ORDINANCE  punishing  drunkenness  in  the  city  of  Louis- 
ville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  Whoever  shall  be  found  guilty  of  drunkenness  in  the 
city  of  Louisville  shall  be  fined  not  less  than  five  ($5)  nor  more 
than  twenty  ($20)   dollars  for  each  offense. 


240 EGGS. 

§  2.  That,  in  addition  to  imposing  a  fine,  the  Police  Court 
may  hold  the  offender  to  bail  in  a  sum  not  exceeding  one  thou- 
sand ($1,000)  dollars  to  keep  the  peace,  or  be  of  good  behavior 
for  any  length  of  time  not  exceeding  one  year. 

§  3.  Should  the  offender  fail  to  give  bond,  or  fail  to  pay  the 
fine,  he  shall  be  forthwith  committed  to  the  city  workhouse,  and 
shall  be  kept  in  custody  until  bail  shall  be  given,  or  until  the 
time  fixed  by  judgment  shall  have  expired,  and  the  fine  be  paid 
or  satisfied  by  labor,  as  provided  by  law. 

§  4.     All  ordinances  in  conflict  herewith  are  hereby  repealed. 

§  5.  This  ordinance  shall  take  effect  from  its  publication. 
(Approved  July  13,  1896.)     (See  also  Disorderly  Conduct.) 


EGGS. 

Regulating  the  Handling  and  Labeling  Thereof. 

AN  ORDINANCE  regulating  the  handling  and  labeling  of  eggs 
and  providing  penalties  for  the  violation  thereof. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  unlawful  for  any  person  or  persons,  firm 
or  corporation  to  sell,  expose  for  sale  or  have  in  their  possession 
for  sale  in  the  city  eggs  that  are  not  properly  labeled  and  which 
have  not  been  candled  and  found  to  be  in  good  condition  within 
four  (4)  days  previous  to  the  time  of  sale  by  a  licensed  egg 
candler  to  be  licensed  by  the  Health  Officer  of  the  city  of  Louis- 
ville. 

§  2.  Storage  eggs  to  be  properly  labeled  and  candled  must 
have  attached  to  the  container  from  which  they  are  sold  a 
printed  label  bearing  the  words  "Cold  Storage  Eggs"  and  the 
name  of  the  month  in  which  they  were  placed  in  cold  storage, 
said  label  to  be  not  less  than  ten  (10)  inches  square  with  letters 
not  less  than  two  (2)  inches  in  height  and  said  eggs  to  be  free 
from  rots  and  spots  and  badly  shrunken  eggs. 

§  3.  That  it  shall  be  the  duty  of  the  Health  Officer  of  the  city 
of  Louisville  without  charge  to  grant  license  to  every  person 
qualified  to  candle  eggs,  who  shall  apply  for  same,  giving  him 


ELECTRIC  WIRING  AND  APPARATUS. 241 

a  registered  number,  which  number  shall  be  stamped,  together 
with  the  date  and  time  of  candling,  on  every  package  of  eggs 
candled  by  said  person. 

§  4.  That  it  shall  be  the  duty  of  the  Health  Officer  to  suspend 
the  license  of  any  candler  for  a  period  of  six  (6)  months  who 
shall  misrepresent  in  any  way  the  quality,  kind  or  condition  of 
eggs  candled  by  him,  and  to  cause  a  notice  of  such  suspension 
of  his  or  her  permit  to  be  published. 

§  5.  That  it  shall  be  unlawful  for  any  person  or  persons,  firm 
or  corporation  to  sell  eggs  in  cases,  boxes  or  other  container 
bearing  the  name  of  another  person  or  persons,  firm  or  corpora- 
tion unless  he  or  they  be  true  and  lawful  agents  of  same. 

§  6.  That  it  shall  be  unlawful  for  any  person  or  persons,  firm 
or  corporation  to  transfer  eggs  from  properly  labeled  case,  box 
or  package  to  another,  except  to  one  bearing  their  own  name  and 
label,  thereby  assuming  entire  responsibility  for  the  condition 
of  said  eggs. 

§  7.  Any  person,  firm,  company  or  corporation  which  shall 
violate  any  of  the  provisions  of  this  ordinance  shall  be  fined  not 
less  than  five  ($5.00)  dollars  nor  more  than  fifty  ($50.00)  dol- 
lars for  each  separate  offense. 

This  ordinance  shall  take  effect  from  and  after  its  publication. 
(Approved  April  23,  1913.)  (Construed  and  upheld  in  City  of 
Louisville  v.  Henriott,  Jefferson  Circuit  Court,  Criminal  Divi- 
sion.   See  also  Food  Adulteration  and  Misbranding.) 


ELECTRIC  WIRING  AND  APPARATUS. 

Installation  and  Supervision. 

AN  ORDINANCE  concerning  the  installation  and  supervision 
of  electric  plants,  machinery,  appliances,  wiring  and  appara- 
tus in  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That    all    installments  of    electric    plants,    machinery, 
appliances,  wiring,  and    apparatus  in  any    house,    building  or 
other  structure  in  the  city  of  Louisville  for    the  generation  or 
utilization  of  electricity  for  light  or  power  shall  be  constructed 
and  installed  in  conformity  to  the  rules,  regulations  and  require- 


242  ELECTRIC  WIRING  AND  APPARATUS. 

ments  of  the  National  Electrical  Code  of  the  National  Board  of 
Fire  Underwriters  for  the  installation  of  electric  wiring  and 
apparatus,  and  of  the  future  modifications  of  said  code,  a  copy  of 
which  is  filed  and  shall  be  kept  on  file  in  the  office  of  the  Board 
of  Public  Safety. 

§  2.  That  there  shall  be  appointed  by  the  Mayor  a  qualified 
electrician,  whose  duty  it  shall  be  to  inspect  all  premises  where 
electric  plants,  machinery,  appliances,  wiring  and  apparatus  for 
light  or  power  shall  be  located,  or  where  the  location  of  the  same 
may  be  proposed,  to  issue  permits  for  the  installation  or  use  of 
electric  plants,  machinery,  appliances,  wiring  and  apparatus  for 
light  or  power  in  the  city  of  Louisville,  and  to  issue  certificates 
afterward  that  such  installations  are  in  accordance  with  the 
rules, -regulations  and  requirements  of  said  National  Electrical 
Code. 

§  3.  That  the  construction  of  any  electric  plant,  machinery, 
appliances,  wiring  or  apparatus,  or  the  installation  of  the  same 
for  light  or  power  shall  not  be  commenced  in  any  house,  build- 
ing or  other  structure  in  the  city  of  Louisville  until  a  permit  has 
been  issued  therefor  by  the  electrical  inspector,  and  no  electrical 
current  or  currents  shall  be  put  in  use  in  such  installation  until 
a  certificate  shall  have  been  issued  by  the  electrical  inspector 
stating  that  the  installation  is  in  full  compliance  with  the  rules, 
regulations  and  requirements  of  said  National  Electrical  Code, 
nor  until  a  permit  has  been  issued  by  said  inspector  for  the  use 
of  electrical  currents  in  said  installation. 

§  4.  It  shall  be  the  duty  of  the  electrical  inspector,  under  the 
direction  of  the  Board  of  Public  Safety,  to  inspect  or  cause  to 
be  inspected,  all  premises,  houses,  buildings  or  other  structures 
in  the  city  of  Louisville,  when  in  course  of  construction  or  erec- 
tion, to  see  that  the  electric  plants,  machinery,  appliances, 
wiring  or  apparatus  for  light  or  power  therein  conform  to  the 
rules,  regulations  and  requirements  of  said  National  Electrical 
Code. 

It  shall  further  be  the  duty  of  said  inspector  during  reason- 
able hours,  on  application  to  him  by  the  owner  or  occupant,  or 
by  the  Louisville  Board  of  Fire  Underwriters,  or  upon  the  com- 
plaint under  oath  of  any  reputable  citizen,  to  inspect  or  cause 
to  be  inspected  any  premises,  house,  building  or  other  structure, 
wherein  is  located    any  electrical    plant,  machinery,  appliance, 


ELECTRIC  WIRING  AND  APPARATUS.  243 

wiring  or  apparatus  for  light  or  power,  and  to  examine  the  same 
to  ascertain  whether  or  not  such  plant,  machinery,  appliance, 
wiring  or  apparatus  has  been  constructed  or  installed  in  con- 
formity to  the  rules,  regulations  and  requirements  of  said 
National  Electrical  Code,  or  at  the  time  of  said  inspection  con- 
forms to  said  code,  or  is  dangerous  or  defective  in  any  manner; 
and  wherever  such  plant,  machinery,  appliance,  wiring,  or 
apparatus  shall  be  found  to  be  dangerous  or  defective,  it  shall 
be  the  duty  of  the  owner  or  occupant  of  such  premises,  house, 
building  or  other  structure,  upon  written  notice  by  said 
inspector,  to  remedy  within  a  reasonable  time,  to  be  fixed  in  said 
notice,  the  said  defect  or  dangerous  condition  and  to  conform 
to  the  rules,  regulations  and  requirements  of  said  National  Elec- 
trical Code,  in  such  manner  as  shall  be  directed  by  said  inspector 
and  under  his  supervision. 

Provided,  that  if  such  owner  or  occupant,  or  the  agent  of 
either,  shall  within  five  days  from  the  date  of  the  service  or 
receipt  of  such  notice  from  said  inspector,  protest  in  writing 
against  any  required  improvement  or  change,  and  shall  deposit 
with  the  City  Treasurer  the  sum  of  twenty  ($20)  dollars,  to 
cover  the  expense  of  re-examination,  it  shall  be  the  duty  of  the 
Board  of  Public  Safety  to  designate  two  additional  electricians 
together  with  said  electrical  inspector  to  make  a  re-examination, 
and  if  the  Board  of  Public  Safety  approve  a  decision  against  the 
protestant,  the  said  board  shall  cause  said  protestant  or  his 
agent  to  be  notified  of  the  decision,  and  the  work  ordered  by  the 
inspector  aforesaid  shall  be  commenced  within  five  days  after 
the  receipt  or  service  of  said  notice,  and  be  completed  within  a 
reasonable  time.  Should  the  owner  or  occupant,  or  the  agent 
of  either,  neglect  or  refuse  to  comply  with  the  notice  of  said 
inspector  or  of  said  board  in  case  a  protest  is  filed  as  aforesaid, 
it  shall  then  be  the  duty  of  said  inspector  to  report  said  neglect 
or  refusal  to  said  board,  and  for  each  violation  of  any  provision 
of  this  ordinance  by  the  owner  or  occupant  of  any  premises, 
house,  building  or  other  structure,  or  the  agent  of  either,  he 
shall  be  subject  to  a  fine  of  ten  ($10)  dollars,  and  each  day  such 
installation  is  used  or  operated  in  violation  of  any  provision  of 
this  ordinance  shall  constitute  a  separate  offense. 

§  5.     That  the  annual  salary  of  said  electrical  inspector  shall 
be  $1,500,  to  be  paid  in  monthly  installments. 


244  ELECTRIC  CONTRACT. 


§  6.  That  this  ordinance  shall  not  apply  to  the  electrical 
plants,  machinery,  appliance,  wiring  or  apparatus  for  the  gener- 
ation or  utilization  of  electricity  for  light  or  power  owned  or 
operated  in  the  city  of  Louisville  by  any  street  car  company  or 
any  railroad  company  using  electricity  for  motive  power. 

§  7.  That  this  ordinance  shall  take  effect  from  and  after  its 
passage.  (Approved  August  24,  1904.)  (See  (5)  License; 
Undergroimd  Wires. ) 


ELECTRIC  CONTRACT. 

Between  the  City  and  H.  M.  Byllesby  &  Co. 

AN  ORDINANCE  authorizing  the  Mayor  of  the  city  of  Louis- 
ville on  behalf  of  said  city  to  enter  into  and  execute  a  con- 
tract with  H.  M.  Byllesby  &  Company  with  reference  to  cer- 
tain public  utility  companies  operating  in  said  city,  to-wit: 
Louisville  Lighting  Company,  Kentucky  Electric  Company, 
Louisville  Gas  Company,  Kentucky  Heating  Company  and  all 
other  lighting  companies  now  controlled  by  H.  M.  Byllesby  & 
Company,  and  providing  for  the  carrying  out  of  the  terms 
and  conditions  of  said  contract. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  the  Mayor  of    the  city  of    Louisville    for    and  on 
behalf  of  said  city  be  and  he  is  hereby  authorized,  empowered 
and  directed  to  enter    into  and    execute  a  contract  with  H.  M. 
Byllesby  &  Company,  a  corporation  organized  and  existing  under 
the  laws  of  the  State  of  New  Jersey,  in  words  and  figures  as 
follows,  to-wit: 

This  agreement  made  this day  of  March,  1913,  by  and 

between  the  city  of  Louisville,  a  municipal  corporation,  party 
of  the  first  part,  and  H.  M.  Byllesby  &  Company,  a  corporation 
organized  and  existing  under  and  by  virtue  of  the  laws  of  the 
State  of  New  Jersey,  party  of  the  second  part,  witnesseth : 

That  whereas.  The  city  of  Louisville  is  desirous  of  obtaining 
for  the  use  of  its  citizens  a  larger  supply  of  natural  gas  and  to 
secure  for  its  citizens  the  benefits  to  be  derived  from  obtaining 
such  natural  gas  at  a  price  lower  than  the  cost  of  manufactured 
gas,  and  for  that  purpose  it  intends  to  offer  for  sale  a  franchise 
providing  for  furnishing  such  a  supply  of  gas,  and 


ELECTRIC  CONTRACT.  245 

Whereas,  The  party  of  the  second  part  controls  a  majority 
of  the  stock  of  the  Louisville  Lighting  Company  and  is  desirous 
of  obtaining  the  physical  properties  of  the  Kentucky  Electric 
Company  and  is  willing  to  bid  for  said  natural  gas  franchise  and 
to  bring  said  natural  gas  to  Louisville  and  furnish  the  same  to 
the  citizens  of  Louisville,  and 

Whereas,  The  city  of  Louisville  is  desirous  of  fixing  a  maxi- 
mum rate  at  which  electricity  shall  be  furnished  in  the  city  of 
Louisville, 

Now,  therefore,  in  consideration  of  the  privileges  herein 
granted  to  said  H.  M.  Byllesby  &  Company  and  of  the  permis- 
sion of  said  city  of  Louisville  to  H,  M.  Byllesby  &  Company  to 
acquire  the  physical  properties  of  the  Kentucky  Electric  Com- 
pany and  operate  the  same  in  conjunction  with  the  properties 
of  the  Louisville  Lighting  Company,  it  is  agreed  by  and  between 
the  parties  hereto  as  follows: 

First.  (A)  The  city  of  Louisville  will  create  and  forthwith 
offer  for  sale  a  franchise  for  the  furnishing  of  natural  gas  and 
manufactured  gas  in  the  form  hereto  annexed  and  marked 
Exhibit  "A."* 

(B)  The  city  of  Louisville  consents  to  the  acquiring  by  or 
in  the  interest  of  said  H.  M.  Byllesby  &  Company  of  the  capital 
stock  and  property  of  the  Kentucky  Electric  Company  and  in 
the  event  of  such  acquisition  hereby  releases  said  Kentucky 
Electric  Company,  its  stock  and  its  property,  from  the  prohibi- 
tions contained  in  section  6  of  the  franchise  of  said  Kentucky 
Electric  Company,  said  section  being  in  words  and  figures  as  fol- 
lows, to-wit:  "The  company  shall  not  sell  out  to,  make  joint 
stock  with  or  pass  under  the  control  of  any  competing  company, 
nor  shall  it  by  any  device  enter  into  any  arrangement  which  will 
prevent  bona  fide  competition  in  the  furnishing  of  electricity, 
and  in  case  the  company  shall  violate  this  section  the  franchise 
herein  granted  shall  become  void;"  and  the  city  of  Louisville 
agrees  to  dismiss  the  action  now  pending  in  the  Jefferson  Cir- 
cuit Court,  No.  73162,  and  entitled  City  of  Louisville  vs.  Ken- 
tucky Electric  Company,  and  agrees  to  a  dissolution  of  the 
injunction  heretofore  issued  in  said  cause,  provided,  however, 
that  the  provisions  of  this  contract  consenting  to  the  acquisition 


*See    (2)    Franchise. 


246  ELECTRIC  CONTRACT. 


by  or  in  the  interest  of  said  H.  M.  Byllesby  &  Company  of  the 
capital  stock  and  property  of  the  Kentucky  Electric  Company 
shall  not  be  eifective  unless  the  said  H.  M.  Byllesby  &  Company, 
or  some  corporation  controlled  by  it  shall  become  the  purchaser 
of  the  natural  gas  franchise  provided  for  herein  and  shall  exe- 
cute bonds  in  the  sum  of  three  hundred  thousand  ($300,000.00) 
dollars  in  all  required  in  sections  6  and  7  of  said  franchise. 

Second.  H.  M.  Byllesby  &  Company  for  and  in  consideration 
of  the  covenants  herein  contained  and  privileges  herein  granted 
by  said  city  of  Louisville  for  and  on  behalf  of  itself  and  its  suc- 
cessors provided  for  in  section  5  hereof  agrees, 

(A)  That  it  will  bid,  or  cause  to  be  bid  at  the  sale  of  the 
natural  gas  franchise  offered  by  said  city  hereinbefore  referred 
to,  at  least  the  upset  price  fixed  in  said  franchise  and  in  the 
event  that  it  acquires  said  franchise  directly  or  indirectly  it  will 
cause  the  terms  of  said  franchise  to  be  carried  out  and  natural 
gas  to  be  brought  to  the  city  of  Louisville  and  furnished  the 
inhabitants  thereof  as  in  said  franchise  provided. 

(B)  That  it  will  cause  the  Louisville  Lighting  Company  in 
the  event  that  company  acquires  the  property  of  the  Kentucky 
Electric  Company  or  will  cause  any  corporation  which  shall 
acquire  the  franchise  or  property  of  the  Louisville  Lighting 
Company  and  the  property  of  the  Kentucky  Electric  Company, 
and  any  other  lighting  companies  now  controlled  by  said  H.  M. 
Byllesby  &  Company,  to  abide  by  the  terms  of  the  following 
ordinances  when  duly  passed  by  the  General  Council  of  the  city 
of  Louisville  and  approved  by  its  Mayor,  and  to  furnish  the 
inhabitants  of  said  city  and  said  city  electricity  for  lighting  and 
power  purposes  at  a  price  not  to  exceed  the  rates  therein  named 
upon  the  acquisition  of  said  property  of  the  said  Kentucky  Elec- 
tric Company  as  aforesaid,  to-wit:* 

AN  ORDINANCE  fixing  the  maximum  rates  to  be  charged  for 
electricity  in  the  city  of  Louisville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  no  person,  firm  or  corporation  operating,  conduct- 
ing or  maintaining  a  plant  for  the  generation  of  electricity  shall 
charge  more  for  said  electricity  than  the  following  rates,  which 


*See  Electricity  Charges. 


ELECTRIC  CONTRACT.  247  , 

are  hereby  fixed,  established  and  ordained  to  be  the  maximum 
rates  for  electricity  in  the  city  of  Louisville. 

1  to  150  k.  w.  h.  per  month  8  cents  per  k.  w.  h.,  less  5  per  cent, 
for  prompt  payment,  7.60  net. 

150  to  300  k.  w.  h.  per  month  7  cents  per  k.  w.  h.,  less  5  per 
cent,  for  prompt  payment,  6.65  net. 

300  to  500  k.  w.  h.  per  month  6  cents  per  k.  w.  h.,  less  5  per 
cent,  for  prompt  payment,  5.70  net. 

500  k.  w.  h.  per  month  5  cents  per  k.  w.  h.,  less  5  per  cent, 
for  prompt  payment,  4.75  net. 

Power,  maximum,  per  month  4  cents  per  k.  w.  h. 

§  2.  That  any  person,  firm  or  corporation  violating  any  pro- 
vision of  this  ordinance  or  charging  a  higher  rate  for  electricity 
than  is  fixed  by  this  ordinance  shall  be  subject  to  a  fine  of  not 
less  than  five  ($5)  dollars  nor  more  than  twenty-five  ($25)  dol- 
lars for  each  offense.  The  charge  to  each  person  for  electricity 
in  excess  of  the  rates  herein  fixed  and  each  month  that  such 
charge  is  made  in  excess  of  the  rates  herein  fixed  shall  consti- 
tute a  separate  ofi'ense. 

§  3.     This   ordinance   shall   take    effect    from   and   after  its . 
passage. 

(C)  The  rates  for  electricity  shall  be  uniform  for  equal 
service,  and  rates  for  power  shall  be  the  same  to  all  consumers 
using  equal  amounts  of  electricity,  under  similar  conditions,  as 
to  the  time  of  the  maximum  load,  and  the  relation  of  m.aximum 
load  to  the  average.  All  rates  for  electricity  shall  be  filed  with 
the  Board  of  Public  Works  of  the  city  of  I^ouisville  and  be  open 
for  public  inspection.  The  company  may  make  special  contracts 
with  consumers  at  rates  based  upon  the  amount  of  electricity 
used  and  the  conditions  of  the  contract,  which  special  rates  may 
be  less  than  those  charged  to  consumers  taking  a  smaller  amount 
of  electricity  or  taking  electricity  under  different  conditions,  but 
said  special  rates  shall  be  the  same  to  all  consumers  using  a  like 
amount  of  electricity  under  the  same  contract  conditions.  A 
schedule  of  such  special  rates  and  contract  conditions  shall  be 
filed  with  the  Board  of  Public  Works  and  each  and  every  change 
therein  shall  also  be  filed  with  the  Board  of  Public  Works  and  be 
open  to  public  inspection. 

All  meters  shall  be  furnished,  owned  and  maintained  at  the 
cost  of  H.  M.  Byllesby  &  Company,  and   the   city  of  Louisville 


248  ELECTRIC  CONTRACT. 


shall  make  reasonable  regulations,  by  ordinance,  for  testing  and 
inspecting  the  same. 

(D)  That  it  will  cause  said  Louisville  Lighting  Company  in 
the  event  that  company  acquires  the  property  of  the  Kentucky 
Electric  Company  or  will  cause  any  corporation  which  shall 
acquire  the  franchise  or  property  Of  the  Louisville  Lighting 
Company  and  the  property  of  the  Kentucky  Electric  Company 
to  furnish  to  the  city  of  Louisville  street  lamps  and  electricity 
therefor  at  a  price  not  to  exceed  the  following  rates,  to-wit: 

All  street  lamps  of  the  latest  and  most  approved  pattern  con- 
suming a  c  irrent  of  not  less  than  320  watts  per  hour  at  the  pole 
furnished  with  current  from  underground  wires  not  to  exceed 
the  rate  of  $60.00  per  lamp  per  year. 

All  street  lamps  of  the  latest  and  most  approved  pattern  con- 
suming a  current  of  not  less  than  320  watts  per  hour  at  the  pole 
furnished  with  current  from  overhead  wires  at  a  rate  not  to 
exceed  $56.00  per  lamp  per  year. 

The  above  rates  regarding  street  lamps  are  based  upon  cur- 
rent consumption  and  the  cost  and  maintenance  of  fixtures,  and 
such  changes  or  regulations  may  be  made  from  time  to  time  as 
may  give  the  city  the  advantage  of  any  inventions  or  improve- 
ments. 

Third.  The  city  of  Louisville  reserves  the  right  to  make 
reasonable  regulations  of  rates  for  the  use  of  electricity  and  for 
lamps  for  both  private  consumers  and  municipal  purposes,  and 
the  capital  stock  or  bond  issue  of  said  company  shall  not  be  con- 
sidered in  fixing  said  rates. 

The  city  of  Louisville,  through  agents  selected  by  either  the 
Mayor  or  the  General  Council,  shall  have  the  right  to  examine 
the  physical  properties,  books,  records  and  contracts  of  said 
company,  and  all  other  facts  affecting  rates,  at  not  more  fre- 
quent intervals  than  every  two  years,  beginning  with  the  date 
of  this  contract,  for  the  purpose  of  determining  reasonable  rates 
to  be  charged  for  electricity. 

Fourth.  This  contract  between  the  parties  hereto  shall  be 
for  a  term  of  twenty  (20)  years  from  the  date  hereof. 

Fifth.  It  is  further  agreed  between  the  parties  hereto  that  it 
is  intended  to  substitute  for  H.  M.  Byllesby  &  Company  as  a 
party  hereto  the  corporation  which  shall  acquire  the  properties 
of  the  Louisville  Gas  Company,  the  Louisville    Lighting  Com- 


ELECTRICITY  CHARGES.  249 

pany,  the  Kentucky  Heating  Company  and  the  Kentucky  Elec- 
tric Company,  and  any  other  lighting  companies  now  controlled 
by  H.  M.  Byllesby  &  Company,  and  when  such  corporation  shall 
bind  itself  to  carry  out  the  terms  of  this  agreement  with  the 
city  of  Louisville  in  the  place  of  H,  M.  Byllesby  &  Company,  H. 
M.  Byllesby  &  Company  shall  be  released  from  all  liability  here- 
under. 

In  witness  whereof,  the  said  city  has,  pursuant  to  ordinance 
of  its  General  Council,  caused  this  contract  to  be  executed  in  its 
name  and  on  its  behalf  by  its  Mayor,  and  the  said  H.  M. 
Byllesby  &  Company  has,  pursuant  to  resolution  of  its  Board 
of  Directors,  caused  this  contract  to  be  executed  in  its  corporate 
name  and  on  its  behalf  by  its  vice  president  and  its  corporate 
seal  to  be  hereunto  affixed,  the  day  and  year  first  above  written. 

CITY  OF  LOUISVILLE, 

By Mayor 

H.  M.  BYLLESBY  &  COMPANY, 

By   President 

§  2.  That  the  Mayor  and  proper  officers  of  the  city  of  Louis- 
ville be  and  they  are  hereby  authorized,  empowered  and  directed 
to  take  all  steps  and  do  all  things  which  may  be  necessary  or 
proper  to  carry  out  the  terms  and  conditions  of  this  contract. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its 
passa(ge.     {A.pprovccl  March  29,  1913.) 

(See  also  (2)  Franchises;  Gas  a7id  Electricity  Inspection.) 


ELECTRICITY  CHARGES. 

Regulation  of  Rates. 

AN  ORDINANCE  fixing  the  maximum  rates  to  be  charged  for 

electricity  in  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  no  person,  firm  or  corporation  operating,  conduct- 
ing or  maintaining  a  plant  for  the  generation  of  electricity  shall 
charge  more  for  said  electricity  than  the  following  rates  which 
are  hereby  fixed,  established  and  ordained  to  be  the  maximum 
rates  for  electricity  in  the  city  of  Louisville: 


250  EMBALMING. 


1  to  150  k.  w.  h.  per  month  8  cents  per  k.  w.  h.,  less  5  per  cent, 
for  prompt  payment,  7.60  net. 

150  to  300  k.  w.  h.  per  month,  7  cents  per  k.  w.  h.,  less  5  per 
cent,  for  prompt  payment,  6.65  net. 

300  to  500  k.  w.  h.  per  month,  6  cents  per  k.  w.  h.,  less  5  per 
cent,  for  prompt  payment,  5.70  net. 

500  k.  w.  h.  per  month,  5  cents  per  k.  w.  h.,  less  5  per  cent, 
for  prompt  payment,  4.75  net. 

Power,  maximum,  per  month,  4  cents  per  k.  w.  h. 

§  2.  That  any  person,  firm  or  corporation  violating  any  pro- 
vision of  this  ordinance  or  charging  a  higher  rate  for  electricity 
than  is  fixed  by  this  ordinance  shall  be  subject  to  a  fine  of  not 
less  than  five  ($5)  dollars  nor  more  than  twenty-five  ($25)  dol- 
lars for  each  offense.  The  charge  to  each  person  for  electricity 
in  excess  of  the  rates  herein  fixed  and  each  month  that  such 
charge  is  made  in  excess  of  the  rates  herein  fixed  shall  consti- 
tute a  separate  offense. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its 
passage.  (Approved  August  8,  1913.)  (See  Electric  Contract; 
also  Gas  and  Electricity  Inspection.) 


EMBALMING. 


AN  ORDINANCE  relating  to  the  practice  of  embalming  in  the 
city  of  Louisville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  for  the  better  protection  of  life  and  health,  and  to 
prevent  the  spread  of  contagious  diseases,  there  is  hereby  estab- 
lished and  created  a  board  to  be  known  as  the  "Embalming 
Board  of  Louisville,  Kentucky."  Said  board  shall  consist  of  the 
president  of  the  Board  of  Public  Safety,  the  Health  Officer,  the 
Jefferson  county  referee  of  the  St-ate  Board  of  Health,  the 
Coroner  of  Jefferson  county,  and  one  embalmer,  who  has  had 
not  less  than  five  years'  experience,  to  be  selected  by  the 
embalmers  of  the  city  of  Louisville.  Each  member  shall  serve 
during  his  official  term  of  office,  and  be  succeeded  by  his  suc- 
cessor in  office.  The  embalmer  of  this  board  shall  serve  two 
years,  when  his  successor  shall  be  named  by  the  embalmers  of 
the  city.    The  Health  Officer  shall  be  chairman  of  said  board. 


EMBALMING.  251 


§  2.  The  said  board  shall  from  time  to  time  adopt  rules,  regu- 
lations and  by-laws,  not  inconsistent  with  the  laws  of  the  state, 
or  of  the  United  States,  whereby  the  performance  of  the  duties 
of  said  board  and  the  practice  of  embalming  of  dead  human 
bodies  shall  be  regulated. 

The  said  board  shall  meet  once  in  each  year,  and  may  meet  as 
often  as  the  proper  and  efficient  discharge  of  its  duties  shall 
require  or  the  Health  Officer  may  suggest. 

§  3.  From  and  after  the  passage  of  this  ordinance,  every 
person  now  engaged  or  hereafter  desiring  to  engage  in  the  prac- 
tice of  embalming  dead  human  bodies,  within  the  city  of  Louis- 
ville, shall  make  written  application  to  said  "Embalming  Board" 
of  the  city  for  a  permit  to  practice  embalming,  whereupon  the 
applicant  shall  present  himself  or  herself  before  said  board  at 
a  time  and  place  to  be  fixed  by  said  board,  and  if  the  board  shall 
find  upon  due  examination  that  the  applicant  is  of  good  moral 
character,  possessed  of  skill  and  knowledge  of  said  art  of 
embalming,  and  of  the  care  and  disposition  of  the  dead,  the  said 
board  shall  register  such  applicant  as  a  duly  qualified  embalmer, 
and  issue  to  such  applicant  a  permit,  which  shall  be  signed  by 
the  Health  Officer  and  at  least  two  other  members  of  said  board 
and  be  attested  by  the  seal  of  the  Health  Department ;  and  shall 
entitle  the  person  named  therein  to  practice  the  art  of  embalm- 
ing in  the  city  of  Louisville. 

§  4.  On  and  after  June  1,  1898,  it  shall  be  unlawful  for  any 
person,  not  a  registered  embalmer,  to  practice  the  art  of  embalm- 
ing in  the  city  of  Louisville,  unless  said  person  is  a  registered 
and  licensed  embalmer,  within  the  meaning  of  this  ordinance. 

§  5.  Any  person  who  shall  practice,  or  hold  himself  or  her- 
self out  as  practicing  the  art  of  embalming  in  the  city  of  Louis- 
ville, without  having  complied  with  the  provisions  of  this  ordi- 
nance, shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  before  the  City  Court  shall  be  fined  in  a  sum  not  less 
than  fifty  ($50)  or  more  than  one  hundred  ($100)  dollars  for 
each  offense. 

§  6.  This  ordinance  shall  take  effect  from  and  after  its 
passage.  {Approved  May  10,  1898.)  (See  also  Burial  of  the 
Dead;  Diseases;  Morgue.) 


252 ENGINEERING  DEPARTMENT. 

ENGINEERING  DEPARTMENT. 
Employes  and  Salaries, 

AN   ORDINANCE    concerning  the   Engineering    Department, 

placing  the  same  under  the  Board  of  Public  Works,  and  fixing 

the  number,  salaries  and    compensation  of    the  officers  and 

employes  in  said  department. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.     There  is  hereby  created  and  placed  under  the  Board  of 

Public  Works,  the  Engineering  Department. 

§  2.  There  may  be  the  number  of  officers  and  employes  pre- 
scribed in  this  ordinance  and  no  more  in  said  department  and 
their  salaries  and  compensation  shall  not  be  greater  than  the 
maximum  rates  as  fixed  in  this  ordinance,  but  may  be  fixed  by 
the  Board  of  Public  Works  at  any  rate  less  than  the  said  maxi- 
mum rate  as  fixed  in  this  ordinance,  and  the  pay  rolls  for  said 
deartment  shall  be  made  up,  certified  and  registered  each  week 
in  accordance  with  the  provisions  of  an  ordinance  entitled  "An 
ordinance  prescribing  the  manner  in  which  claims  against  the 
city  of  Louisville,  including  salaries  and  wages  of  its  officers 
and  employes,  shall  be  made  and  paid,"  and  approved  December 
27,  1917. 

§  3.  Officers  and  employes  and  their  salaries  and  compensa- 
tion : 

Compensation 
Per  Annum. 

Chief  Engineer   • $4,000.00 

First  Assistant  Engineer 2,500.00 

Second  Assistant  Engineer 2,000.00 

Five  Assistant  Engineers  at  $1,500  each,  per  annum.  .   7,500.00 
Two  Assistant  Engineers  at  $1,200  each,  per  annum.  .   2,400.00 

Four  Levelmen  at  $780  each,  per  annum.  . . 3,120.00 

Three  Transitmen  at  $660  per  annum,  each 1,980.00 

Five  Rodmen  at  $540  each,  per  annum 2,700.00 

One  Chief  Draftsman 1,500.00 

Four  Draftsmen  at  $1,500  each,  per  annum 6,000.00 

Calculator    1,500.00 

Chemist    1,500.00 

Assistant  Chemist 1,320.00 

Superintendent  of  Street  Construction  and  Repairs.  .  .    1,500.00 


ENGINEERING  DEPARTMENT.  253 

Superintendent  of  Sewer  Construction  and  Repairs.  .  .$1,500.00 

Two  Assistant  Superintendents  of  Street  Construction 

at  $1,500  each,  per  annum 3,000.00 

One  Assistant  Superintendent  of  Sewer  Construction.  .  1,500.00 

Chief  Clerk  to  Chief  Engineer 1,200.00 

Bookkeeper   1,320.00 

Stenographer  and   File   Clerk 1,200.00 

Chief  Clerk  of  Sewers. 1,200.00 

Assistant  Clerk  of  Sewers 1,000.00 

Two  Automobile  Mechanics  at  $1,200  each,  per  annum  2,400.00 

Two  Clerks  at  $1,200  each,  per  annum 2,000.00 

Two  Clerks  at  $1,000  each,  per  annum - 2,000.00 

Four  Timekeepers  at  $1,000  each,  per  annum 4,000.00 

Superintendent  of  Garage 1,500.00 

Chief   Mechanic    1,500.00 

The    following     employes    shall    be    paid,    respectively,    the 
amounts  shown  below  for  services  actually  rendered  :- 

Not  more  than  40  Supervisors  at,  per  day $3.50 

Not  more  than  10  Foremen,  per  day 4.00 

Chauffeurs,  per  day 3.50 

Truck  Chauffeurs,  per  day 4.00 

Watchmen,   per   day 2.50 

Blacksmith  Foreman,  per  hour 60 

Blacksmiths,  per  hour 50 

Blacksmith  Helpers,  per  hour 25 

Bricklayers,  per  hour 85 

Brick  Pavers,  per  hour 441/2 

Carpenters,  per  hour ,  .      .60 

Cement  Finishers,  per  hour 50 

Curb  Setters,  per  hour 60 

Enginemen,  per  hour 441/2 

Granite  Pavers,  per  hour 551/2 

Horseshoers,  per  hour 4414 

Laborers,   per  hour 30 

Painters,   per  hour 621/2 

Pipe  Layers,  per  hour 35 

Plasterers,  per  hour 75 

Plumbers,   per  hour 70 

Rammermen,  per  hour 441/2 


254 EXPENDITURE  OF  MONEY. 

Skilled  Laborers,  per  hour $0.35 

Stonecutters,  per  hour 60 

Trench  Bracers,  per  hour. 30 

Two  Animal  Teams,  including-  Driver,  per  day 6.00 

Rock  Breakers,  per  cubic  yard 50 

§  4.  The  Board  of  Public  Works,  in  case  of  an  emergency, 
and  with  the  approval  of  the  Mayor,  shall  have  the  power  to 
employ  additional  help  in  the  said  department  herein  mentioned, 
the  salaries  of  the  same  to  be  fixed  by  the  Board  of  Public  Works 
and  the  names  of  such  employes  shall  appear  on  the  regular  pay 
roll  as  "Special  Employes."  Said  special  employes  may  be  dis- 
missed at  any  time  by  the  Board  of  Public  Works. 

§  5.  The  ordinance  approved  August  23,  1919,  entitled  "An 
ordinance  concerning  the  Engineering  Department,  placing  same 
under  the  Board  of  Public  Works,  and  fixing  the  number,  salaries 
and  compensation  of  the  officers  and  employes  in  said  depart- 
ment, and  all  ordinances  and  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  6.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage.     (Approved  November-  7,  1919.) 


EXPENDITURE  OF  MONEY. 

What  Ordinances  and  Resolutions  Therefor  Shall  State. 

AN  ORDINANCE  providing  for  the  maximum  cost  of  work  and 
the  fund  to  which  it  is  chargeable,  to  be  inserted  in  all  ordi- 
nances and  resolutions  involving  the  expenditure  of  money. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.     That  hereafter  all  ordinances  and  resolutions  introduced 

into  the  General  Council,  involving    the  expenditure  of  money, 

shall  contain  the  maximum  cost  of  the  work  or  labor  to  be  done, 

or  material  furnished,  certified  to  by  the  head  of  the  department 

having  same  in  charge,  together  with  the  name  of  the  fund  to 

which  same  shall  be  charged;  and  no  more  than  said  maximum 

price  shall  ever  be  paid  for  said  labor,  work,  or  material. 

§  2.     All  ordinances  in  conflict  herewith  are  hereby  repealed. 

§  3.     This  ordinance    shall    take  effect  from  its  publication. 

(Approved  February  29,  1896.) 


EXPLOSIVES.  255 


(1)   EXPLOSIVES. 

Regulating  the  Use  of  Blank  Cartridges. 

AN  ORDINANCE  concerning'  blank  cartridges  which  may  be 
used  to  produce  an  explosion  by  the  aid  of  a  pistol  or  other 
device. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  It  shall  be  unlawful  for  any  person,  firm  or  corporation 
in  the  city  of  Louisville  to  sell,  give  away  or  to  dispose  of  in  any 
manner  or  form,  except  as  hereinafter  provided,  any  blank 
cartridge  or  cartridges  of  any  sort,  size  or  kind  without  a  leaden 
bullet  or  leaden  substance  therein,  but  which  shall  or  might  be 
used  or  employed  to  produce  an  explosion  by  the  aid  of  a  pistol 
or  by  any  other  device. 

§  2.  It  shall  be  unlawful  for  any  person  or  persons  to  use  or 
explode,  or  cause  to  explode  by  pistol  or  any  other  device,  a  blank 
cartridge  or  blank  cartridges  upon  any  of  the  streets,  highways, 
alleys  or  lots  in  the  city  of  Louisville. 

§  3.  The  sections  of  this  act  shall  not  apply  to  sales  *made  of 
blank  cartridges  on  permits  issued  by  the  Board  of  Safety  to 
owner  or  managers  of  theaters  for  use  on  the  stage  during  per- 
formances at  said  theaters,  nor  to  any  officer  of  a  regularly 
organized  military  company  or  drill  corps,  to  be  used  by  said 
company  or  corps  within  an  inclosed  lot,  room  or  space,  and  for 
drill  purpose  only. 

§  4.  Any  person,  firm  or  corporation  violating  any  provision 
of  this  ordinance  shall,  upon  trial  and  conviction,  be  subject  to 
a  fine  of  not  less  than  $10  nor  more  than  $50  for  each  offense. 

§  5.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  6.  This  ordinance  shall  take  effect  from  its  passage.  (Ap- 
proved February  16,  1904.) 


256  EXPLOSIVES. 


(2)    EXPLOSIVES. 

Use  Thereof  for  Celebration. 

AN  ORDINANCE  relating  to  the  use  of  explosives  intended  for 
celebration. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  no  person  shall,  at  any  time,  discharge  or  set  off 
anywhere  within  the  city,  or  sell  or  offer  for  sale,  any  blank  pis- 
tols, blank  cartridges,  cane  ammunition  or  canes  for  exploding 
same,  cannon  crackers,  or  any  firecrackers  exceeding  two  inches 
in  length  by  one-fourth  inch  in  diameter,  or  firecrackers  of  any 
size  containing  explosives  stronger  than  ordinary  powder, 
Turkish  crackers,  torpedoes,  except  the  ordinary  commercial  toy, 
or  any  other  article  loaded  with  the  two  chemicals,  chlorate  of 
potash  and  sulphur. 

§  2.  That  any  person,  firm  or  corporation  violating  the  pro- 
visions of  this  ordinance  shall,  upon  conviction  thereof,  be  fined 
in  any  sum  not  exceeding  one  hundred  ($100)  dollars  for  each 
offense  or  imprisoned  not  exceeding  thirty  (30)  days,  or  both, 
at  the  discretion  of  the  court. 

§  3.  This  ordinance  shall  take  effect  and  be  in  force  after 
January  1,  1911. 

§  4.  That  all  other  ordinances  or  parts  of  ordinances  in  con- 
flict herewith  are  hereby  repealed.  (Ai^proved  November  16, 
1910.) 


(3)  EXPLOSIVES. 
Regulating  Storage  and  Transportation  Thereof. 

AN  ORDINANCE  regulating  the  storage  and  transportation  of 

dynamite  and  nitroglycerine  and  other  high  explosives  in  the 

city  of  Louisville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.     That  no  person,  firm  or  corporation  shall  use  or  occupy 

in  the  city  of  Louisville  as  a  place  for  the  storage  of  dynamite, 

or  nitroglycerine,   or   substances   containing  nitroglycerine,   or 

any  high  explosive  or  whatever  name  or  composition,  any  house 

located  within  two  hundred  yards  of    any  other    building,  nor 

then,  unless  such  house  be  fireproof  and  fully  protected    from 

lightning  and  enclosed  within  a  fence  twelve  feet  high. 


EXPLOSIVES.  257 


§  2.  No  person  shall  have  in  any  house  or  place  in  the  city 
of  Louisville,  or  other  than  a  house  or  place  as  described  in  sec- 
tion 1  of  this  ordinance,  a  quantity  of  dynamite  or  nitro- 
glycerine, or  substances  containing  nitroglycerine,  or  any  high 
explosive  of  whatever  name  or  composition,  exceeding  twenty- 
five  pounds,  from  7  o'clock  p.  m.  to  5  o'clock  a.  m. 

§  3.  This  ordinance  shall  prohibit  the  keeping  of  as  much  as 
seventy-five  pounds  of  dynamite,  or  nitroglycerine,  or  substances 
containing  nitroglycerine,  or  any  high  explosive  of  whatever 
name  or  composition,  for  sale  or  shipment  in  a  storehouse  or 
elsewhere  in  the  city  of  Louisville,  during  the  day  from  dawn 
to  sunset,  provided  that  a  common  carrier  shall  be  allowed  forty- 
eight  hours  in  which  to  store  or  dispose  of  such  explosive  after 
giving  prompt  notice  to  the  consignee  of  its  arrival,  to  receive 
same,  and  such  consignee  failing  to  promptly  receive  and  dis- 
pose of  same  as  herein  provided  after  such  notice  shall  be  liable 
to  the  penalties  herein  provided. 

§  4,  No  person,  firm  or  corporation  shall  transport  any  quan- 
tity of  dynamite,  nitroglycerine,  or  substances  containing  nitro- 
glycerine or  any  quantity  of  any  high  explosive  of  whatever 
name  or  composition,  over  the  streets  of  the  city  of  Louisville, 
except  in  a  wagon  or  vehicle  with  springs  and  built  or  made  to 
protect  the  same  from  explosion  from  heat  or  collision  with 
other  vehicles  or  objects,  and  unless  such  wagon  or  vehicle  is 
labeled  on  both  sides  in  large  letters  with  the  name  of  the  explo- 
sive being  carried, 

§  5.  Any  person,  firm  or  corporation  violating  any  of  the  pro- 
visions of  this  ordinance,  on  conviction  thereof,  shall  be  pun- 
ished by  a  fine  for  each  offense  of  not  less  than  fifty  ($50)  dol- 
lars or  more  than  one  hundred   ($100)   dollars. 

§  6.  This  ordinance  shall  go  into  effect  from  and  after  its 
passage  and  publication,  and  all  ordinances  in  conflict  herewith 
are  hereby  repealed.  (Approved  April  6,  1911.)  (See  also 
Petroleum. ) 


258 EXPOSURE  OF  PERSON — FIRE  DEPARTMENT. 

EXPOSURE  OF  PERSON. 

AN  ORDINANCE  in  relation  to  exposure  of  person. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  any  person  who  shall  expose  his  or  her  person 
indecently,  or  cause  any  person  to  do  so,  within  the  city  limits, 
shall  be  fined  one  hundred  ($100)  dollars  for  each  offense. 

§  2.  That,  in  addition  to  imposing  a  fine,  the  police  court 
may  hold  the  offender  for  bail  in  a  sum  not  exceeding  one  thou- 
sand ($1,000)  dollars,  to  be  for  said  oflfender's  good  behavior 
for  any  length  of  time  not  exceeding  one  year. 

§  3.  Should  the  offender  fail  to  pay  the  fine  or  fail  to  give 
bond,  he  or  she  shall  forthwith  be  committed  to  the  city  work- 
house, to  be  kept  in  custody  until  bail  be  given,  or  until  the  time 
fixed  by  the  judge  expires,  and  the  fine  be  paid  or  satisfied  by 
labor,  as  provided  by  law. 

§  4.     All  ordinances  in  conflict  with  this  are  hereby  repealed. 

§  5.  This  ordinance  shall  take  effect  from  and  after  its  pub- 
lication.    (Approved  Jidy  18,  1898.)      (See  also  Bathing.) 


FIRE  AND  POLICE  DEPARTMENTS. 

Detailing  Men  From. 

AN  ORDINANCE  to  prevent  the  detailing  of  men  from  the  Fire 
Department  or  Police  Department  to  work    that    does    not 
strictly  pertain  to  said  departments. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  hereafter  it  shall  constitute  a  violation  of  the  rules 
of  said  departments  for  any  officer  or  officers  from  the  Board 
of  Public  Works,  Board  of  Public  Safety,  Fire  Department,  or 
Police  Department,  to  detail  any  of  the  men  to  work  that  does 
not  strictly  pertain  to  the  duties  of  said  department,  as  herein- 
after provided. 

§  2.  Said  oflficer  or  officers  who  may  violate  this  ordinance 
by  detailing  men  from  either  one  of  said  departments  to  do  car- 
penter's, bricklayer's,  painter's,  plasterer's,  or  any  other  kind 
of  work  that  does  not  belong  to  the  duties  of  an  employe  of  said 


FIRE  ALARM  TELEGRAPH.  259 

departments,  shall  be  found  guilty  of  violating  the  rules  of  said 
departments,  and  be  at  once  discharged  by  the  Mayor  or  the 
respective  boards. 

§  3.  This  ordinance  shall  only  apply  to  work,  the  cost  of 
which  exceeds  the  sum  of  ($10)  ten  dollars. 

§  4.  This  ordinance  shall  go  into  effect  from  and  after  its 
passage  and  publication.     (Approved  June  13,  1898.) 

(See  also  Police,  Private  Watching.) 


FIRE  ALARM  TELEGRAPH. 

Protection  Thereof. 

AN  ORDINANCE  to  protect  the  Fire  Alarm  Telegraph  of  the 

city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  Whoever  shall  willfully  and  improperly  interfere  with, 
deface,  destroy,  or  injure  the  Fire  Alarm  Telegraph,  or  any  part 
thereof,  or  any  of  its  appurtenances,  or  shall  unlawfully  do  any- 
thing to  the  same  so  as  to  prevent  or  delay  or  with  a  view  to  pre- 
vent or  delay  the  proper  and  timely  use  thereof,  shall  for  each 
offense  be  fined  not  less  than  twenty-five  ($25)  dollars  nor  more 
than  one  hundred  ($100)   dollars. 

§  2.     It  shall  be  unlawful  for  any  one  to  open  any  of  the  sig- 
nal boxes,  except  with  the  keys  furnished  by  the  superintendent 
.of  the  Fire  Alarm  Telegraph;  and  whoever  shall  violate  the  pro- 
visions of  this  section  shall  be  fined,  for  each    offense,  not  less 
than  five  ($5)   dollars  nor  more  than  twenty-five   ($25)   dollars. 

§  3.  It  shall  be  unlawful  for  any  one  not  authorized  thereto 
by  the  properly  constituted  city  authorities  to  have  made,  or  use, 
or  keep  any  key  with  which  to  open  any  time  any  of  the  signal 
boxes ;  and  for  a  violation  of  any  of  the  provisions  of  this  sec- 
tion, the  party  offending  shall  be  fined  not  less  than  twenty-five 
($25)  dollars  nor  more  than  one  hundred  ($100)  dollars  for 
each  offense. 

§  4.  Parties  fined  under  any  of  the  provisions  of  either  of 
the  sections  of  this  ordinance  shall  be  confined  in  the  city  work- 
house until  said  fine  shall  be  paid,  as  provided  and  permitted  by 
the  city  charter.     (Approved  May  31,  1865.) 


260  FIRE  DEPARTMENT. 


FIRE  DEPARTMENT. 
Employes — Salaries. 

AN  ORDINANCE  concerning  the  Fire  Department  of  the  city 
of  Louisville  placing  the  same  under  the  Board  of  Public 
Safety,  and  fixing  the  number,  salaries  and  compensation  of 
the  officers  and  employes  therein. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  Fire  Department  within  and  for  the  city  of 
Louisville  be  and  the  same  is  hereby  created  and  placed  under 
the  Board  of  Public  Safety  as  authorized  by  law. 

§  2.  There  may  be  in  said  department,  to  be  appointed  by 
the  Board  of  Public  Safety,  the  number  of  oflficers  and  employes 
prescribed  in  this  ordinance,  and  no  more,  and  their  salaries  and 
compensation,  to  be  approved  by  the  Board  of  Public  Safety, 
shall  be  no  more  than  the  sums  fixed  by  this  ordinance,  and  the 
pay  rolls  for  the  said  department  shall  be  made  up,  certified  and 
registered  and  said  salaries  and  compensation  shall  be  payable 
in  accordance  with  the  provisions  of  this  ordinance  and  other 
ordinances  covering  the  subject  of  pay  rolls,  claims  and  salaries 
and  not  otherwise,  to-wit: 

FIRE  CORPS. 

1  Chief  at  a  salary  per  annum  of $4,000.00 

4  Assistant  Chiefs  at  a  salary  per  annum  of  $2,000 

each    8,000.00 

1  Secretary  at  a  salary  per  annum  of 1,650.00 

1  Assistant  Secretary  at  $3.50  per  day,  aggregating 

per  annum   1,095.00 

30  Captains  (including  Drill  Master)  at  $4.50  a  day 

each,  aggregating  per  annum 49,275.00 

31  Lieutenants    (including  Assistant  Drill   Master) 

at  $4.20  a  day  each,  aggregating  per  annum . .  .   47,523.00 
22  Engineers  at  $4.20  per  day  each,  aggregating  per 

annum    33,726.00 

211  Privates  at  $4.00  per  day  each,  aggregating  per 

annum    308,060.00 


FIRE  DEPARTMENT.  261 


FIRE  ALARM  CORPS. 

1  Chief  Operator  at  an  annual  salary  of $2,000.00 

4  Telegraph    Operators    at    $4.50    per    day    each, 

aggregating  per  annum 6,570.00 

3  Telephone  Operators  at  $4.20    per    day,  aggre- 

gating per  annum 4,599.00 

6  Linemen  at  $5.25  a  day    each,  aggregating    per 

annum    11,497.50 

REPAIR  CORPS. 

1  Master  Mechanic  at  a  salary  per  annum  of $2,150.00 

1  Foreman  at  a  salary  per  annum  of 2,000.00 

4  Machinists  at  $5.60  a  day  each  (except  Sundays), 

aggregating  per   annum 7,011.20 

2  Hydrantmen  at  $6.07  a  day  each    (except  Sun- 

days) ,  aggregating  per  annum 3,799.82 

2  Painters  at  $5.00  a  day  (except  Sundays) ,  aggre- 
gating per  annum 3,130.00 

1  Harnessmaker  at  $4.00  per  day  (except  Sun- 
days), aggregating  per  annum 1,252.00 

1  Blacksmith  at  $4,50  per  day    (except  Sundays), 

aggregating  per  annum 1,408.50 

1  Blacksmith  Helper  at  $3.50  per  day  (except  Sun- 
days), aggregating  per  annum 1,095.50 

1  Clerk  at  $3.85  per  day  (except  Sundays),  aggre- 
gating per  annum 1,205.05 

1  Supply  Wagon  Driver  at  $3.50  a  day,  aggregating 

per  annum.  1,277.50 

330  members  at  a  total  of $502,325.07 

§  3.  There  shall  be  not  less  than  one  substitute  fireman  for 
each  company.  The  Board  of  Public  Safety  is  further  em- 
powered to  employ  such  additional  help  as  may  be  necessary  in 
the  repair  shop  not  exceeding  fifteen  men  at  any  one  time,  to  be 
approved  by  the  Board  of  Public  Safety,  and  whose  salaries  shall 
be  fixed  by  the  Board  of  Public  Safety,  and  whose  names  shall 
appear  on  the  regular  pay  roll  of  the  repair  shop  as  special  men, 
but  who  may  be  dismissed  at  any  time  by  the  Board  of  Public 
Safety,  and  shall  not  be  considered  regular  or  uniformed  men. 


262  FIRE  DEPARTMENT. 


The  Board  of  Public  Safety  in  case  of  emergency,  and  with 
the  approval  of  the  Mayor,  shall  have  the  power  to  employ  addi- 
tional help  in  the  Fire  Department,  not  exceeding  ten  men,  the 
salaries  and  compensation  of  same  to  be  fixed  by  the  Board  of 
Public  Safety,  and  the  names  of  such  employes  shall  appear  on 
the  regular  pay  roll  as  "special  employes"  and  said  special 
employes  may  be  dismissed  at  any  time  by  the  Board  of  Public 
Safety. 

§  4.  The  ordinance  approved  September  29,  1919,  and 
entitled  "An  ordinance  concerning  the  Fire  Department  of  the 
city  of  Louisville,  placing  the  same  under  the  Poard  of  Public 
Safety,  and  fixing  the  number,  salaries  and  compensation  of  the 
officers  and  employes  therein,"  and  all  ordinances  and  parts  of 
ordinances  in  conflict  herewith  are  hereby  repealed. 

§  5.  This  ordinance  shall  take  effect  and  be  in  force  on  and 
after  its  passage.     {Api-)roved  October  22,  1919.) 


(2)  FIRE  DEPARTMENT.- 

Government. 

AN  ORDINANCE    providing    for    the    government  of  a  Fire 

Department  of  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  Fire  Department  of  the  city  of  Louisville  shall 
consist  of  no  less  than  twenty  engine  companies,  five  hook  and 
ladder  companies,  one  water  tower  company,  with  such  hose  and 
reels  and  fuel  wagons  as  may  be  necessary  to  properly  equip  the 
same ;  also  a  repair  shop  to  repair  engine  apparatus,  etc. ;  also 
a  fire  alarm  telegraph. 

§  2.  The  qualifications  for  officers  or  employes  of  the  Fire 
Department  shall  be  the  qualifications  required  by  section  105 
of  the  "Act  for  the  government  of  cities  of  the  first  class," 
approved  July  1,  1893. 

§  3.  The  chief  fireman  shall  be  appointed  by  the  Board  of 
Public  Safety,  and  shall  hold  his  office  during  the  pleasure  of 
said  board. 


FIRE  DEPARTMENT.  263 


§  4.  All  officers  and  employes  of  the  Fire  Department  shall 
reside  within  as  convenient  distance  of  the  stations  of  their 
respective  companies  as  possible,  and  the  duties  assigned  to 
them  shall  be  strictly  complied  with. 

§  5.  The  chief  fireman  shall  make  a  complete  and  full  report 
of  the  expense  of  the  Fire  Department  for  each  month ;  which 
report  shall  be  transmitted  by  him  to  the  Board  of  Public 
Safety,  and  by  said  Board  of  Public  Safety  to  the  Comptroller 
for  registration  and  presentation  to  the  General  Council  for 
allowance.  In  such  cases  where  such  presentation  to  the  Gen- 
eral Council  is  required  under  ordinance  covering  pay  rolls  and 
payment  of  claims  by  the  city  of  Louisville,  said  report  shall  be 
made  and  transmitted  as  soon  as  practicable  after  the  close  of 
each  month,  and  shall  embrace  each  and  every  expense  incurred 
by  the  department  during  the  month  for  which  it  was  made, 
certified  by  the  Secretary  of  the  Fire  Department  and  by  the 
chief  fireman  and  approved  by  the  Board  of  Public  Safety.  The 
form  of  the  report  shall  be  the  form  provided  by  the  Comptrol- 
ler, and  shall  be  supplied  by  the  City  Buyer  upon  proper  requisi- 
tion. In  making  up  said  report  the  following  system  shall  pre- 
vail, viz. : 

One  sheet  to  be  used  for  the  chief  fireman  and  his  staff  and 
the  expenses  of  his  office,  one  for  the  fire  alarm  telegraph  corps, 
one  for  the  repair  shop  and  expenses  thereof,  and  one  for  each 
company.  In  each  case  the  officers  or  emploj^es  shall  be  entered 
first  in  the  order  of  their  rank,  and,  after  aggregating  the  same, 
the  miscellaneous  expenses  of  said  companies  shall  then  be 
entered  in  detail  and  in  the  aggregate,  and  said  pay  roll  shall 
be  certified  by  the  captain  of  said  company  by  signing  this  way 
and  shall  be  delivered  to  the  Secretary  of  the  Fire  Department. 
Said  report  of  such  captains  of  each  company  shall  show  the 
exact  time  served  by  each  member  of  his  company  and  the  period 
covered  by  said  report. 

The  Secretary  shall  also  keep  an  account  with  each  company, 
the  machine  shop  and  telegraph  corps,  etc.,  and  charge  to  said 
accounts  every  item  furnished  each  of  said  companies  during 
each  month  after  September  1,  1908. 

Said  Secretary  shall  tabulate  and  show  on  said  inventory 
sheets  on  October  1,  1908,  the  amount  of  the  inventory  of  Octo- 
ber 1,  1908,  the  cost  of  all  the  items  charged  to  each  company 


264  FIRE  DEPARTMENT. 


during  the  previous  month,  the  amount  of  the  inventory  of  Sep- 
tember 1,  1908,  and  the  net  quality  and  cost  of  each  item  used 
by  each  company  during  September,  1908,  and  each  monthly 
inventory  thereafter  shall  give  the  same  information  for  the 
preceding  month. 

These  monthly  inventories  shall  be  kept  in  the  Board  of  Pub- 
lic Safety  and  entered  upon  a  summary  sheet.  Said  summary 
sheet  shall  be  so  arranged  as  to  show  clearly  the  cost  of  main- 
tenance of  each  company  for  each  month. 

Each  company  shall  be  put  upon  a  competitive  basis  as  far  as 
may  be  practicable  without  impairing  the  efficiency  of  the 
department,  and  each  captain  will  be  held  accountable  for  the 
expenses  and  efficiency  of  his  company,  and  the  results  obtained 
by  each  captain  will  be  duly  considered  in  making  promotions. 

An  annual  inventory  of  all  material  and  supphes,  commencing 
September  1,  1908,  will  be  taken  of  the  machine  shop  on  suit- 
able sheets  furnished  by  the  City  Buyer  on  proper  requisition. 
Said  inventory  shall  embrace  every  item  in  the  repair  shop  and 
show  the  cost  of  same.  One  copy  of  this  inventory  will  be  kept 
by  the  Master  Mechanic,  one  copy  in  the  office  of  the  Chief  Fire- 
man and  one  copy  in  the  office  of  the  Board  of  Public  Safety. 

§  6.  Neither  the  Chief  Fireman,  Assistant  Chief  Fireman, 
Captains,  Secretary  nor  other  officer  or  employe  of  the  Fire 
Department  shall  be  permitted  to  purchase  or  contract  for  any 
article  or  thing  whatever,  for  the  use  of  said  department,  or  to 
accept  any  article  or  service  by  which  the  city  may  become 
liable,  except  as  provided  in  section  10  hereof.  All  animals, 
apparatus,  equipment,  forage,  fuel  or  other  articles  or  supplies 
and  repairs  shall  be  obtained  by  requisition  upon  the  City 
Buyer.  Requisitions  for  companies'  supplies  shall  be  signed  by 
the  captains  and  approved  by  the  assistant  chief  of  the  dis- 
trict and  by  the  chief  fireman;  for  telegraph  supplies  by  the 
chief  telegraph  operator,  and  approved  by  the  chief  fireman;  for 
repair  shop  supplies  by  the  master  mechanic,  and  approved  by 
.  the  chief  fireman ;  and  for  the  office  of  the  chief  fireman,  by  the 
secretary,  and  approved  by  the  chief  fireman,  transmitted 
through  the  Board  of  Public  Safety,  and  with  its  approval  to 
the  City  Buyer,  to  be  supplied  by  him. 

§  7.  Any  captain,  clerk  or  other  person  whose  duty  it  is  to 
make  a  pay  roll  report,  shall,  for  failure  to  include  all  of    the 


FIRE  DEPARTMENT.  265 


expenses  for  each  month  for  which  the  pay  roll  report  is  made, 
or  intended  to  be  made,  be  reported  by  chief  fireman  to  the 
Board  of  Public  Safety. 

§  8.  For  intentionally  making  any  false  entry  or  statement 
upon  any  book,  pay  roll  or  report,  in  addition  to  the  penalty  now 
prescribed  by  law,  such  persons  so  making  such  false  entry  or 
statement  may  be  charged  therewith  by  the  Mayor  before  the 
Board  of  Public  Safety,  and,  if  found  guilty,  be  at  once  dismissed 
from  the  services  by  the  Board  of  Public  Safety,  and  forever  be 
incapacitated  from  holding  any  office  or  place  in  the  Fire 
Department,  or  in  any  other  department  of  the  city. 

§  9.  The  chief  fireman  shall  be  the  superintendent  of  the  fire 
alarm  telegraph;  he  shall  see  that  the  same  is  kept  in  proper 
working  order,  and  may,  with  the  approval  of  the  Board  of  Pub- 
lic Safety,  make  such  rules  and  regulations  as  may  be  deemed 
necessary  to  secure  the  greatest  efficiency  and  the  proper  govern- 
ment and  protection  thereof. 

§  10.  The  chief  fireman  and  his  assistants  are  hereby  clothed 
with  full  police  authority  in  all  matters  relating  to  the  Fire 
Department,  and  should  an  occasion  arise  where  the  force  of 
firemen  on  duty  at  a  fire  is  inadequate  to  arrest  the  progress  of 
such  fire,  protect  life  and  property  and  maintain  order,  said 
chief  firemen  or  his  assistant  who  may  be  in  command,  may  for 
such  occasion  employ  additional  force,  and  report  the  name  or 
names  of  said  person  or  persons  so  employed  to  the  Board  of 
Public  Safety  for  authority  for  payment;  upon  granting  such 
authority  their  names  shall  be  entered  upon  the  pay  roll  report 
of  the  company  with  which  said  person  served  for  the  period  in 
which  the  work  was  performed;  provided,  however,  nothing 
herein  shall  be  construed  to  be  authority  for  the  employment  of 
anyone  to  be  paid  by  the  city  as  a  substitute  for  an  absentee; 
and,  provided,  further,  that  the  amount  allowed  them  does  not 
exceed  the  pay  of  regular  firemen. 

§  11.  The  chief  fireman  and  his  assistants  and  captains  are 
hereby  authorized,  and  it  shall  be  their  duty,  to  visit  any  house, 
yard  or  premises  wherein  it  is  known  or  supposed  that  any  char- 
acter of  stock,  material  or  fixtures  exist  which  may  be  danger- 
ous in  promoting  fire ;  and  upon  examination  thereof  should  any 
such  danger  be  deemed  to  exist  the  chief  fireman  shall  report  the 
same  in  writing  to  the  Board  of  Public  Safety,  and  if  said  board 


266  FIRE  DEPARTMENT. 


shall  also  deem  such  danger  to  exist,  it  shall  direct  in  writing 
the  owner  or  agent  or  occupant  of  the  premises  containing  such 
stock,  material  or  fixtures  to  remove  or  alter  the  same  in  such 
manner  as  to  remove  such  danger;  and  should  the  person  so 
notified  fail  or  refuse  to  so  remove  or  alter  same  for  five  days 
after  receiving  said  notice,  he  shall  be  fined  in  a  sum  of  not  less 
than  ten  nor  more  than  fifty  dollars,  and  each  day  he  fails  or 
refuses  so  to  do  shall  be  a  separate  offense. 

§  12.  Each  assistant  chief  fireman,  in  his  respective  district, 
shall  see  that  each  company  is  supplied  with-  all  things  neces- 
sary to  secure  the  greatest  efficiency,  and  that  the  fire  hydrants 
and  cisterns  are  in  order  and  properly  supplied  with  vv'ater. 
The  headquarters  of  the  assistant  chief  fireman  shall  be  at  such 
place  within  his  district  and  he  shall  have  such  office  hours  as 
the  chief  fireman  may  prescribe. 

§  13.  All  officers  of  the  Fire  Department,  all  of  the  members 
of  the  fire  corps  and  fire  alarm  telegraph  corps,  regularly  mem- 
bers of  the  Fire  Department,  and  who  during  the  previous 
twelve  months  have  received  pay  for  not  less  than  two  hundred 
days'  time,  and  whose  duties  require  of  them  both  day  and  night 
service,  be  and  are  hereby  granted  leave  of  absence  for  ten  days 
in  each  year  without  loss  of  pay  or  salary  at  such  time  in  the 
year  as  the  Board  of  Public  Safety  and  Chief  of  said  department 
may  determine. 

The  places  of  all  firemen  and  officers  who  may  be  granted  the 
ten  days'  leave  of  absence  as  herein  provided,  may  be  filled  by 
regularly  appointed  substitute  firemen,  whose  names  shall  be 
entered  upon  the  pay  roll  of  the  company  in  which  they  serve 
for  the  actual  time  they  so  substitute,  at  the  same  compensation 
paid  the  men  serving  in  the  capacity  in  which  said  substitute 
may  serve. 

All  officers  of  the  Fire  Department,  all  of  the  members  of  the 
fire  corps  and  fire  alarm  telegraph  corps,  regularly  members  of 
the  Fire  Department,  be  and  are  hereby  granted  leave  of 
absence  for  three  days  of  twenty-four  hours  each,  without  loss 
of  pay  or  salary,  in  the  event  of  the  death  of  a  parent,  child, 
wife,  sister  or  brother  of  any  such  officer  or  fireman.  Said  days 
are  to  count  from  the  time  of  the  death  of  such  relative;  this 
leave  of  absence  shall  not  be  granted  in  the  event  such  relative 
die  and  be  interred  away  from  the  city  of  Louisville,  except  such 


FIRE  DEPARTMENT.  267 


officer  or  fireman  attend  the  funeral  of  such  deceased  relative. 

The  Board  of  Public  Safety  shall  by  rules,  to  be  adopted  by 
them,  fix  the  hours  of  duty  for  the  members  of  the  Fire  Depart- 
ment; such  rules  shall  allow  a  total  of  time  off  duty  of  not  less 
than  seventy-two  hours  in  each  month  without  loss  of  pay  or 
salary;  provided,  however,  that  under  the  rules  so  adopted  by 
the  Board  of  Public  Safety,  any  officer  or  member  of  the  Fire 
Department  shall  have  hours  of  relief  from  duty  on  any  regular 
election  day  or  primary  election  day  or  day  of  registration  in  the 
city  of  Louisville,  he  shall,  though  not  on  active  duty,  neverthe- 
less on  that  day  go  dressed  in  his  regular  uniform ;  no  officer  or 
member  of  said  department  shall  on  any  said  such  day  be  at  or 
about  any  place  of  election  or  registration,  except  as  herein  pro- 
vided for  the  purpose  of  registering  or  voting.  Officers  or  mem- 
bers of  said  department,  who  under  said  rules  are  on  active  duty 
during  the  hours  of  election  or  registration  shall  not  absent 
themselves  from  the  engine  house,  company  or  regular  place  of 
duty  on  any  regular  election  day  or  primary  election  day  in  the 
city  of  Louisville  except  for  a  period  not  exceeding  two  hours, 
during  which  he  shall  be  permitted  to  go  dressed  in  his  regular 
unifonii  to  his  own  precinct  to  cast  his  vote,  if  he  so  desires, 
and  for  no  other  purpose  whatever;  and  leaves  of  absence  on 
such  election  day  shall  be  regulated  by  the  Chief  of  the  Fire 
Department  and  the  captain  of  each  company,  that  not  exceeding 
two  members  of  any  company  who  under  the  rules  of  the  Board 
of  Public  Safety  shall  be  on  duty  at  that  time  shall  be  absent 
from  the  engine  house,  company  or  regular  place  of  duty  at  any 
one  time  to  cast  their  votes  as  aforesaid. 

§  14.  It  shall  be  the  duty  of  the  Chief  of  the  Fire  Depart- 
ment to  cause  to  be  kept  a  public  register  of  the  hours  of  active 
duty  for  each  officer  and  member  of  said  department  and  of 
any  leaves  of  absence  which  may  be  granted  to  any  said  officers 
or  members  of  said  department;  so  that  it  may  be  shown  at  any 
time  on  examination  of  said  register,  which  shall  be  open  during 
office  hours  on  each  day  and  subject  to  the  inspection  of  any 
citizen  or  officer  of  the  city,  what  officers  or  members  of  said 
department  were  on  or  off  duty,  or  on  leave  of  absence,  the  dates 
and  hours  thereof  in  each  month. 

§  15.  That  it  shall  be  unlawful  for  the  chief  engineer,  any 
assistant  chief    engineer'  or  other    officers,  fireman  or  member 


268  ■     FIRE  DEPARTMENT. 


of  the  Fire  Department  of  the  city  of  Louisville  to  engage  in 
electioneering  or  take  any  part  in  a  regular  or  primary  election 
held  in  the  city  of  Louisville,  except,  while  dressed  in  his  regular 
uniform,  to  attend  at  his  own  precinct  to  cast  his  vote  as  pro- 
vided for  in  the  first  section  of  this  ordinance;  and  any  such 
officer,  fireman  or  member  of  said  department  who  shall  be 
absent  on  any  day  from  his  engine  house,  company  or  regular 
place  of  duty,  except  during  the  hours  where  under  the  rules  of 
the  Board  of  Public  Safety  he  shall  be  excused  from  duty,  or 
except  while  dressed  in  his  regular  uniform,  for  the  period  of 
not  exceeding  two  hours  at  his  own  precinct  on  regular  or  pri- 
mary election  day,  in  the  city  of  Loiusville,  for  the  purpose  of 
casting  his  vote,  shall  be  subjected  to  a  fine  of  not  less  than  fifty 
($50.00)  dollars  nor  more  than  one  hundred  ($100.00)  dollars 
for  each  off"ense,  and  upon  conviction  of  such  off"ense  in  the 
Police  Court  of  the  city  of  Louisville  he  shall  be  dismissed  from 
further  service  in  said  department  by  said  board,  and  shall  not 
thereafter  be  appointed  to  any  position  in  said  department  or 
placed  upon  the  pay  roll  thereof,  or  draw  any  compensation  from 
the  city  for  services  in  said  department. 

§  16.  That  the  captain  of  each  company  shall  keep  a  regis- 
ter of  the  names  of  each  officer  and  fireman  in  his  company,  who 
shall  go  to  his  own  precinct,  dressed  in  his  regular  uniform,  to 
cast  his  vote  on  any  regular  or  primary  election  day  in  the  city 
of  Louisville,  which  shall  show  the  hours  in  the  day  each  officer 
or  fi.reman  of  such  company  was  absent  on  such  day,  and  the 
number  of  the  precinct  and  ward  he  attended  for  that  purpose, 
and  within  two  days  after  each  regular  election  or  primary  elec- 
tion day,  in  the  city  of  Louisville,  the  captain  of  each  company 
shall  file  such  register  kept  by  him  with  the  Board  of  Public 
Safety,  which  register  shall  be  signed  and  verified  under  oath  by 
him  as  true  and  correct,  and  be  subject  at  any  time  during  the 
office  hours  of  said  board  to  the  inspection  of  any  citizen  or 
officer  of  the  city  of  Louisville. 

It  shall  be  the  duty  of  the  chief  engineer  of  said  department 
to  keep  a  register  of  the  names  of  each  of  his  assistant  chief 
engineers  or  aides  to  the  said  chief  engineer,  and  of  the  chief 
operator  of  the  fire  alarm  telegraph,  to  keep  a  register  of  the 
names  of  each  operator,  line  repairer  and  batteryman  under 
him  or  connected  with  the  fire  alarm  telegraph,  who  shall  go  to 


FIRE  DEPARTMENT.  269 


his  own  precinct  dressed  in  his  regular  uniform  to  cast  his  vote 
on  any  regular  or  primary  election  day  in  the  city  of  Louisville, 
and  to  file  the  same  with  said  board  in  the  same  manner,  and 
within  the  same  time  as  is  required  by  this  section  of  this  ordi- 
nance of  captains  of  companies.  Any  violation  of  this  section 
of  this  ordinance  by  the  chief  engineer  of  said  department  or  by 
the  captain  of  any  fire  engine  company,  chemical  engine  com- 
pany, hook  and  ladder  company  or  water  tower  company,  or  by 
the  chief  operator  of  the  fire  alarm  telegraph  in  said  depart- 
ment, shall  subject  him  to  a  fine  of  not  less  than  fifty  ($50.00) 
dollars  nor  more  than  one  hundred  ($100.00)  dollars  for  each 
offense,  and  upon  conviction  for  such  ofi'ense  in  the  Police  Court 
of  the  city  of  Louisville  he  shall  be  dismissed  from  further 
service  in  said  department  by  said  board  and  shall  not  thereafter 
be  appointed  to  any  position  in  said  department  or  be  placed 
upon  the  pay  roll  thereof,  or  draw  any  compensation  from  the 
city  for  services  in  said  department. 

§  17.  That  it  shall  be  the  duty  of  the  members  of  the  Board 
of  Public  Safety  to  faithfully  execute  the  provisions  of  this  ordi- 
nance, and  if  any  member  of  the  said  board  shall  grant  or  unite 
with  any  other  member  of  said  board  in  granting  a  leave  of 
absence  to  any  officer  or  fireman  of  said  department  not  allowed 
by  the  provisions  of  this  ordinance,  or  shall  fail  or  refuse  to  dis- 
miss, or  unite  with  any  other  member  of  said  board  in  dis- 
missing any  officer,  fireman  or  member  of  said  department  who 
has  been  convicted  in  the  Police  Court  of  the  city  of  Louisville 
of  violating  any  provision  of  this-  ordinance,  or  shall,  after  such 
conviction,  place  any  such  officer,  fireman  or  member  of  said 
department  on  the  pay  roll  of  the  Fire  Department,  or  certify 
that  such  convicted  officer,  fireman  or  member  of  said  depart- 
ment is  entitled  to  any  compensation  for  services  in  said  depart- 
ment from  the  city  of  Louisville,  he  shall  be  subject  to  a  fine  of 
not  less  than  one  hundred  ($100.00)  dollars  for  each  offense. 

§  18.  That  any  fireman  who  shall  be  disabled  from  dis- 
charging his  duties  while  on  duty  as  a  fireman  in  the  Fire 
Department  shall  be  entitled  to  his  salary  or  per  diem  for  a 
period  not  exceeding  thirteen  (13)  weeks  from  the  commence- 
ment of  such  injury.  Should  any  fireman  be  so  actually  and 
totally  disabled  for  a  period  longer  than  thirteen  weeks,  on 
proper  written  report,  signed  by  the  captain  of  his  company, 


270  FIRE  DEPARTMENT. 


the  assistant  chief  of  his  district  and  the  chief  fireman,  the  Gen- 
eral Council  may,  by  resolution  adopted  monthly  without  invali- 
dating this  ordinance,  extend  the  limit  of  such  disability  to  not 
exceeding  eight  months.  And  in  all  such  cases  the  Board  of 
Public  Safety  is  hereby  authorized  and  directed  to  place  the 
name  of  such  disabled  fireman  on  the  pay  rolls  of  the  Fire 
Department  as  aforesaid. 

That  at  least  once  every  week  each  disabled  fireman  shall  file 
with  the  Board  of  Public  Safety  a  certificate  from  his  attending 
physician,  should  he  have  one,  who  shall  be  a  reputable  practicing 
physician  of  the  city  of  Louisville,  and  also  from  one  of  the  city 
physicians  designated  by  the  Board  of  Public  Safety,  showing 
the  continuance  of  his  disability,  which  certificate  shall  be 
attached  to  the  Fire  Department  pay  rolls. 

§  19.  No  company  shall  go  more  than  five  miles  beyond  the 
corporate  limits  of  the  city  of  Louisville  without  the  consent  of 
the  chief  fireman  and  the  Board  of  Public  Safety  or  the  Mayor, 
nor  shall  any  company  attend  any  parade  without  the  consent 
of  the  Mayor  or  the  Board  of  Public  Safety.  No  company  shall 
go  beyond  the  city  limits  in  any  event  except  by  the  direction  of 
the  Chief  of  the  Fire  Department,  or  in  the  case  of  emergency, 
in  cases  where  the  Chief  of  the  Fire  Departm.ent  cannot  be 
readily  found,  by  the  direction  of  the  operator  at  that  time  in 
charge  of  the  fire  alarm  telegraph  office. 

§  20.  All  officers  and  members  of  the  Fire  Department, 
except  the  secretary  and  assistant  secretary  and  the  clerk  in  the 
repair  shop,  shall  be  uniformed  and  shall  be  required  to  wear 
said  uniform  at  all  times  while  on  active  duty.  Said  uniforms 
shall  be  of  the  kind,  character,  description  and  quality  which 
may  be  prescribed  by  the  Board  of  Public  Safety.  Substitute 
firemen  shall  wear  same  character  of  uniform  as  regular  firemen. 

§  21.  All  ordinances  or  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed;  and  an  ordinance  approved 
November  10,  1908,  and  entitled  "An  ordinance  providing  for 
the  government  of  a  fire  department  for  the  city  of  Louisville," 
and  an  ordinance  approved  January  16,  1900,  and  entitled  "An 
ordinance  concerning  the  Fire  Department  of  the  city  of  Louis- 
ville," and  relating  to  leaves  of  absence  for  election  and  upon 
other  days  are  hereby  expressly  repealed ;  and  this  ordinance 
shall  take  effect  from  and  after  its  passage.  (Approved  July  3, 
1919.) 


FIRE  DEPARTMENT.  271 


(3)  FIRE  DEPARTMENT. 

Speed  of  Vehicles. 

AN  ORDINANCE  to  regulate  the  speed  of  vehicles  of  the  Fire 
Department,  etc.,  of  the  city  of  Louisville  while  going  to  or 
returning  from  a  fire. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  unlawful  for  any  person  employed  in  the 
Fire  Department  of  the  city  of  Louisville,  and  anj"  person 
employed  by  any  Salvage  Corps,  District  Telegraph  Company  or 
other  person,  firm  or  corporation,  in  going  to  or  returning  from 
fires,  in  answer  to  any  fire  alarm,  to  operate  any  vehicle  over 
the  streets  of  the  city  of  Louisville  at  a  greater  rate  of  speed 
than  twenty  miles  an  hour. 

§  2.  Any  person  violating  the  provisions  of  section  1  of  this 
ordinance  shall  be  fined  not  less  than  $5.00  nor  more  than  $50.00 
for  each  offense. 

§  3.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  4.  This  ordinance  shall  take  effect  from  and  after  its 
passage  and  publication.      (Approved  February  4,  1910.) 

(See  also  Right  of  Way.) 


FIRE  ESCAPES.- 
General  Provisions. 


AN  ORDINANCE  concerning  the  erection  and  maintenance  of 
fire  escapes  on  public  and  private  buildings  in  the  city  of 
Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  all  fire  escapes  of  every  character,  now  erected  or 
hereafter  to  be  erected  in  said  city,  shall  be  under  the  direction 
and  control  of  the  Inspector  of  Buildings  and  his  deputies ;  and 
in  conformity  with  the  sections  of  this  ordinance. 

§  2.  All  buildings  occoupied  by  any  person  or  persons  or  in 
which    any   person  or  persons    shall  be  employed  or    assemble 


*See  Sees.  1830-1832  Ky.  St. 


272  FIRE  DEPARTMENT. 


(except  such  as  are  used  as  private  residences  exclusively) ,  of 
three  or  more  stories  in  height,  shall  be  provided  with  one  or 
more  permanent  approved  fire  escapes  when  ordered  by  the 
Inspector  or  his  deputies,  and  the  escape  must  be  in  such  num- 
ber, and  constructed  and  located  in  such  manner  as  directed  in 
said  notice  or  order. 

§  3.  All  fire  escapes  shall  extend  from  the  second  floor  to  the 
top  of  the  building,  and  the  second  floor  balcony  must  be  con- 
nected with  the  ground  with  swinging  steps,  or  some  device 
approved  by  the  Inspector  or  his  deputies. 

§  4.  The  Inspector  or  his  deputies  shall  inspect  all  fire 
escapes  as  often  as  may  be  necessary,  and  see*  that  they  are  kept 
in  good  repair.  If  on  inspection  it  is  found  that  any  fire  escape 
is  in  bad  repair  or  unsafe,  the  Inspector  shall  immediately  cause 
to  be  served  a  notice,  as  set  forth  in  section  9  of  this  ordijiance. 

§  5.  No  obstruction  shall  be  placed  on  the  balcony  or  steps 
of  any  fire  escape,  and  the  passageways  and  windows  leading 
to  fire  escapes  must  be  kept  clear  and  unobstructed  at  all  times. 

§  6.  In  all  buildings  to  which  a  fire  escape  is  attached  where 
people  work,  sleep,  or  assemble  after  dark,  a  red  light  must  be 
displayed  at  night,  at  the  entrance  of  each  of  said  fire  escapes.  A 
sign  not  less  than  six  by  eighteen  inches,  marked  "fire  escape"  in 
red  letters,  must  be  displayed  at  the  entrance  to  all  fire  escapes. 

§  7.  When  in  the  opinion  of  the  Inspector  or  his  deputies  a 
fire  escape  or  fire  escapes  should  be  erected  on  a  building,  as 
provided  in  this  ordinance,  he  shall  serve,  either  in  person,  by 
deputy,  or  a  member  of  the  Police  Department  of  the  city,  a 
written  or  printed  notice  to  the  owner,  if  in  the  city,  or  his 
agent,  lessee,  or  the  occupant  of  such  building  if  the  owner 
resides  outside  or  is  absent  from  the  city,  notifying  him  or  them 
to  erect  such  fire  escape  or  escapes  as  shall  be  required  to  be 
erected. 

§  8.  If  the  owner,  after  such  notice  to  himself  or  agent,  occu- 
pant, or  lessee,  as  provided  for  in  section  7  of  this  ordinance, 
fails  for  a  period  of  thirty  days  after  receiving  such  notice  to 
comply  with  the  same,  he  shall  be  liable  to  a  fine  of  ten  ($10) 
dollars  for  each  day's  failure  to  comply  with  the  same. 

§  9.  The  Inspector  shall  notify  the  owner,  if  in  the  city,  or 
his  agent,  lessee,  or  the  occupant  of  such  building,  if  the  owner 
resides    outside,  or  is  absent    from    the   city,  by  a  written    or 


FIRE  DEPARTMENT.  273 


printed  notice,  served  either  in  person  or  by  deputy  or  a  mem- 
ber of  the  Pohce  Department,  of  any  violation  or  anj'thing 
necessary  to  carry  out  the  requirements  of  this  ordinance,  and 
a  failure  on  the  part  of  the  owner,  after  the  execution  of  such 
notice,  to  comply  with  the  same  within  five  days  after  the  service 
of  such  notice,  as  aforesaid,  shall  subject  him  to  a  fine  of  five 
($5)  dollars  for  each  day's  failure  to  comply  therewith.  The 
penalty  defined  in  this  section  shall  not  apply  to  the  provisions 
of  sections  2,  3,  7  and  8  of  this  ordinance. 

§  10.  When  requested  by  the  Inspector  or  his  deputy,  the 
owner,  agent,  lessee,  or  occupant  of  any  building  in  the  city  of 
Louisville  shall  immediately  furnish  to  the  Inspector  of  Build- 
ings a  written  statement,  giving  the  number  of  males  and 
females  employed,  gathered,  or  occupied  on  each  floor  of  such 
building. 

§  11.  It  shall  be  the  duty  of  every  person,  firm  or  corpora- 
tion doing  business  within  the  limits  of  the  city  of  Louisville 
who  employs  or  permits  persons  to  live  in  or  occupy  any  build- 
ing (except  exclusively  private  residences),  three  or  more 
stories  in  height,  to  notify  in  writing  the  Inspector  of  Buildings 
of  the  fact  within  thirty  days  after  the  passage  of  this  ordi- 
nance, or  within  the  same  period  after  the  occupancy  of  such 
building  hereafter  erecter.  A  failure  to  comply  with  this  sec- 
tion shall  subject  such  person,  firm  or  corporation  to  a  fine  of 
not  less  than  five  ($5)  dollars  for  each  and  every  day  any  person 
or  persons  shall  be  employed  or  permitted  to  live  in  or  occupy 
such  building  without  such  notice  to  the  Inspector  of  Buildings.' 

§  12.  Any  owner,  agent,  occupant  or  lessee  of  a  building  who, 
having  been  ordered  by  the  Inspector  of  Buildings  or  his  depu- 
ties to.  erect  thereon  or  therein  a  fire  escape,  shall  have  a  right 
to  appeal  from  such  order  to  the  Board  of  Public  Safety,  pro- 
vided said  appeal  shall  be  made  within  five  days  after  the 
receipt  of  such  order,  and  the  decision  of  said  Board  of  Public 
Safety  in  the  matters  shall  be  final. 

§  13.  All  ordinances  or  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

§  14.  This  ordinance  shall  take  effect  from  its  passage. 
(A2)proved  August  14,  1899.)  See  also  Building  Code;  Tene- 
ment House  Laws  (Charter)  Sec.  3037g.) 


274  FIRE    HYDRANTS. 


FIREMEN'S  ASSOCIATION,  VETERAN. 

AN  ORDINANCE  concerning-  the  Veteran  Firemen's  Associa- 
tion of  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  in  order  to  aid  in  the  maintenance  of  the  Veteran 
Firemen's  Home,  on  First  street,  between  Jefferson  and  Green 
streets,  in  the  city  of  Louisville,  there  shall  be  paid  to  the  presi- 
dent of  the  Veteran  Firemen's  Association,  monthly,  for  the  cur- 
rent expenses  of  maintaining  said  home,  out  of  the  funds  appro- 
priated for  incidental  expenses  not  exceeding  the  sum  of  seventy- 
five   ($75)    dollars. 

§  2.  That  it  shall  be  the  duty  of  the  Board  of  Public  Safety 
to  make  up  and  certify  on  a  pay  roll  each  month  the  claim  for 
the  items  of  expense  for  said  home,  verified  under  the  oath  of 
the  president  of  said  association,  which  claim  shall  then  be  regis- 
tered by  the  Comptroller  and  allowed  by  the  General  Council,  as 
required  by  law  in  cases  of  other  claims  against  the  city. 

§  3.  That  this  ordinance  shall  take  effect  from  its  passage. 
{Approved  July  2,  1900.) 


(1)  FIRE  HYDRANTS. 

Coi!Struction. 

AN  ORDINANCE  concerning  the  erection  of  fire  hydrants. 
Be  it  ordai7ied  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That,  unless  otherwise  provided  by  the  ordinance  direct- 
ing the  work  to  be  done,  the  erection  of  fire  hydrants  shall  be 
done  as  hereinafter  provided. 

§  2.  All  hydrants  to  be  first  class  in  workmanship  and  of  the 
latest  improved  pattern,  be  provided  with  frost  case,  and  must 
close  with  pressure,  and  to  be  of  a  kind  that  repairs  may  be 
made  without  disturbing  the  frost  case  or  digging  up  of  the 
street  or  sidewalk  paving. 

§  3.  The  stand-pipe  of  four-inch  hydrants  to  be  not  less  than 
five  inches  inside  diameter,  and  on  six-inch  hydrants  shall  not 
be  less  than  six  and  one-half  inches  inside  diameter,  and  be  of 
sufficient  length  to  allow  four  feet  cover. 


FIRE   HYDRANTS.  275 


§  4.  All  four-inch  hydrants  shall  be  provided  with  one  nozzle 
of  the  size  to  be  determined  by  the  chief  of  the  Fire  Department, 
and  all  six-inch  hydrants  shall  be  provided  with  two  nozzles  of 
the  size  to  be  determined  by  the  Chief  of  the  Fire  Department, 
with  an  independent  shut-off  to  each  nozzle. 

§  5.  All  hydrants  shall  be  connected  with  the  water  mains 
of  the  same  size  pipe  (and  of  standard  quality)  as  that  of  the 
stand-pipe  of  the  hydrant,  and  said  connection  shall  be  subject 
to  the  approval  of  the  chief  engineer  of  the  Louisville  Water 
Company. 

§  6. '  Each  hydrant  shall  be  provided  with  a  separate  aux- 
iliary valve,  which  shall  be  placed  in  the  pipe  connection  imme- 
diately in  front  of  the  hydrant. 

§  7.  The  stuffing-boxes  and  all  bearings  to  be  brass  lined,  the 
valves  and  valve  stems  for  the  independent  nozzle  shut-offs  to 
be  bronze,  and  the  entire  hydrant  shall  be  equal  in  all  respects 
to  the  sample  submitted  by  each  bidder. 

§  8.  All  hydrants  shall  be  provided  with  proper  openings  in 
the  stand-pipe  so  as  when  not  in  use  the  surplus  water  will  be 
allowed  to  flow  out  of  the  stand-pipe  of  the  hydrant  to  the  sewer 
connection  underneath  or  any  other  mode  of  drainage  as  maj^ 
be  approved  by  the  Board  of  Public  Works. 

§  9.  The  contractor  shall  guarantee  the  faithful  performance 
of  his  contract  according  to  this  ordinance,  and  the  hydrants, 
material  and  connections  thereto,  shall  be  kept  in  good  repair 
for  a  period  of  six  years  from  the  completion  of  the  work  and 
its  acceptance  by  the  Board  of  Public  Works. 

§  10.  All  ordinances  in  conflict  herewith  be  and  are  hereby 
repealed.     (Approved  July  1,  1895.) 


(2)   FIRE  HYDRANTS. 

Interfering  With  Hydrants,  Pipes,  etc. 

AN  ORDINANCE  regulating  the  use  of  fire  hydrants,  cisterns, 

valves,  etc. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  unlawful  for  any  person,  except  officers 
and  agents  of  the  Louisville  Fire  Department,  members  of  the 
Louisville  Fire  Department,  or  other  persons  especially  desig- 


276  FIRE   HYDRANTS. 


nated  by  the  city  of  Louisville,  to  open  or  close  any  valve  of  any 
water  pipe,  fire  cistern,  fire  hydrant,  or  water  plug.  Any  per- 
son violating  the  provisions  of  this  ordinance  shall,  upon  convic- 
tion, be  fined  not  less  than  five  ($5)  dollars  nor  more  than  fifteen 
($15)   dollars  for  each  offense. 

§  2.     This  ordinance  shall    take    effect    from  and    after    its 
passage.     (Appj'oved  September  16,  1895.) 


(3)   FIRE  HYDRANTS. 

Method  of  Tapping  Water  Mains  for  Hydrants. 

AN  ORDINANCE  in  relation  to  the  tapping  and    making  con- 
nection to  water  mains  in  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  in  installing  fire  hydrants  with  the  Louisville 
Water  Company's  mains,  w'hich  are  already  laid,  the  connection 
of  said  water  mains  shall  be  made  without  shutting  off  the  water 
supply,  by  such  method  as  is  used  and  approved  of  in  the  prin- 
cipal cities  of  'the  country,  thereby  avoiding  the  great  delay  oi 
having  the  water  supply  interrupted  in  the  event  of  a  fire,  and 
also  prevent  the  shutting  down  of  factories  and  elevators  at  such 
points  where  hydrants  may  be  erected. 

§  2.  This  ordinance  shall  take  effect  from  and  after  its  pub- 
lication. All  ordinances  in  conflict  herewith  be  and  are  hereby 
repealed.      {Approved  February  8,  1897.) 

(See  also  Public  Ways,  Construction  or  Repair.) 


(4)  FIRE  HYDRANTS. 

How  Cost  of  Wells,  Hydrants,  Plugs,  etc.,  is  Borne. 

AN  ORDINANCE  concerning  the  construction  of  public  wells 
and  cisterns  and  water  attachments  of  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  the  diggin/g  and  walling  of  public  wells  and  cis- 
terns, and  the  placing  of  fire  plugs,  hydrants,  and  attachments 
to  the  street  water  pipes  on  the  public  ways  within  the  city  shall 


FOOD  ADULTERATIONS.  277 


be  done  at  the  cost  of  the  owners  of  lots  fronting  the  public  ways 
to  the  middle  of  each  square  from  the  intersection  at  or  near 
w*hich  the  work  shall  be  located,  or  in  any  other  equitable  mode 
of  apportionment  which  shall  be  prescribed  in  the  ordinance  for 
the  particular  work. 

§  2.     This  ordinance  to  take  effect  from  and  after  its  publica- 
tion.    (Approved  September  17,  1894.) 


FOOD  ADULTERATION  AND  MISBRANDING. 

Defined  and  Prohibited. 

AN  ORDINANCE  for  preventing  the  manufacture  and  sale  of 
adulterated  or  misbranded  foods,  and  providing  penalties  for 
violation  thereof. 

Be  it  ordained  bij  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  unlawful  for  any  person,  persons,  firm 
or  corporation  within  the  city  to  manufacture  for  sale,  produce 
for  sale,  expose  for  sale,  have  in  his  or  their  possession  for  sale, 
or  sell  any  article  of  food  which  is  adulterated  or  misbranded, 
within  the  meaning  of  this  ordinance. 

§  2.  That  the  term  food  as  used  in  this  ordinance  shall 
include  every  article  used  for  or  entering  into  the  composition 
of  food  or  drink  for  man  or  domestic  animals. 

§  3.  For  the  purpose  of  this  act,  an  article  of  food  shall  be 
deemed  misbranded : 

First — If  the  package  or  label  shall  bear  any  statement  pur- 
porting to  name  any  ingredient  or  substance  as  not  being  con- 
tained in  such  article,  which  statement  shall  not  be  true  in  any 
part;  or  any  statement  purporting  to  name  the  substances  of 
which  such  article  is  made,  which  statement  shall  not  give  fully 
the  name  or  names  of  all  substances  contained  in  any  measurable 
quantity. 

Second — If  it  be  labeled  or  branded  in  imitation  of  or  sold 
under  the  name  of  another  article,  or  is  an  imitation  either  in 
package  or  label  of  another  substance  of  a  previously  established 
name;  or  if  it  be  labeled  or  branded  so  as  to  deceive  or  mislead 
the  purchaser  or  consumer  with  respect  to  where  the  article  was 
made,  or  as  to  its  true  nature  and  substance,  or  as  to  any  identi- 


278  FOOD  ADULTERATIONS. 

fying  term  whatsoever  whereby  the  purchaser  or  consumer 
mig-ht  suppose  the  article  to  possess  any  property  or  degree  of 
purity  or  quality  which  the  article  does  not  possess. 

Third — If  it  be  misrepresented  as  to  weight  or  measure,  or, 
if  where  the  length  of  time  the  product  has  been  ripened,  aged 
or  stored,  or  if  where  the  length  of  time  it  has  been  kept  in  tin 
or  other  receptacle  tends  to  render  the  article  unwholesome,  the 
facts  of  such  excessive  storage,  ripening,  aging  or  packing  are 
not  plainly  made  known  to  the  purchaser  and  to  the  consumer. 

Fourth — If  the  package  containing  it  or  its  label  shall  bear 
any  statement,  design  or  device  regarding  the  ingredients  or 
the  substances  contained  therein,  whidh  statement,  design  or 
device  shall  be  false  or  misleading  in  any  particular. 

§  4.  For  the  purpose  of  this  ordinance,  an  article  of  food 
shall  be  deemed  to  be  adulterated: 

First — If  any  substance  or  substances  be,  mixed  or  packed 
with  it  so  as  to  reduce,  lower  or  injuriously  affect  its  quality  or 
strength. 

Second — If  any  substance  be  submitted  wholly  or  in  part  for 
the  article. 

Third — If  any  valuable  constituent  of  the  article  has  been 
wholly  or  in  part  abstracted;  or,  if  the  product  is  below  that 
standard  of  quality  represented  to  the  producer  or  consumer. 

Fourth — If  it  is  mixed,  colored,  coated,  polished,  powdered  or 
stained,  whereby  damage  is  concealed,  or  if  it  is  made  to  appear 
better  or  of  greater  value  than  it  is,  or  if  it  is  colored  or  flavored 
in  imitation  of  the  genuine  color  or  flavor  of  another  substance 
of  a  previously  established  name. 

Fifth — If  it  contains  added  poisonous  ingredient  which  may 
render  such  article  injurious  to  health,  or  if  it  contains  any  anti- 
septic or  preservative  which  may  render  such  article  injurious 
to  health,  or  any  other  antiseptic  or  preservative  not  evident  or 
not  plainly  stated  on  the  main  label  of  the  package. 

Sixth — If  it  consists  of  or  is  manufactured  from  in  whole  or 
in  part  of  a  diseased,  contaminated,  filthy  or  decomposed  sub- 
stance, either  animal  or  vegetable,  or  an  animal  or  vegetable  sub- 
stance produced,  stored,  transported  or  kept  in  a  condition  that 
would  render  the  article  diseased,  contaminated  or  unwholesome, 
or  if  it  is  any  part  the  product  of  a  diseased  animal,  or  the 
product  of  an  animal  that  has  died  otherwise  than  by  slaughter. 


FOOD  ADULTERATIONS.  279 

or  that  has  been  fed  upon  the  offal  from  a  slaughter  house.  Pro- 
vided, that  any  article  of  food  which  may  be  adulterated  and 
not  misbranded  within  the  meaning  of  this  ordinance,  and  which 
does  not  contain  any  added  poisonous  or  deleterious  ingredient, 
and  which  is  not  otherwise  adulterated  within  the  meaning  of 
paragraphs  four,  five  and  six  of  section  4  of  this  ordinance,  or 
which  does  not  contain  any  filler  or  ingredient  which  debases 
without  adding  food  value,  can  be  manufactured  or  sold,  if  the 
same  be  labeled,  branded  or  tagged  so  as  to  show  the  exact  char- 
acter thereof.  And  all  such  labels  and  all  labeling  of  packages 
provided  for  in  any  provisions  of  this  ordinance  shall  be  on  the 
main  label  of  each  package,  and  in  such  position  and  character 
of  type  and  terms  as  to  be  plainly  seen,  read  and  understood  by 
the  purchaser  or  consumer.  Provided,  further,  that  nothing  in 
this  ordinance  shall  be  construed  as  requiring  or  compelling  the 
proprietors,  manufacturers  or  sellers  of  proprietary  foods  which 
contain  no  unwholesome  substances  or  ingredients  to  disclose 
their  trade  formulas,  except  in  so  far  as  the  provisions  of  this 
act  require  to  secure  freedom  from  adulteration,  imitation  or 
misbranding.  But  in  the  case  of  baking  powders,  every  can  or 
other  package  shall  be  labeled  so  as  to  show  clearly  the  name 
of  the  acid  salt  which  shall  be  plainly  stated  in  the  face  of  the 
label  to  show  whether  such  salt  is  cream  of  tartar,  phoshate  or 
alum.  Provided  further,  that  nothing  in  this  ordinance  shall  be 
construed  to  prohibit  the  manufacture  or  sale  of  oleomargarine, 
butterine  or  kindred  compounds  in  a.  separate  and  distinct  form, 
and  in  such  manner  as  will  advise  the  consumer  of  the  real  char- 
acter, free  from  coloration  or  ingredient  that  causes  it  to  look 
like  butter. 

§  5.  Any  officer,  agent  or  employe  representing  the  Health 
Department,  or  Health  Officer  of  the  city  of  Louisville,  shall  at 
all  times  have  right  of  entry  for  inspection  to  any  building, 
premises  or  place  of  any  kind  where  food  products  are  stored  or 
kept  for  sale,  and  to  any  wagon,  railroad  car  or  other  vehicle  of 
any  kind  used  for  the  conveyance  of  food  products  to  be  sold 
in  the  city  of  Louisville ;  and  such  officer,  aigent  or  employe  shall 
at  all  times  have  the  right  to  inspect  all  apparatus,  appliances, 
utensils  or  other  equipment  to  be  used  in  connection  with  the 
production,  handling,  transportation  or  distribution  of  food 
products  to  be  sold  or  offered  for  sale  in  the  city  of  Louisville; 


280  FOOD  ADULTERATIONS. 

and  such  officer,  agent  or  employe  shall  have  the  right  at  any 
time  to  take  samples  of  food  products  therefrom  for  the  purpose 
of  analysis.  No  person  shall  interfere  with  such  Health  Officer 
or  with  any  agent  or  employe  in  performance  of  his  official  duty 
when  such  person  has  reasonable  grounds  for  recognizing  said 
Health  Officer  or  agent  or  employe  in  his  official  capacity,  nor- 
shall  any  person  hinder,  prevent  or  refuse  to  permit  any  inspec- 
tion or  examination  aforesaid. 

§  6.  All  food  products  kept  or  handled  in  violation  of  this 
ordinance  shall,  upon  discovery  thereof,  be  immediately  seized 
by  or  under  the  direction  of  the  Health  Officer  or  his  assistants 
or  by  the  City  Chemist  or  Bacteriologist,  or  the  Sanitary  In- 
spectors of  the  Health  Department,  or  by  any  other  person  or 
persons  properly  designated  and  authorized  by  the  Health 
Officer,  and  it  shall  be  the  duty  of  any  police  officer  at  or  near 
the  place  of » such  seizure  to  assist  the  Health  Officer  or  his 
assistants  to  make  such  seizure  when  called  upon  to  do  so.  At 
the  time  of  such  seizure,  or  as  soon  thereafter  as  it  can  be  done, 
the  officer  or  person  making  such  seizure  shall  deliver  to  the  per- 
son in  charge  of  such  food  products  (or  if  no  person  be  found 
in  charge  of  such  food  products  (or  if  no  person  be  found  in 
charge  of  same,  shall  post  in  a  conspicuous  place  at  or  near  the 
place  of  seizure)  a  written  notice  warning  all  persons  interested 
in  the  food  products  so  seized  to  appear  before  the  Acting  Police 
Judge  of  the  city  of  Louis^dlle  at  a  time  and  place  to  be  stated 
in  such  notice  (which  time  shall  not  be  less  than  one  hour  or 
more  than  twenty-four  hours  from  the  time  of  seizure)  to  show 
cause,  if  any  they  can,  why  such  food  products  shall  not  be 
declared  confiscated  and  forfeited  in  order  to  be  destroyed. 
Upon  such  hearing,  said  Police  Judge  shall  declare  it  forfeited 
and  confiscated  and  order  destroyed  all  food  products  consisting 
of  or  manufactured  from  in  whole  or  in  part  of  a  diseased,  con- 
taminated, filthy  or  decomposed  substance,  either  animal  or 
vegetable,  unfit  for  food,  or  an  animal  or  vegetable  substance 
produced,  stored,  transported  or  kept  in  a  condition  that  would 
render  the  article  diseased,  contaminated  or  unwholesome,  or 
if  it  is  any  part  the  product  of  a  diseased  animal,  or  the  product 
of  an  animal  that  has  died  otherwise  than  by  slaughter,  or  that 
has  been  fed  upon  the  offal  from  a  slaughter  house.  If  at  the 
time  of  such  forfeiture  no  person  appear  to  resist  the  forfeiture, 


FORTUNE   TELLING.  281 


the  cause  of  forfeiture  shall  be  deemed  confessed,  and  shall  be 
so  ordered  together  with  the  destruction  of  such  food  products. 
Food  products  which  can  not  be  confiscated,  forfeited  and 
destroyed  under  authority  of  this  section,  shall  upon  demand  of 
the  person  from  whose  custody  it  was  taken,  be  delivered  up 
to  such  person. 

§  7.  In  all  prosecutions  under  this  ordinance,  the  courts  shall 
admit  as  evidence  a  guaranty  which  has  been  made  to  the  holder 
of  the  guaranty  by  any  manufacturer  or  wholesaler  residing  in 
this  city  to  the  effect  that  the  product  complained  of  is  not  adul- 
terated or  misbranded  within  the  provisions  of  this  act.  And 
said  guaranty  properly  signed  by  the  wholesaler,  jobber  or 
manufacturer  or  other  party  residing  within  this  city  from 
whom  the  holder  of  the  guaranty  may  have  purchased  the  article 
or  articles  complained  of,  and  containing  the  full  name  and 
address  of  the  party  or  parties  making  the  sale  of  such  articles 
to  the  holder,  of  the  guaranty,  and  in  the  absence  of  any  proof 
that  the  article  or  articles  complained  of  w^ere  adulterated  or 
misbranded  after  they  had  been  received  by  the  holder  of  the 
guaranty  under  the  provisions  of  this  ordinance. 

§  8.  Any  person,  firm,  company  or  corporation  which  shall 
violate  any  of  the  provisions  of  this  ordinance  shall  be  fined  not 
less  than  ten  ($10.00)  nor  exceeding  one  hundred  dollars 
($100.00) ,  or  be  imprisoned  not  to  exceed  fifty  days,  or  both  such 
fine  and  imprisonment. 

§  9.  This  ordinance  shall  take  effect  from  and  after  its 
passage.  {Approved  April  25,  1910.)  See  also  Eggs:  Meats; 
Milk. 


FORTUNE  TELLING. 

Prohibited  When  for  Reward. 

AN  ORDINANCE  prohibiting  all  forms  of  fortune  telling  for 

reward. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     It  shall  be  unlawful  for  any  person  to  exercise  the  busi- 
ness of  fortune  telling  or  to  profess  or  'attempt  to  tell  fortunes, 
or  to  locate  lost  or  stolen  articles,  or  to  ascertain  the    present, 


282  FRANCHISES. 


past  or  future  condition  or  fortune  of  any  person  by  means  of 
cards,  mesmerism,  clairvoyance  or  any  other  device  for  fee, 
reward  or  compensation. 

§  2.  Any  person  violating  this  ordinance  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  shall  be  fined  not 
less  than  $25.00  nor  more  than  $50.00  for  each  offense. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its 
passage.     (Approved  Jmiuary  16,  1914.) 


(1)   FRANCHISE. 
Penalty  for  Violating. 

AN  ORDINANCE  providing  a  penalty  for  the  violation  of  any 
of  the  terms,  conditions  or  provisions  of  any  franchise 
granted  by  the  city  of  Louisville  to  any  public  service  cor- 
poration, firm  or  individual,  and  not  otherwise  provided  for 
in  the  ordinance  granting  such  franchise. 
Whereas,  a  number  of  public  service  corporations,  individuals 

and  companies  have  been  granted  franchises  of  a  public  nature 

to  do  business  in  the  city  of  Louisville,  and 

Whereas,  there  are  various  terms,  conditions  and  provisions 

annexed  to  and  made  a  part  of  said  grants,  for  the  violation  of 

which  no  penalty  has  been  affixed ;  therefore, 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  Hereafter  it  shall  be  unlawful  for  any  individual,  firm 
or  corporation  owning  or  exercising  any  franchise  of  a  public 
nature  under  any  grant  or  ordinance  of  the  city  of  Louis\ille, 
to  violate  any  of  the  terms,  conditions  or  provisions  of  the  ordi- 
nance or  grant  under  which  such  franchise  is  owned  or  exer- 
cised, or  under  which  such  person,  firm  or  corporation  claims 
its  right  to  transact  its  business  in  the  city  of  Louisville. 

§  2.  Any  person,  firm  or  corporation  violating  any  of  the  pro- 
visions of  this  ordinance,  or  violating  any  of  the  terms,  condi- 
tions or  provisions  of  any  ordinance  under  which  such  person, 
firm  or  corporation  exercises  or  claims  a  franchise  to  do  a  pub- 
lic service  business  in  the  city  of  Louisville,  and  for  which  lio 
penalty  is  affixed  in  the  ordinance  granting  same,  shall  be  guilty 
of  a  misdemeanor,  and  on  conviction  shall  be  fined  not  less  than 


FRANCHISES.  283 


ten  dollars  ($10)  nor  more  than  one  hundred  dollars  ($100)  for 
each  offense.  Each  day  any  such  term,  condition  or  provision 
is  violated  shall  be  deemed  a  separate  offense. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its 
passage.      (Approved  November  6,  1909.) 

(See  also  Public  Service  Corporations.) 


(2)  FRANCHISE. 

For  Distribution  of  Natural,  Manufactured  and  Mixed  Gas. 

AN  ORDINANCE  creating  the  franchise  or  privilege  of  acquir- 
ing, laying,  maintaining  and  operating  in  the  streets,  ave- 
nues, alleys  and  public  ways  of  the  city  of  Louisville,  Ken- 
tucky, a  system  of  mains,  pipes  and  appliances  for  the  dis- 
tribution and    sale  of    natural  gas,  manufactured  gas  and 
mixed  gas,  and  providing  for  the  sale  of  said  franchise. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     There  is  hereby    created    the  franchise  or  privilege  of 
acquiring,   laying,  maintaining    and    operating  in  the    streets, 
avenues,  alleys  and  public  ways  of  the  city  of  Louisville,  Ken- 
tucky, a  system  of  mains,  pipes,  fixtures  and  appliances  for  the 
distribution  and    sale  of    natural    gas,  manufactured  gas    and 
mixed  gas  for  heating  and  lighting  and  other  purposes. 

§  2.  The  person,  firm  or  corporation  which  shall  become  the 
purchaser  of  said  franchise  shall  for  convenience  be  hereinafter 
referred  to  as  the  grantee. 

§  3.  The  grantee  shall  have  the  right,  privilege,  permission, 
authority  and  franchise,  subject  to  the  provisions  hereof  and  to 
all  powers  reserved  to  said  city,  to  acquire,  lay,  construct,  main- 
tain and  operate  a  system  of  mains  and  pipes  in,  along,  through 
and  under  the  streets,  avenues,  alleys  and  public  ways  within 
the  corporate  boundaries  of  the  city  of  Louisville  as  they  now 
exist  or  may  hereafter  be  extended  and  on  and  under  the  bridges 
and  viaducts  owned  and  controlled  by  said  city  for  distributing 
and  selling  natural,  manufactured  and  mixed  gas. 

§  4.  All  pavements  and  sidewalks  shall  be  taken  up  and  all 
excavations  in  said  streets,  avenues,  boulevards,  sidewalks, 
lanes,  highways,  alleys  and  public  ways  shall  be  made  only  with 


284  FRANCHISES. 


the  written  permission  of  the  Board  of  Public  Works  and  under 
the  supervision  of  said  board,  and  such  mains,  pipes  and  appli- 
ances shall  be  located  in  such  portion  of  the  streets,  avenues, 
boulevards,  lanes,  highways,  bridges,  viaducts  or  public  ways  as 
may  be  designated  by  the  Board  of  Public  Works,  using  alleys 
as  far  as  practicable,  provided  that  said  pavements  and  side- 
walks and  excavations  shall  be  replaced  and  restored  by  and  at 
the  expense  of  the  grantee  to  their  former  condition,  and  shall 
be  maintained  for  five  years  in  as  good  condition  as  the  remain- 
der of  said  street,  alley  or  public  way.  Should  said  grantee  fail 
or  refuse  to  replace  or  restore  said  pavement,  sidewalk  or  ex- 
cavation within  a  reasonable  time  then  same  may  be  replaced 
and  restored  by  the  city  under  the  direction  of  the  Board  of 
Public  Works  at  the  cost  and  expense  of  the  grantee.  Before 
any  excavations  are  made  by  the  grantee  at  any  time  on  any 
street  or  highway  or  any  public  way  for  any  of  the  purposes 
named  in  this  ordinance,  a  plan  of  same  must  be  filed  with  and 
written  permission  therefor  shall  be  obtained  by  the  proper 
officer  from  the  Board  of  Public  Works  of  said  city,  which  per- 
mit shall  state  the  particular  part  of  the  street  or  highway  or 
sidewalk  where  said  work  is  to  be  done  and  the  lengtji  of  time 
said  permit  shall  authorize  work  to  be  done  thereunder. 

§  5.  Whenever  the  city  shall  grade  or  regrade  any  street, 
alley  or  public  highway,  or  shall  construct  or  reconstruct  any 
sewers  or  connections  along  or  across  which  said  grantee  shall 
have  constructed  any  mains  or  pipes  it  shall  be  the  duty  of  said 
grantee  at  his  own  expense  to  change  said  mains  or  pipes  so  as 
to  conform  to  the  street,  alley  or  public  highway  so  graded  or 
regraded,  and  to  conform  to  said  sewers  constructed  or  recon- 
structed on  'an  order  therefor  from  the  Board  of  Public  Works 
of  said  city. 

§  6.  Said  grantee,  his  successors  or  assigns,  shall  within 
sixty  (60)  days  after  the  acceptance  of  this  ordinance  begin  and 
continue  to  lay  a  main  line  or  lines  of  pipe  or  cause  the  same  to 
be  done  from  the  most  available  source  of  supply  of  natural  gas 
in  the  State  of  West  Virginia  to  the  city  of  Louisville,  which 
said  main  line  or  lines  shall  consist  of  continuous  piping  and  be 
a  piping  capable  of  withstanding  a  pressure  of  three  hundred 
and  fifty  (350)  pounds  per  square  inch  and  be  of  a  size  having 
a  capacity  for  supplying  twelve  million   (12,000,000)   cubic  feet 


FRANCHISES.  285 


of  gas  per  day  to  said  city  and  provided  with  all  necessary 
equipment  to  supply  the  capacity  aforesaid,  and  said  grantee 
shall  complete  said  line  or  lines  of  pipe  within  one  year  from 
the  passage  and  acceptance  of  this  ordinance,  unless  prevented 
from  so  doing  by  the  delays  of  bona  fide  litigation  or  by  other 
cause  or  causes  beyond  the  control  of  the  grantee.  And  said 
grantee  shall  immediately  thereafter  commence  to  supply  natural 
gas  to  consumers  up  to  the  capacity  aforesaid,  provided  that  if 
the  work  herein  authorized  be  delayed  by  injunction,  bona  fide 
litigation  or  by  other  cause  or  causes  beyond  the  control  of  the 
grantee  such  delay  or  delays  shall  not  be  considered  in  esti- 
mating the  time  within  which  such  work  shall  be  commenced 
and  completed  and  natural  gas  supplied.  Said  supply  of  twelve 
million  (12,000,000)  cubic  feet  per  day  shall  not  be  reduced  by 
reason  of  any  connections  with  said  pipe  line  being  made 
between  the  city  of  Louisville  and  the  source  of  supply.  And 
said  grantee,  his  successors  or  assigns  shall  in  forty  (40)  days 
after  the  acceptance  of  the  bid  of  grantee  execute  a  bond  to  the 
city  of  Louisville  with  good  and  sufficient  surety,  to  be  approved 
by  said  city  in  the  sum  of  two  hundred  and  fifty  thousand 
($250,000)  dollars  conditioned  upon  the  carrying  out  of  the  pro- 
visions of  this  section  of  this  ordinance  as  to  the  beginning,  con- 
tinuance and  completion  of  the  laying  of  said  pipe  line  and 
beginning  to  furnish  natural  gas  thereby  and  upon  said  condi- 
tions being  fulfilled  said  bond  shall  terminate  and  sureties  be 
released,  and  said  bond  shall  be  given  as  additional  security  to 
the  bond  provided  for  in  section  7. 

§  7.  The  grantee  shall,  within  forty  (40)  days  after  the 
acceptance  of  the  bid  of  grantee  execute  a  bond  to  the  city  of 
Louisville,  with  good  and  sufficient  sureties  to  be  approved  by 
the  city,  in  the  sum  of  fifty  thousand  ($50,000)  dollars,  condi- 
tioned upon  the  faithful  performance  and  discharge  of  all  the 
obligations  imposed  by  section  6  hereof,  and  conditioned  that 
the  grantee  shall  restore  the  sidewalks  and  pavements  and  all 
public  ways  to  the  original  condition  and  maintain  the  same  as 
provided  in  section  4,  and  shall  save  the  city  harmless  from  all 
loss  and  dam'age  which  may  be  done  to  its  public  ways  or  other 
property,  or  to  persons  or  property  of  individuals  by  the  conduct 
of  the  grantee's  business,  or  arising  out  of  the  uses  and  privi- 
leges herein  granted.    Said  bond  shall  be  renewed  from  time  to 


286  -  FRANCHISES. 


time  as  and  when  required  by  the  city  of  Louisville.  Said  bond 
shall  further  be  conditioned  that  the  grantee  shall  defend  all 
suits  and  pay  all  judgments  against  the  city  of  Louisville  and 
hold  the  city  free  from  all  liability  arising  out  of  the  construc- 
tion, maintenance,  or  operation  of  the  grantee's  mains,  conduits 
or  other  apparatus  in  the  public  ways  of  the  city  of  Louisville. 
§  8.  The  quality  of  natural  gas,  or  natural  and  manufac- 
tured gas,  or  manufactured  gas  to  be  furnished  shall  be  adequate 
and  proper  for  the  uses  and  purposes  herein  named  and  shall 
not  be  less  than  seven  hundred  (700)  British  thermal  units  to 
the  cubic  foot  as  furnished  at  the  point  of  consumption,  and 
the  pressure  at  no  time  shall  be  less  than  three  ounces  nor  more 
than  twelve  ounces  to  the  square  inch  at  the  point  of  consump- 
tion, and  these  facts  shall  be  ascertained  by  the  Gas  Inspector 
provided  for  in  section  9  hereof,  and  in  case  the  quality  of  gas 
furnished  shall  in  any  month  for  an  aggregate  period  of  seventy- 
two  hours  fall  below  said  standard  of  seven  hundred  (700) 
British  thermal  units  to  the  cubic  foot  'at  the  point  of  consump- 
tion then  the  bills  for  that  month  of  all  consumers  shall  be 
reduced  directly  in  the  proportion  that  the  average  number  of 
British  thermal  units  furnished  below  said  standard  during  any 
such  period  of  seventy-two  hours,  or  any  period  said  gas  falls 
below  said  standard  above  said  period  of  seventy-^two  hours, 
shall  bear  to  the  standard  of  seven  hundred  (700)  British 
thermal  units  estabhshed  herein,  and  if  the  pressure  at  the  point 
of  consumption  shall  in  any  month  for  an  aggregate  period  of 
seventy-two  hours  fall  below  said  standard  herein  fixed,  then 
all  bills  of  consumers  for  gas  furnished  during  said  month  shall 
be  discounted  10  per  cent,  from  the  net  price  or  rate  provided, 
and  if  said  time  that  such  natural  gas  falls  below  such  standard 
in  such  month  exceeds  seventy-two  hours  then  said  bills  shall  be 
discounted  an  additional  10  per  cent,  for  each  additional  seventy- 
two  hours  or  portion  thereof. 

§  9.  The  said  grantee  shall  at  his  own  expense  construct 
service  pipes  from  his  mains  to  the  property  lines,  the  consumer 
to  construct  and  extend  them  thence  into  their  premises  at  their 
own  expense,  provided  that  where  the  owners  of  property  con- 
sent the  grantee  may  at  his  own  expense  place  and  maintain 
at  least  one  service  pipe  into  the  premises  to  the  point  of  con- 
sumption.   The  grantee  shall  at  his  own  cost  and  expense  supply, 


FRANCHISES.  287 


place  and  maintain  all  gas  meters,  which  shall  be  of  a  standard 
make,  tested  and  sealed,  and  they  shall  remain  the  property 
of  the  grantee.  Over  'a  2  per  cent,  variation  at  any  time  shall 
be  cause  for  the  replacement  of  any  meter.  All  of  said  meters 
shall  be  subject  at  all  times  to  a  reasonable  system  of  inspection 
to  be  provided  for  by  ordinance  of  the  city  of  Louisville.  A  com- 
petent chemist  or  gas  inspector  may  be  employed  by  the  city  of 
Louisville  to  inspect  meters  as  to  their  accuracy  at  any  time  'and 
to  test  the  pressure  and  heat  unit  quality  of  the  gas  furnished  by 
said  grantee  once  a  day  or  oftener,  as  may  be  desired,  and  to 
analyze  the  gas  furnished  for  'added  dilutents  or  impurities. 
Said  inspector  shall  report  the  result  of  any  and  all  tests  to  the 
Board  of  Public  Works,  or  its  successors  in  office  or  authority, 
to  be  entered  upon  a  record  kept  for  that  purpose,  which  shall 
be  open  at  all  times  to  public  inspection.  The  duties,  term  of 
office  and  compensation  of  such  employe  and  assistants,  if  any, 
shall  be  fixed  by  ordinance. 

§  10.  In  consideration  of  the  privileges  herein  granted  the 
said  grantee  shall  furnish  gas  to  consumers  for  light,  heat  or 
other  purposes  from  and  after  natural  gas  is  first  furnished 
hereunder  at  not  exceeding  the  following  rates: 

Amount  to  be  Charged  Therefor. 

For  the  first  100  cubic  feet  per  month  or  less,  40  cents. 

More  than  100  and  less  than  300  cubic  feet  per  month,  47 
cents. 

More  than  300  and  less  than  700  cubic  feet  per  month,  62 
cents. 

More  than  700  and  less  than  1,100  cubic  feet  per  month,  72 
cents. 

More  than  1,100  and  less  than  1,300  cubic  feet  per  month,  83 
cents. 

More  than  1,300  and  less  than  1,500  cubic  feet  per  month,  94 
cents. 

More  than  1,500  and  less  tha.n  1,600  cubic  feet  per  month, 
$1.02. 

More  than  1,600  and  less  than  1,700  cubic  feet  per  month, 
$1.08. 

More  than  1,700  and  less  than  1,800  cubic  feet  per  month, 
$1.16. 


288  FRANCHISES. 


More  than  1,800  and  less  than  1,900  cubic  feet  per  month, 
$1.21. 

More  than  1,900  and  less  than  2,000  cubic  feet  per  month, 
$1.33. 

For  the  first  2,000  cubic  feet  per  month,  $1.33.  All  additional 
gas  over  the  first  2,000  cubic  feet  per  month,  at  the  rate  of  38.88 
cents  per  thousand  cubic  feet. 

The  consumer  shall  be  allowed  a  discount  of  ten  (10)  per 
cent,  from  the  above  rates  on  all  bills  paid  within  ten  days  from 
the  date  hereof. 

The  grantee  may  also  make  special  contracts  with  consumers 
at  rates  based  upon  the  amount  of  gas  used  and  the  conditions 
of  the  contract,  which  special  rates  may  be  less  than  those 
charged  to  consumers  taking  a  smaller  amount  of  gas  or  taking 
gas  under  different  conditions,  but  said  special  rates  shall  be 
the  same  to  all  consumers  using  a  like  amount  of  gas  under  the 
same  contract  conditions. 

A  schedule  of  such  special  rates  and  contract  conditions  shall 
be  filed  with  the  Board  of  Public  Works  and  each  and  every 
change  therein  shall  also  be  filed  with  the  Board  of  Public 
Works  and  be  open  to  public  inspection.  But  if  the  demand  from 
special  rate  consumers  threatens  the  general  supply  the  grantee 
may  shut  off  the  supply  from  special  rate  consumers  in  whole 
or  in  part,  and  if  the  grantee  fails  or  refuses  to  do  so  the  Gen- ' 
eral  Council  may  by  ordinance  require  the  grantee  to  do  so. 

§  11.  If  at  any  time  within  the  life  of  the  franchise  hereby 
created  said  Board  of  Public  Works  of  the  city  of  Louisville 
shall  approve  a  plan  for  the  erection  and  maintenance  of  street 
lamp  posts  or  standards  along  any  street,  boulevard  or  public 
way  within  the  city  limits,  or  extending  beyond  the  city  limits 
of  the  city  of  Louisville,  and  the  city  of  Louisville  shall  provide 
for  the  erection  of  same,  and  said  grantee  shall  have  a  main  or 
pipe  line  extending  along  said  street,  boulevard  or  public  way, 
said  grantee  agrees  to  connect  said  main  or  pipe  line  with  said 
standards  and  to  fit  said  standards  with  incandescent  equipment, 
to  maintain,  repair,  replace  all  globes,  clean,  light  and  extin- 
guish, and  to  furnish  natural  gas,  mixed  gas  or  manufactured 
gas  to  the  same  on  the  all-night  schedule  at  a  reasonable  rate 
to  be  fixed  by  the  Board  of  Public  Works  after  a  hearing  of  the 
grantee  and  by  ordinance  duly  passed  bj^  the  General  Council. 


FRANCHISES.  289 


§  12.  The  object  of  the  franchise  hereby  cre'ated  is  to  make 
available  for  the  people  of  Louisville  natural  gas  at  a  rate  com- 
mensurate with  the  cost  of  natural  gas  to  the  people  of  other 
cities  similarly  situated  and  below  the  cost  of  manufactured  gas, 
and  said  grantee  shall  take  all  reasonable  precautions  and  meas- 
ures necessary  to  furnish  natural  gas  hereunder,  during  the  life 
of  this  franchise,  but  in  the  event  said  grantee  shall,  through  no 
fault  of  his  own,  be  unable  to  supply  natural  gas  in  sufficient 
quantities  to  meet  the  demand  for  same,  and  it  shall  become 
necessary  to  use  a  m'aterial  quantity  of  manufactured  gas,  the 
grantee  shall  give  written  notice  thereof  to  the  Mayor,  the  Board 
of  Public  Works,  and  the  General  Council,  and  thereupon  the 
Board  of  Public  Works  shall,  by  experts  employed  by  it,  make  a 
thorough  investigation  of  all  the  facts  relating  to  the  inability 
of  the  grantee  to  supply  natural  gas  and  also  of  all  the  facts 
bearing  on  the  reasonableness  of  rates  for  natural  gas  mixed 
with  manufactured  gas,  or  for  manufactured  gas,  and  in  making 
said  investigation  said  board  or  said  experts  shall  have  the  right 
to  examine  the  plant,  business,  books  and  records  of  said  grantee, 
-and  said  Board  of  Public  Works  shall,  after  a  full  hearing  of  the 
grantee,  find  whether  or  not  said  grantee's  claim  that  he  is 
unable  to  supply  natural  gas  is  well  founded,  and  shall  report 
said  finding  to  the  General  Council  and  also  report  all  the  facts 
which  it  has  ascertained  by  said  investigation,  and  the  General 
Council  shall  after  considering  said  report  and  taking  into  con- 
sideration 'all  the  conditions  surrounding  the  furnishing  of  said 
natural  gas  mixed  with  manufactured  gas  or  manufactured  gas, 
fix  reasonable  rates  to  be  charged  therefor  in  the  event  it  shall 
find  that  said  grantee  is  unable  to  furnish  natural  gas  in  suffi>- 
cient  quantities  as  required  by  the  franchise  and  in  case  said 
General  Council  does  not  within  ninety  (90)  days  after  said 
written  notice  from  the  grantee  fix  such  rates,  or  in  case  of  a 
disagreement  as  to  the  inability  of  said  grantee  to  furnish  nat- 
ural gas  between  the  General  Council  and  the  said  grantee,  then 
said  grantee  shall  have  recourse  to  the  courts  to  establish  said 
fact,  and  when  said  grantee  shall  establish  said  fact  to  the 
satisfaction  of  the  court,  said  grantee  shall  have  the  right  to 
distribute  natural  gas  mixed  with  manufactured  gas,  or  manu- 
factured gas,  at  rates  to  be  fixed  by  said  grantee  until  said  Gen- 
eral Council  shall  fix  rates  to  be  charged  for  such  gas  by  said 


290  FRANCHISES. 


grantee,  upon  which  said  grantee  shall  at  once  accept  such  rates 
fixed  by  the  General  Council,  as  the  rates  for  furnishing  said  gas 
and  such  rates  may  be  adjusted  from  time  to  time  as  may  be 
necessary  upon  notice,  hearing  and  investigations  as  aforesaid, 
but  the  rates  to  be  fixed  hereunder,  whether  by  said  grantee  or 
by  the  General  Council,  shall  at  all  times  be  reasonable  both  as 
to  said  grantee  and  the  public,  and  in  the  event  a  supply  of  nat- 
ural gas  shall  again  become  available  from  said  West  Virginia 
field  for  the  purpose  of  this  franchise  the  right  of  said  grantee 
to  furnish  manufactured  gas  shall  cease  and  it  shall  become  the 
duty  of  said  grantee  to  again  furnish  natural  gas  at  the  rates 
herein  prescribed. 

§  13.  All  bills  for  gas  shall  be  due  and  payable  ten  days  from 
the  date  thereof  and  upon  the  failure  of  any  consumer  to  pay 
any  bill  within  fifteen  days  from  such  date,  the  grantee  may  dis- 
continue the  service  of  such  consumer  and  said  grantee  shall 
not  be  required  to  furnish  service  to  such  consumer  until  he  has 
first  paid  all  money  due  the  grantee  and  in  addition  thereto  a 
charge  of  one  dollar  for  turning  on  or  reconnecting  the  service. 

§  14,  Said  grantee  shall  extend  its  mains  and  pipes  for  the 
distribution  of  natural  gas  on  such  streets,  avenues,  ways  and 
alleys  as  may  be  named  by  ordinance  of  the  General  Council 
followed  by  notice  from  the  Board  of  Public  Works  to  proceed 
thereunder  and  within  the  time  specified  in  said  notice,  provided 
that  in  every  such  case  at  least  six  consumers  on  an  average  for 
every  four  hundred  feet  of  extension  so  made  necessary  shall 
first  in  writing  'agree  to  take  such  gas  from  said  grantee  for  a 
period  not  less  than  one  year  at  the  rate  then  in  force  and  effect. 
Every  ordinance  providing  for  extending  the  mains  and  pipes  as 
above  mentioned,  shall  have  appended  thereto  the  signatures  of 
the  required  number  of  prospective  consumers  and  such  ordi- 
nance shall  further  contain  a  provision  that  in  case  such 
prospective  consumers,  or  any  of  them,  causing  a  reduction 
below  the  required  number  of  consumers,  fail  within  thirty  days 
after  the  passage  of  the  ordinance  aforesaid  to  agree  to  enter 
into  a  contract  with  the  grantee  as  herein  required,  such  ordi- 
nance shall  not  be  enforced.  If  the  grantee  should  fail  or  refuse 
to  obey  any  such  ordinance  for  a  period  of  ninety  days  after 
the  approval  of  the  same  and  after  said  consumers  have  made  or 
offered  to  m'ake  the  agreements    aforesaid,  said  grantee    shall 


FRANCHISES.  291 


pay  to  the  city  the  sum  of  five  ($5)  dollars  for  each  and  every 
day  such  failure  or  refusal  continues.  Failure  to  obey  such  ordi- 
nance authorizing  an  extension  of  mains  and  pipes  each  day 
shall  constitute  a  separate  violation,  and  shall  entitle  the  city 
to  the  aforesaid  sum. 

§  15.  If  any  street,  avenue  or  highway  is  about  to  be  paved 
or  repaved  by  the  city  of  Louisville,  said  grantee  shall,  on  notice 
from  the  Board  of  Public  Works,  make  any  extensions  of  mains 
'and  pipes  ahead  of  the  paving,  including  connection  to  the  prop- 
erty lines  where  buildings  are  already  located  and  to  the  prop- 
erty line  in  front  of  vacant  property  if  there  is  assurance  that 
houses  will  be  erected  upon  said  vacant  property  within  twelve 
months ;  provided,  however,  that  the  mains  of  said  grantee  shall 
be  already  located  not  more  than  two  hundred  (200)  feet  from 
any  portion  of  the  street  to  be  paved  or  repaved. 

§  16.  In  order  that  the  city  and  its  inhabitants  may  receive 
the  benefits  of  natural  gas  more  speedily  and  with  less  dis- 
turbance of  the  streets,  avenues,  alleys  and  ways  of  the  city  and 
less  inconvenience  to  the  public  than  would  otherwise  be  possible 
the  grantee  is  hereby  authorized  to  acquire  the  ownership  or  use 
or  control  by  consolidation,  purchase,  lease,  agreement  or  other- 
wise, of  the  pipes,  mains,  works  and  property  of  either  or  both 
the  Louisville  Gas  Company  and  the  Kentucky  Heating  Com- 
pany of  the  city  of  Louisville,  and  the  consent  of  the  city,  in  so 
far  as  such  consent  is  necessary  is  hereby  expressly  given  to  said 
grantee,  Eis  successor  land  assigns,  to  make  such  consolidation, 
transfer,  lease  or  disposition  of  his  or  their  pipes,  mains  and 
property,  with  the  provisions  that  any  consolidation,  purchase, 
lease,  agreement,  use  or  enjoyment  shall  be  subject  to  the  pro- 
visions of  this  ordinance  and  subject  to  all  rights  reserved  by 
and  for  said  city  of  Louisville  by  the  provisions  of  the  charter 
of  the  Louisville  Gas  Company,  except  the  provisions  in  ref- 
erence to  prices  of  gas  for  illuminating  purposes  and  fuel  pur- 
poses and  the  candle  power  of  said  gas,  which  provisions  are 
expressly  waived  by  the  city  in  so  far  and  for  the  time  the  phys- 
ical property  of  said  Louisville  Gas  Company  is  acquired  or  used 
under  this  franchise. 

And  the  right  of  the  city  of  Louisville  to  purchase  the  property 
of  the  Louisville  Gas  Company  at  the  expiration  of  the  charter 
of  said  Louisville  Gas  Company  is  reserved,  but  said  right  is 


292  FRANCHISES. 


deferred  until  the  expiration  of  this  franchise  if  the  property  of 
the  Louisville  Gas  Company  is  used  under  this  franchise  as  set 
forth  above. 

§  17.  This  franchise,  and  all  work  that  may  be  done  there- 
under, shall  be  subject  to  such  regulations,  rules,  laws  and  ordi- 
nances as  may  now  be  in  force,  or  which  may  be  hereafter 
enacted  or  adopted  for  the  reasonable  regulation  of  the  uses  of 
the  streets  and  ways  of  the  city  of  Louisville  and  subject  to  such 
reasonable  regulations  as  may  be  adopted  for  the  general  wel- 
fare of  the  citizens  or  the  safety  of  their  lives  and  property. 

§  18.  All  prohibitions,  forfeitures  and  obligations,  and  all 
other  provisions  of  this  ordinance  shall  be  binding  upon  the 
grantee,  his  successors  and  assigns,  whether  expressly  so  stated 
herein  or  not,  and  all  grants  and  privileges  secured  by  this  ordi- 
nance to  said  grantee  shall  be  held  to  inure  to  the  benefit  of  such 
grantee,  his  successors  land  assigns,  and  the  consent  of  the  city 
of  Louisville  is  hereby  expressly  given  to  said  grantee  to  assign 
this  ordinance  and  all  permission,  right  and  privileges  and 
authority  hereby  granted  to  any  corporation  which  may  be 
created  for  the  purpose  of  carrying  out  the  terms  and  conditions 
of  this  ordinance. 

§  19.  The  franchise  created  by  this  ordinance  is  subject  to 
the  exclusive  privilege  in  a  charter  heretofore  granted  to  the 
Louisville  Gas  Company. 

§  20.  The  franchise  hereby  created  shall  continue  for  a  period 
of  twenty  (20)  years  from  and  after  the  same  shall  become 
effective,  and  shall  constitute  a  contract  between  the  grantee, 
his  successors,  assigns  or  transferee,  and  the  city  of  Louisville, 
binding  the  grantee  to  render  the  service  herein  specified. 

§  21.  It  is  hereby  expressly  provided  that  at  the  expiration 
of  said  term  of  twenty  (20)  years  the  city  of  Louisville  may 
acquire  by  arbitration  all  the  plant,  equipment  and  construction 
installed  or  used  under  the  provisions  of  this  franchise  in  the 
following  manner: 

Notice  of  the  intent  of  said  city  to  exercise  its  option  hereby 
retained  shall  be  given  to  said  grantee,  his  successor  or  assigns, 
at  least  two  years  prior  to  the  expiration  of  said  term  of  twenty 
years.  In  case  such  parties  are  unable  to  agree  upon  a  price  to 
be  paid  therefor,  the  'amount  shall  be  fixed  by  a  Board  of  Arbi- 
tration to  be  chosen  as  follows: 


FRANCHISES.  293 


Two  members  of  said  board  shall  be  appointed  by  the  Mayor 
of  the  city  of  Louisville,  one  of  whom  shall  be  a  qualified  gas 
expert.  Two  members  of  said  board  shall  be  appointed  by  the 
grantee,  his  successor  and  assigns,  one  of  whom  shall  not  be 
interested  in  any  way  or  connected  in  any  manner  with  said 
grantee,  his  successor  or  assigns,  and  one  of  whom  shall  be  a 
qualified  gas  expert,  and  these  four  arbitrators  shall  select  a  fifth 
member  who  shall  serve  with  them  as  said  Board  of  Arbitra- 
tion, and  said  board  shall  fix  the  price  to  be  paid  therefor.  Said 
Board  of  Arbitration  shall  have  the  power  to  examine  all  the 
physical  property,  books  and  records  of  the  grantee,  his  suc- 
cessor and  assigns  at  any  time,  but  the  city  of  Louisville  shall 
not  be  required  to  purchased  at  said  price  unless  it  elects  to  do 
so,  'and  it  shall  make  its  selection  within  ninety  (90)  days  from 
the  date  of  the  report  of  said  arbitrators.  The  salary  and 
expenses  of  the  Board  of  Arbitration  shall  be  divided  equally 
between  the  grantee  and  the  city  of  Louisville. 

§  22.  The  city  of  Louisville,  through  the  inspector  herein 
provided  for,  or  other  agents  and  inspectors  hereafter  to  be 
appointed  by  the  Mayor  of  said  city  for  this  purpose,  shall  have 
the  right  at  any  time  to  examine  the  books,  papers,  contracts, 
obligations  and  agreements  of  the  grantee,  and  also  all  physical 
property,  plants,  generating  stations,  pipes,  appliances  and 
equipment  of  said  grantee,  built,  erected,  maintained  or  operated 
under  and  pursuant  to  the  provisions  of  this  ordinance.  But 
said  inspection  shall  not  be  had  more  than  once  in  any  one  year, 
and  said  inspector  or  inspectors  before  acting  on  behalf  of  the 
city,  shall  be  duly  sworn  to  secrecy  and  shall  make  their  report 
only  to  the  Mayor  of  said  city,  to  be  used  by  him  as  he  may  see 
fit  for  the  purpose  of  carrying  out  the  provisions  of  this  fran- 
chise. 

§  23.  Nothing  in  this  ordinance  contained  shall  be  construed 
as  exclusive  or  as  preventing  the  city  of  Louisville  from  granting 
a  like  franchise  or  privilege  to  lany  other  person,  firm  or  cor- 
poration. 

§  24.  It  shall  be  the  duty  of  the  Board  of  Public  Works  as 
soon  as  practicable  after  the  passage  of  this  ordinance  to  adver- 
tise by  not  less  than  two  insertion's  covering  a  period  of  not  less 
than  tw^o  weeks  in  the  Louisville  Times  and  Louisville  Anzeiger, 
daily  papers  of  the  city  of  Louisville,  the  sale  of  the  franchise 


294  FRANCHISES. 


or  privilege  herein  set  out  and  to  sell  the  same  at  public  auction 
to  the  highest  and  best  bidder  at  a  time  and  place  to  be  fixed  by 
the  said  board.  The  right  to  reject  any  and  all  bids  shall  be 
reserved.  The  highest  bid  made  by  each  bidder  shall  be  trans- 
mitted to  the  General  Council  at  its  next  meeting  following  the 
same  with  the  recommendation  of  the  Board  of  Public  Works 
as  to  which  bid  the  said  board  considers  the  highest  and  best, 
and  the  General  Council  may  accept  that  bid  which  in  its  judg- 
ment is  highest  and  best. 

§  25.  No  bid  for  such  franchise  shall  be  received  or  con- 
sidered by  said  board  unless  such  bidder  shall  at  the  time  set  for 
such  sale  deposit  with  the  person  conducting  the  sale  for  the 
city  of  Louisville  a  certified  check  payable  to  the  Treasurer  of 
said  city  for  the  sum  of  two  thousand  five  hundred  ($2,500)  dol- 
lars, duly  certified  by  some  bank  doing  business  in  the  city  of 
Louisville,  which  sum  shall  be  treated  as  part  payment  of  the 
first  installment  of  the  purchase  price  by  the  successful  bidder 
in  case  he  shall  comply  with  the  terms  of  his  bid,  but  if  he  shall 
not  do  so  it  shall  be  retained  as  liquidated  damages  due  the  city. 
Any  checks  which  may  be  deposited  by  unsuccessful  bidders 
shall  be  returned  to  them  when  the  General  Council  shall  have 
accepted  the  bid  which  in  its  judgm.ent  is  highest  and  best.  The 
upset  price  of  said  franchise  or  privilege  shall  be  and  the  same 
is  hereby  fixed  at  twenty-five  thousand  ($25,000)  dollars,  and 
the  Board  of  Public  Works  shall  not  accept  any  bid  for  less  than 
that  amount. 

§  26.  In  case  the  successful  bidder  for  said  franchise  or  privi- 
lege shall  fail,  within  forty  days  after  his  said  bid  shall  have 
been  accepted,  to  comply  with  the  provisions  of  this  ordinance, 
he  shall  forfeit  the  amount  of  his  bid  to  the  city  of  Louisville  and 
be  released  from  all  obligations  hereunder,  and  the  Board  of 
Public  Works  shall  again  advertise  said  franchise  or  privilege 
for  sale  in  the  manner  in  which  the  first  sale  was  made  and  shall 
again  sell  said  franchise  or  privilege  in  the  same  manner  and 
upon  the  same  conditions  and  requirements  in  all  respects  as  the 
original  sale  of  said  franchise  or  privilege  was  made,  and  in 
case  the  successful  bidder  at  such  sale  shall  fail  or  refuse  to  com- 
ply with  the  terms  of  said  sale  within  the  time  prescribed,  then 
the  Board  of  Public  Works  may  again  advertise  such  franchise 
or  privilege  for  sale  in  the  manner   provided   herein  and  may 


FRANCHISES.  295 


continue  to  do  so  until  said  franchise  or  privilege  is  purchased 
by  some  bidder  who  will  comply  with  the  terms  of  said  sale. 

§  28.  This  ordinance  shall  take  effect  from  and  after  its 
passage.     (Approved  March  29,  1913.) 

(See  also  Electric  Contract;  Gas  and  Electric  Inspection.) 


(3)   FRANCHISE. 

For  Conveying-  Heat. 

AN  ORDINANCE  to  provide    for   the    sale  of  a  franchise   for 
constructing,  laying  and  maintaining  a  system  of  pipes  and 
appliances  for  the  conveyance  and  distribution  of  steam  for 
heating  and  other    purposes    under    and    across  Twentieth 
street,  between  Maple  and  Howard  streets,  in  the  city  of 
Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     There  is  hereby  created  a  franchise  or  privilege  for  con- 
•structing,  laying  and    maintaining  one  two  and  one-half    inch 
pipe  and  one  one  and  one-fourth  inch  pipe  for  the    purpose  of 
conversance  and  distribution  of  steam  for  heating  and  other  pur- 
poses in,  under  and  across  Twentieth  street  at  a  point  approxi- 
mately seventy-five  (75)  feet  north  of  the  Pennsylvania  Termi- 
nal Railroad  Company's  right  of  way  and  between  Maple  and 
Howard  streets. 

§  2.  This  franchise  or  privilege  shall  continue  for  a  period 
of  twenty  (20)  years  from  the  time  same  takes  effect. 

§  3.  Said  pipes  shall  be  laid  in  and  across  the  street  author- 
ized by  this  ordinance  at  some  point  which  will  not  interfere 
with  any  pipes  or  sewers  now  occupying  said  street. 

§  4.  Said  pipe  shall  be  laid  under  the  direction  of  the  Chief 
Engineer  of  the  Board  of  Public  Works  at  such  depth  and  in 
such  manner  as  he  may  prescribe.  The  work  shall  be  done 
under  the  direct  supervision  of  an  employe  of  the  Board  of  Pub- 
lic Works  designated  by  the  Board,  and  the  bidder  to  whom  the 
franchise  is  awarded  shall  pay  the  Board  of  Public  Works  imme- 
diately upon  the  reception  of  the  work  at  the  rate  of  $4.00  per 
day  for  each  day  of  nine  hours  spent  by  such  employe  in  super- 
vising said  work. 


296  FRANCHISES. 


The  street  shall  be  restored  to  its  former  condition  to  the  satis- 
faction of  the  Chief  Engineer  of  the  city. 

§  5.  The  bidder  to  whom  this  franchise  or  privilege  shall  be 
awarded  shall  at  his  or  its  expense  change  the  location  of  the 
pipes  and  appliances  installed  under  this  ordinance  upon  notice 
to  the  Board  of  Public  Works  that  said  location  interferes  with 
other  plans  for  the  use  of  the  public  way  herein. 

§  6.  Said  bidder  shall  not  only  comply  with  the  present  law 
with  reference  to  smoke  consumers,  but  shall  at  any  time  make 
such  changes  as  future  inventions  and  laws  and  ordinances  may 
invent  as  a  means  of  lessening  the  issuance  of  smoke  into  the  air. 

§  7.  As  soon  as  may  be  practicable  after  the  passage  of  this 
ordinance  it  shall  be  the  duty  of  the  Board  of  Public  Works  to 
[advertise  in  at  least  one  daily  paper  published  in  the  city  of 
Louisville  by  two  insertions  covering  a  period  of  not  less  than 
ten  (10)  days,  that  bids  will  be  publicly  received  for  the  before- 
mentioned  franchise  or  privilege  and  said  Board  shall  thereafter 
according  to  such  advertisement  receive  such  bids  and  award 
such  franchise  or  privilege  to  the  highest  and  best  bidder;  sub- 
ject, however,  to  the  approval  of  the  General  Council  of  said, 
city.  Such  advertisement  shall  reserve  the  right  to  reject  any 
and  all  bids. 

§  8.  The  bidder  to  whom  such  franchise  or  privilege  shall  be 
awarded  shall  pay  the  amount  of  such  bid  in  cash  to  the  Treas- 
urer of  said  city  within  ten  days  after  the  same  shall  have  been 
approved  by  the  General  Council  and  no  bid  shall  be  received  or 
considered  by  said  Board  of  Public  Works  unless  the  bidder 
shall  deposit  with  his  bid  a  check,  payable  to  the  Treasurer  of 
said  city  for  the  sum  of  $25.00  and  which  check  shall  have  been 
duly  certified  by  a  bank  established  and  doing  a  regular  busi- 
ness in  the  city  of  Louisville.  Said  sum  of  twenty-five  ($25.00) 
dollars  shall  be  treated  as  part  payment  by  the  successful  bidder 
in  case  he  complies  with  his  bid,  and  if  he  shall  not  comply  with 
his  bid,  it  shall  be  treated  and  retained  as  liquidated  damages 
to  the  city. 

§  9.  The  bidder  to  whom  such  franchise  or  privilege  shall 
be  awarded  shall  within  ten  (10)  days  after  the  privilege 
becomes  operative  execute  bond  to  the  city  of  Louisville  with 
good  and  sufficient  sureties  to  be  approved  by  the  city  in  the 
sum  of  two  thousand   ($2,000.00)   dollars,  conditioned  upon  the 


FRANCHISES.  ^  297 


faithful  performance  and  discharge  of  all  the  obligations 
imposed  by  this  ordinance  from  the  date  thereof  and  same  shall 
be  and  remain  in  force  and  effect  during  the  life  of  this  fran- 
chise ;  said  bond  shall  further  be  conditioned  that  the  purchaser 
of  said  franchise  shall  defend  all  suits  and  pay  all  judgments 
against  the  city  of  Louisville  arising  out  of  the  construction, 
maintenance  or  operation  of  the  pipes  in  the  streets  aforesaid 
authorized  by  this  ordinance. 

§  10.  No  sale  of  such 'franchise  or  privilege  shall  be  made  for 
less  than  fifty  ($50.00)  dollars. 

§  11.  In  case  the  successful  bidder  for  said  franchise  or 
privilege  shall  fail  within  ten  days  after  said  bid  shall  have  been 
accepted  to  pay  to  the  City  Treasurer  the  full  purchase  price  of 
said  franchise  or  privilege  and  furnish  the  bond  required  in  sec- 
tion 9  hereof,  the  Board  of  Public  Works  shall  again  advertise 
said  franchise  or  privilege  for  sale  as  provided  herein,  and  shall 
•again  sell  said  franchise  or  privilege  in  the  same  manner  and 
upon  the  same  conditions  and  requirements  in  all  respects  as  the 
original  sale  of  said  franchise  or  privilege  was  made,  and  shall 
continue  to  do  so,  provided  that  said  franchise  shall  not  be  adver- 
tised for  sale  the  second  time  unless  some  prospective  purchaser 
shall  request  the  Board  to  so  offer  it  for  sale. 

Every  bidder  who  fails  to  comply  with  the  terms  of  his  bid 
w^hen  accepted  shall  be  liable  to  the  city  for  the  amount  by  which 
his  bid,  less  his  deposited  check,  exceeds  the  amount  for  which 
the  franchise  is  ultimately  sold. 

§  12.  Nothing  in  this  ordinance  shall  be  construed  as  exclu- 
sive, or  as  preventing  the  city  of  Louisville  from  granting  a  like 
privilege  to  any  other  person,  firm  or  corporation. 

§  13.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage.    (Approved  August  22,  1918.) 


298  FRANCHISES. 


(4)  FRANCHISE. 

Electric  Conduits. 

AN  ORDINANCE  creating  the  franchise  or  privilege  of  con- 
structing, laying,  and  maintaining  wires  for  conducting  elec- 
tricity across  Ninth  street,  between  Broadway  and  York 
streets,  and  thence  through  the  first  alley  south  of  Broad- 
way between  Eighth  and  Ninth  streets,  and  thence  across 
Eighth  street,  and  also  along  Ninth  street  from  the  first  alley 
south  of  Broadway,  northwardly  extending  across  Broadway 
and  thence  along  Ninth  street  from  Broadway  to  the  first 
alley  north  of  Broadway  with  the  privilege  of  constructing 
the  necessary  poles  to  lay  and  m:aintain  said  wires;  and  dis- 
tributing said  electricity  to  the  buildings  occupied  by  the 
Louisville  &  Nashville  Railroad  Company  at  the  southeast 
corner  of  Eighth  and  Broadway  and  at  the  northeast  corner 
of  Ninth  and  Broadway  streets,  and  providing  for  the  sale 
of  said  franchise. 

Be  it  ordaiyied  by  the  General  Council  of  the  city  of  Louisville: 
§  1,  There  is  hereby  created  a  franchise  or  privilege  for  con- 
structing, laying  and  maintaining  wires  and  the  necessary  poles 
for  conducting  electricity  across  Ninth  street  between  Broad- 
way and  York  streets,  and  thence  through  the  first  alley  south 
of  Broadway  between  Eighth  and  Ninth  streets,  and  thence 
across  Eighth  street,  and  also  along  Ninth  street  from  the  first 
alley  south  of  Broadway,  northwardly  extending  across  Broad- 
way and  thence  along  Ninth  street  from  Broadway  to  the  first 
alley  north  of  Broadway  with  the  privilege  of  constructing  the 
necessary  poles  to  lay  and  maintain  said  wires,  and  distributing 
said  electricity  to  the  buildings  occupied  by  the  Louisville  & 
Nashville  Railroad  Company  at  the  southeast  corner  of  Eighth 
and  Broadway  and  at  the  northeast  corner  of  Ninth  and  Broad- 
way streets. 

§  2.  This  franchise  or  privilege  shall  continue  for  a  period 
of  twenty  years  from  the  time  the  purchase  thereof  is  approved 
by  the  General  Council. 

§  3.  Said  wires  shall  be  constructed,  strung  and  maintained 
over  and  across  the  streets  authorized  by  this  ordinance  at  some 
point  which  will  not  interfere  with  any  existing  wires  now  occu- 
pying said  streets. 


FRANCHISES.  299 


§  4.  The  construction  of  said  wires  shall  be  done  at  the 
expense  of  the  bidder  to  whom  this  franchise  is  awarded,  under 
the  supervision  of  and  according  to  the  plans  to  be  approved  by 
the  Board  of  Public  Works.  Said  construction  shall  be  done 
under  the  supervision  of  an  employe  of  the  Board  of  Public 
Works,  to  be  designated  by  said  Board,  and  the  bidder  to  whom 
this  franchise  or  privilege  is  awarded  shall  pay  to  the  city  of 
Louisville  the  actual  cost  to  it  of  the  services  of  such  employe 
in  such  service. 

§  5.  The  bidder  to  whom  this  franchise  or  privilege  shall  be 
awarded  shall  at  his  or  its  expense  change  the  location  of  said 
wires  constructed  under  this  ordinance  upon  notice  from  the 
Board  of  Public  Works  that  such  plans  interfere  with  the  use 
of  the  public  "ways  herein. 

§  6.  Th'at  the  acceptance  of  this  franchise  or  privilege  shall 
be  construed  as  an  acceptance  by  the  purchaser  of  all  the  condi- 
tions herein  set  forth. 

The  grantee  of  this  franchise  shall  save  the  city  harmless 
from  all  loss  and  damage  which  may  be  done  to  its  public  ways 
or  other  property,  or  to  persons  or  property  of  individuals  by 
the  conduct  of  the  grantee's  business,  or  arising  out  of  the  uses 
'and  privileges  herein  granted  and  shall  defend  all  suits  and  pay 
all  judgments  against  the  city  of  Louisville  arising  out  of  the 
construction,  m^aintenance  or  operation  of  said  wires  and  poles 
over  and  upon  said  streets  authorized  to  be  constructed  and 
maintained  by  this  ordinance. 

§  8.  Nothing  in  this  ordinance  shall  be  construed  as  being 
exclusive  or  as  preventing  the  city  of  Louisville  from  granting 
franchises  or  privileges  to  other  parties  for  the  distribution  and 
sale  of  electricity. 

§  9.  As  soon  as  may  be  practicable  after  the  passage  of  this 
ordinance  it  shall  be  the  duty  of  the  Board  of  Public  Works  to 
advertise  in  at  least  one  daily  paper  published  in  the  city  of 
Louisville  by  two  insertions  covering  'a  period  of  not  less  than 
ten  (10)  days,  that  bids  will  be  publicly  received  for  the  before- 
mentioned  franchise  or  privilege  and  said  Board  shall  thereafter 
according  to  such  advertisement  receive  such  bids  and  award 
such  franchise  or  privilege  to  the  highest  and  best  bidder,  sub- 
ject, however,  to  the  approval  of  the  General  Council  of  said 


300  FRANCHISES. 


city.     Such  advertisement  shall  reserve  the  right  to  reject  any 
and  all  bids. 

§  10.  The  bidder  to  whom, such  franchise  or  privilege  shall 
be  awarded  shall  pay  the  amount  of  such  bid  in  cash  to  the  Treas- 
urer of  said  city  within  ten  days  after  the  same  shall  have  been 
approved  by  the  General  Council  and  no  bid  shall  be  received  or 
considered  by  said  Board  of  Public  Works  unless  the  bidder 
shall  deposit  with  his  bid  a  check,  payable  to  the  Treasurer  of 
said  city  for  the  sum  of  twenty-five  ($25.00)  dollars,  and  which 
check  shall  have  been  duly  certified  by  a  bank  established  and 
doing  a  regular  business  in  the  city  of  Louisville.  Siaid  sum  of 
twenty-five  ($25.00)  dollars  shall  be  treated  as  part  payment  by 
the  successful  bidder  in  case  he  complies  with  his  bid,  and  if  he 
shall  not  comply  with  his  bid,  it  shall  be  treated  and  retained  as 
liquidated  damages  to  the  city. 

§  11.  No  sale  of  such  franchise  or  privilege  shall  be  made 
for  less  than  twenty-five   ($25.00)   dollars. 

§  12.  In  case  the  successful  bidder  for  said  franchise  or 
privilege  shall  fail  within  ten  days  after  said  bid  shall  have  been 
accepted  to  pay  to  the  City  Treasurer  the  full  purchase  price  of 
said  franchise  or  privilege,  the  Board  of  Public  Works  shall 
again  advertise  said  franchise  or  privilege  for  sale  as  provided 
herein,  and  shall  again  sell  said  franchise  or  privilege  in  the 
same  manner  and  upon  the  same  conditions  and  requirements  in 
all  respects  as  the  original  sale  of  said  franchise  or  privilege  was 
made,  and  shall  continue  to  do  so,  provided  that  said  franchise 
shall  not  be  advertised  for  sale  the  second  time  unless  some 
prospective  purchaser  shall  request  the  Board  to  so  offer  it  for 
sale. 

Every  bidder  who  fails  to  comply  with  the  terms  of  his  bid 
when  accepted  shall  be  liable  to  the  city  for  the  amount  by 
which  his  bid,  less  his  deposited  check,  exceeds  the  amount  for 
which  the  franchise  is  ultimately  sold. 

§  13.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage.     (Approved  Fehruai-y  27,  1919.) 


FRANCHISES.  301 


(5)  FRANCHISE. 

Heat. 

AN  ORDINANCE  creating  a  franchise  or  privilege  of  construct- 
ing, laying  and  maintaining  a  pipe  for  the  conveyance  and 
distribution  of  steam  for  heating  purposes  in,   under    and 
across  Cedar  street  between  Fourteenth  Fifteenth  streets. 
Be  it  ordained  by  the  General  Council  of  the  citjj  of  Louisville: 

§  1.  There  is  hereby  created  a  franchise  or  privilege  for  con- 
structing, laying  and  maintaining  a  pipe  not  exceeding  two  and 
one-half  inches  in  diameter  for  the  conveyance  and  distribution 
of  steam  for  heat  in,  under  and  across  Cedar  street  between 
Fourteenth  and  Fifteenth  streets,  at  a  point  approximately 
sixty-five   (65)   feet  west  of  Fourteenth  street. 

§  2.  This  franchise  or  privilege  shall  continue  for  a  period 
of  twenty  (20)  years  from  the  time  same  shall  take  effect. 

§  3.  All  work  done  under  this  franchise  shall  be  done  in 
accordance  with  such  plans  and  specifications  and  subject  to 
such  rules  and  regulations  as  shall  be  approved  by  the  Board 
of  Public  Works  of  Louisville,  Kentucky. 

§  4.  The  grantee  of  this  franchise  shall,  at.  its  own  expense, 
change  the  location  of  mains,  pipes  and  appliances  installed 
under  this  franchise  upon  notice  from  the  Board  of  Public 
Works  that  said  location  interferes  with  other  plans  for  the  use 
of  the  public  way  herein. 

§  5.  Said  company  shall  not  only  comply  with  the  present  law 
with  reference  to  smoke  consumers,  but  shall  at  all  times  make 
changes  as  future  inventions  and  laws  and  ordinances  may  direct 
as  a  means  of  lessening  the  issuance  of  smoke  into  the  air. 

§  6.  Nothing  in  this  franchise  shall  be  construed  as  exclusive 
or  as  preventing  the  city  of  Louisville  from  granting  franchises 
or  privileges  to  other  parties  for  the  distribution  of  steam. 

§  7.  As  soon  as  may  be  practicable  after  the  approval  of  this 
ordinance  it  shall  be  the  duty  of  the  Board  of  Public  Works  to 
advertise  in  two  papers  of  the  city  of  Louisville,  by  two  inser- 
tions covering  a  period  of  not  less  than  ten  (10)  days,  that  said 
franchise  or  privilege  will  be  sold  at  public  auction,  and  said 
Board  shall  thereafter,  according  to  such  advertisement,  receive 
such  bids  and  award  such  franchise  or  privilege  to  the  highest 


302  FRANCHISES. 


and  best  bidder,  subject,  however,  to  the  approval  of  the  Gen- 
eral Council  of  the  city  of  Louisville.  The  Board  of  Public 
Works  shall  reserve  the  right  to  reject  any  and  all  bids,  and  the 
advertisement  shall  so  provide. 

§  8.  The  bidder  to  whom  such  franchise  or  privilege  shall  be 
awarded  shall  pay  the  amount  of  such  bid  in  cash  to  the  Treas- 
urer of  said  city  within  ten  (10)  days  after  the  same  shall  have 
been  approved  by  the  General  Council,  and  no  bid  shall  be 
received  or  considered  by  said  Board  of  Public  Works  unless  the 
bidder  shall  deposit  with  his  bid  a  check  payable  to  the  City 
Treasurer  for  the  sum  of  five  ($5.00)  dollars  and  which  check 
shall  have  been  duly  certified  by  a  bank  established  and  doing 
business  in  the  city  of  Louisville. 

Said  sum  of  five  ($5.00)  dollars  shall  be  treated  as  payment 
by  the  successful  bidder  in  case  he  complies  with  his  bid,  and 
if  he  shall  not  comply  with  his  bid  shall  be  treated  and  retained 
as  liquidated  damages  due  the  said  city,  subject  to  the  provisions 
of  section  12  hereof  as  to  further  damages  in  case  said  franchise 
shall  be  resold. 

§  9.  The  bidder  to  whom  such  franchise  or  privilege  shall  be 
awarded  shall,  within  ten  (10)  days  after  the  privilege  becomes 
operative,  execute  to  the  city  of  Louisville  with  good  and  suffi- 
cient sureties,  a  bond  to  be  approved  by  the  Board  of  Public 
Works  in  the  sum  of  five  hundred  ($500.00)  dollars,  conditioned 
upon  the  faithful  performance  and  discharge  of  the  obligations 
imposed  by  the  ordinance  from  the  date  thereof  and  same  shall 
be  and  remain  in  force  and  effect  during  the  life  of  this  fran- 
chise. Said  bond  shall  further  be  conditioned  that  the  purchaser 
of  said  franchise  shall  defend  all  suits  and  pay  all  judgments 
against  the  city  of  Louisville  arising  out  of  the  construction, 
maintenance  and  operation  of  the  structures  authorized  under 
this  franchise. 

§  10.  No  sale  of  such  franchise  or  privilege  shall  be  made 
for  less  than  the  sum  of  five  ($5.00)  dollars  and  the  cost  of 
advertising  the  sale  of  the  franchise,  as  provided  herein. 

§  11.  In  case  the  successful  bidder  for  the  franchise  or  priv- 
ilege shall  fail  within  ten  days  after  said  bid  shall  have  been 
accepted  to  pay  the  city  of  Louisville  the  full  purchase  price  of 
said  franchise  or  privilege  and  furnish  the  bond  required  in  sec- 
tion 9  hereof,  the  Board  of  Public  Works  shall  again  advertise 


FRANCHISES.  303 


said  franchise  or  privilege  for  sale  as  provided  herein,  and  shall 
again  sell  said  franchise  or  privilege  in  the  same  manner  and 
upon  the  same  conditions  and  requirements  in  all  respects  as  the 
original  sale  of  said  franchise  or  privilege  was  made,  and  shall 
continue  to  do  so;  provided,  that  said  franchise  shall  not  be 
advertised  for  sale  the  second  time  unless  deemed  advisable  by 
the  Board  of  Public  Works. 

Every  bidder  who  fails  to  comply  with  the  terms  of  his  bid 
when  accepted  shall  be  liable  to  the  city  for  the  amount  by  which 
his  bid,  less  his  deposited  check,  exceeds  the  amount  for  which 
the  franchise  is  ultimately  sold. 

§  12.  This  ordinance  shall  take  effect  and  be  in  force  on  and 
after  its  passage.      {Approved  December  12,  1918.) 


(6)   FRANCHISE. 

Steam  Heat. 

AN  ORDINANCE  to  provide  for  the  sale  of  a  franchise  for  con- 
struction, laying  and  maintaining  a  system  of  pipes  and 
appliances  for  the  conveyance  and  distribution  of  steam  for 
heating  and  other  purposes  under  and  across  Fifth  street 
between  Market  street  and  Main  streets,  and  in,  under  and 
across  Market  street  between  Fifth  street  and  Sixth  street, 
in  the  city  of  Louisville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  There  is  hereby  created  a  franchise  or  privilege  for  con- 
structing, laying  and  maintaining  one  twelve-inch  casing  con- 
taining pipes  for  the  conveyance,  distribution  and  sale  of  steam 
for  heating  and  other  purposes  to  public  and  private  consumers 
in,  under  and  across  Fifth  street  at  a  point  approximately  ten 
(10)  feet  north  of  Market  street  and  in,  under  and  across 
Market  street  at  a  point  approximately  forty-one  (41)  feet  west 
of  Fifth  street. 

§  2.  This  franchise  or  privilege  shall  continue  for  a  period 
of  twenty   (20)   years  from  the  time  same  takes  effect. 

§  3.  Said  pipes  shall  be  laid  in  and  across  the  street  author- 
ized by  this  ordinance  at  some  point  which  will  not  interfere 
with  any  existing  pipes  or  sewers  now  occupying  said  street. 


304  FRANCHISES. 


§  4.  Said  pipes  shall  be  laid  under  the  direction  of  the  Chief 
Engineer  of  the  Board  of  Public  Works  at  such  depth  and  in 
such  manner  as  he  may  prescribe.  The  work  shall  be  done  under 
the  direct  supervision  of  an  employe  of  the  Board  of  Public 
Works  designated  by  the  Board,  and  the  bidder  to  whom  the 
franchise  is  awarded  shall  pay  to  the  Board  of  Public  Works 
immediately  upon  the  reception  of  the  work  at  the  rate  of  $3.00 
per  day  for  each  day  of  nine  hours  spent  by  such  employe  in 
supervising  said  work. 

The  street  shall  be  restored  to  its  former  condition  to  the  satis- 
faction of  the  Chief  Engineer  of  the  city. 

§  5.  The  bidder  to  whom  this  franchise  or  privilege  shall  be 
awarded  shall  at  his  or  its  expense  change  the  location  of  the 
pipes  and  appliances  installed  under  this  ordinance  upon  notice 
to  the  Board  of  Public  Works  that  said  location  interferes  with 
other  plans  for  the  use  of  the  public  way  herein. 

§  6.  Said  bidder  shall  not  only  comply  with  the  present  law 
with  reference  to  smoke  consumers,  but  shall  at  any  time  make 
such  changes  as  future  inventions  and  laws  and  ordinances  may 
invent  as  a  means  of  lessening  the  issuance  of  smoke  into  the  air. 

§  7.  As  soon  as  may  be  practicable  after  the  passage  of  this 
ordinance,  it  shall  be  the  duty  of  the  Board  of  Public  Works  to 
advertise  in  at  least  one  daily  paper  published  in  the  city  of 
Louisville  by  two  insertions  covering  a  period  of  not  less  than 
ten  (10)  days,  that  bids  will  be  publicly  received  for  the  before- 
mentioned  franchise  or  privilege  and  said  Board  shall  there- 
after, according  to  such  advertisement,  receive  such  bids  and 
award  such  franchise  or  privilege  to  the  highest  and  best  bid- 
der, subject,  however,  to  the  approval  of  the  General  Council  of 
said  city.  Such  advertisement  shall  reserve  the  right  to  reject 
any  and  all  bids. 

§  8.  The  bidder  to  whom  such  franchise  or  privilege  shall  be 
awarded  shall  pay  the  amount  of  such  bid  in  cash  to  the  Treas- 
urer of  said  city  within  ten  days  after  the  same  shall  have  been 
approved  by  the  General  Council,  and  no  bid  shall  be  received  or 
considered  by  said  Board  of  Public  Works  unless  the  bidder  shall 
deposit  with  his  bid  a  check,  payable  to  the  Treasurer  of  said 
city  for  the  sum  of  fifty  ($50)  dollars,  and  which  check  shall 
have  been  duly  certified  by  a  bank  established  and  doing  a  regu- 
lar business  in  the  city  of  Louisville.     Said  sum  of  fifty  ($50) 


FRANCHISES.  305 


dollars  shall  be  treated  as  part  payment  by  the  successful  bidder 
in  case  he  complies  with  his  bid,  and  if  he  shall  not  comply  with 
his  bid,  it  shall  be  treated  and  retained  as  liquidated  damages  to 
the  city. 

§  9.  The  bidder  to  whom  such  franchise  or  privilege  shall  be 
awarded  shall,  within  ten  (10)  days  after  the  privilege  becomes 
operative,  execute  bond  to  the  city  of  Louisville  with  good  and 
sufficient  sureties  to  be  approved  by  the  city  in  the  sum  of  five 
thousand  ($5,000.00)  dollars,  conditioned  upon  the  faithful  per- 
formance and  discharge  of  all  the  obligations  imposed  by  this 
ordinance  from  the  date  thereof,  and  same  shall  be  and  remain 
in  force  and  effect  during  the  life  of  this  franchise;  said  bond 
shall  further  be  conditioned  that  the  purchaser  of  said  franchise 
shall  defend  all  suits  and  pay  all  judgments  against  the  city  of 
Louisville  arising  out  of  the  construction,  maintenance  or  opera- 
tion of  the  pipes  in  the  streets  aforesaid  authorized  by  this  ordi- 
nance. 

§  10.  No  sale  of  such  franchise  or  privilege  shall  be  made  for 
less  than  one  hundred  ($100.00)  dollars. 

§  11.  In  case  the  successful  bidder  for  said  franchise  or 
privilege  shall  fail  within  ten  days  after  said  bid  shall  have 
been  accepted  to  pay  to  the  City  Treasurer  the  full  purchase 
price  of  said  franchise  or  privilege  and  furnish  the  bond  required 
in  section  9  hereof,  the  Board  of  Public  Works  shall  again  adver- 
tise said  franchise  or  privilege  for  sale  as  provided  herein,  and 
shall  again  sell  said  franchise  or  privilege  in  the  same  manner 
and  upon  the  same  conditions  and  requirements  in  all  respects 
as  the  original  sale  of  said  franchise  or  privilege  was  made,  and 
shall  continue  to  do  so,  provided  that  said  franchise  shall  not 
be  advertised  for  sale  the  second  time  unless  some  prospective 
purchaser  shall  request  the  Board  to  so  offer  it  for  sale. 

Every  bidder  who  fails  to  comply  with  the  terms  of  his  bid 
when  accepted  shall  be  liable  to  the  city  for  the  amount  by  which 
his  bid  less  his  deposited  check  exceeds  the  amount  for  which 
the  franchise  is  ultimately  sold. 

§  12.  Nothing  in  this  ordinance  shall  be  construed  as  exclu- 
sive or  as  preventing  the  city  of  Louisville  from  granting  a  like 
privilege  to  any  other  person,  firm  or  corporation. 

§  13.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage.    (Approved  October  24,  1918.) 


306  FRANCHISES. 


(7)  FRANCHISE. 

AN  ORDINANCE  for  creating  and  the  sale  of  a  franchise  or 
privilege  of  laying  a  pipe  or  pipes  and  appliances  for  the 
conveyance  of  water  and  steam  across  Howard  street  between 
Eighteenth  and  Twentieth  streets. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  There  is  hereby  created  a  franchise  or  privilege  for  con- 
structing, laying  and  maintaining  one  pipe  or  conduit  in  which 
may  be  placed  other  pipes  for  the  transmission  of  water  and 
steam  across  Howard  street  between  Eighteenth  and  Twentieth 
streets  at  a  point  approximately  three  hundred  (300)  feet  west 
of  Eighteenth  street,  in  the  city  of  Louisville. 

§  2.  This  franchise  or  privilege  shall  continue  for  a  period 
of  twenty  (20)  years  from  the  time  the  same  shall  take  effect. 

§  3.  All  work  done  under  this  franchise  shall  be  done  in 
accordance  with  such  plans  and  specifications  and  subject  to 
such  rules  and  regulations  as  shall  be  approved  by  the  Board  of 
Public  Works  of  Louisville,  Kentucky. 

§  4.  The  grantee  of  this  franchise  shall,  at  its  own  expense, 
change  the  location  of  mains,  pipes  and  appliances  installed 
under  this  franchise  upon  notice  from  the  Board  of  Public  Works 
that  said  location  interferes  with  other  plans  for  the  use  of  the 
public  way  herein. 

§  5.  Said  company  shall  not  only  comply  with  the  present 
law  with  reference  to  smoke  consumers,  but  shall  at  any  time 
m.ake  such  changes  as  future  inventions  and  laws  and  ordinances 
may  direct  as  to  means  of  lessening  the  issuance  of  smoke  into 
the  air. 

§  6.  Nothing  in  this  franchise  shall  be  construed  as  exclusive 
or  as  preventing  the  city  of  Louisville  from  granting  franchises 
or  privileges  to  other  parties  for  the  distribution  and  sale  of 
steam. 

§  7.  As  soon  as  may  be  practicable  after  the  opproval  and 
passage  of  this  ordinance  it  shall  be  the  duty  of  the  Board  of 
Public  Works  to  advertise  in  a  daily  newspaper  published  in 
Louisville,  Kentucky,  by  two  insertions  covering  a  period  of  not 
less  than  ten  (10)  days,  that  said  franchise  or  privilege  will  be 
sold  at  public  auction,  and  said  Board  shall  thereafter,  accord- 
ing to  such  advertisement,  receive    such   bids  and  award    such 


FRANCHISES.  307 


franchise  or  privilege  to  the  highest  and  best  bidder,  subject, 
however,  to  the  approval  of  the  General  Council  of  the  city  of 
Louisville ;  the  Board  of  Public  Works  shall  reserve  the  right 
to  reject  any  and  all  bids,  and  the  advertisement  shall  so  pro- 
vide. 

§  8.  The  bidder  to  whom  such  franchise  or  privilege  shall  be 
awarded  shall  pay  the  amount  of  such  bid  in  cash  to  the  Treas- 
urer of  said  city  within  ten  (10)  days  after  the  same  shall  have 
been  approved  by  the  General  Council,  and  no  bid  shall  be 
received  or  considered  by  said  Board  of  Public  Works  unless  the 
bidder  shall  deposit  with  his  bid  a  check  payable  to  the  Treas- 
urer of  said  city  for  the  sum  of  thirty  ($30)  dollars,  and  which 
check  shall  have  been  duly  certified  by  a  bank  established  and 
doing  a  regular  business  in  the  city  of  Louisville. 

§  9.  Said  sum  of  thirty  ($30)  dollars  shall  be  treated  as 
part  payment  by  the  successful  bidder  in  case  he  complies  with 
his  bid,  and  if  he  shall  not  comply  with  his  bid  it  shall  be  treated 
and  retained  as  liquidated  damages  due  to  the  said  city,  subject  to 
the  provisions  of  section  12  hereof  as  to  further  damages  in  case 
said  franchise  shall  be  resold. 

§  10.  The  bidder  to  whom  such  franchise  or  privilege  shall  be 
awarded  shall,  within  ten  days  after  the  privilege  becomes  opera- 
tive, execute  to  the  city  of  Louisville,  with  good  and  sufficient 
sureties,  a  bond  to  be  approved  by  the  Board  of  Public  Works 
in  the  sum  of  $5,000,  conditioned  upon  the  faithful  performance 
and  discharge  of  the  obligations  imposed  by  the  ordinance  from 
the  date  thereof,  and  same  shall  be  and  remain  in  force  and 
effect  during  the  life  of  this  franchise.  Said  bond  shall  further 
be  conditioned  that  the  purchaser  of  said  franchise  shall  defend 
all  suits  and  pay  all  damages  against  the  city  of  Louisville 
arising  out  of  the  construction,  maintenance  and  operation  of 
the  structures  authorized  under  this  franchise. 

§  11.  No  sale  of  such  franchise  or  privilege  shall  be  made 
for  less  than  the  sum  of  thirty  ($30)  dollars  and  the  cost  of 
advertising  the  sale  of  the  franchise  as  provided  herein. 

§  12.  In  case  the  successful  bidder  for  the  franchise  or  privi- 
lege shall  fail  within  ten  days  after  said  bid  shall  have  been 
accepted  to  pay  the  city  of  Louisville  full  purchase  price  of  said 
franchise  or  privilege  and  furnish  the  bond  required  in  section 
10  hereof,  the  Board  of  Public  Works  shall  again  advertise  said 


308  FRANCHISES. 


franchise  or  privilege  for  sale  as  provided  herein  and  shall  again 
sell  said  franchise  or  privilege  in  the  same  manner  and  upon  the 
same  conditions  and  requirements  in  all  respects  as  the  original 
sale  of  said  franchise  or  privilege  was  made,  and  shall  continue 
to  do  so,  provided  that  said  franchise  shall  not  be  advertised  for 
sale  the  second  time  unless  deemed  advisable  by  the  Board  of 
Public  Works. 

Every  bidder  who  fails  to  comply  with  the  terms  of  his  bid 
when  accepted  shall  be  liable  to  the  city  for  the  amount  by  which 
his  bid,  less  his  deposited  check,  exceeds  the  amount  for  which 
the  franchise  is  ultimately  sold. 

§  13.  This  ordinance  shall  take  effect  and  be  in  force  on  and 
after  its  passage.     {Approved  October  23,  1919.) 


(8)  FRANCHISE. 

AN  ORDINANCE  creating  a  franchise  or  privilege  of  con- 
structing, maintaining  and  operating  a  pipe  or  conduit,  or 
system  of  pipes  or  conduits,  across  and  in  the  first  alley 
south  of  Chestnut  street,  from  Fourth  to  Fifth  streets;  and 
across  and  in  the  alley  from  the  first  alley  south  of  Chestnut 
street  to  the  first  alley  north  of  Broadway,  being  between 
Fourth  and  Fifth  streets;  and  across  and  in  the  first  alley 
north  of  Broadway,  from  Fourth  to  Fifth  streets,  for  the 
purpose  of  conducting  steam  for  heating  purposes. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1,  There  is  hereby  created  by  the  General  Council  of  the 
city  of  Louisville  a  franchise  or  privilege  for  constructing,  main- 
taining and  operating  a  pipe  or  conduit,  or  system  of  pipes  or 
conduits,  across  and  in  the  first  alley  south  of  Chestnut  street, 
from  Fourth  to  Fifth  streets;  and  across  and  in  the  alley  from 
the  first  alley  south  of  Chestnut  street  to  the  first  alley  north  of 
Broadway,  being  between  Fourth  and  Fifth  streets ;  and  across 
and  in  the  first  alley  north  of  Broadway,  from  Fourth  to  Fifth 
streets,  for  the  purpose  of  conducting  steam  for  heating  pur- 
poses. Said  pipe  or  conduct,  or  system  of  pipes  or  conduits,  shall 
be  located  in  said  alleys  as  shall  be  directed  by  the  Board  of  Pub- 
lic Works  and  shall  in  no  wise  interfere  with  any  sewers  or  other 
existing  structures. 


FRANCHISES.  309 


§  2.  This  franchise  or  privilege  shall  continue  for  a  period  of 
twenty  years  from  the  time  same  shall  take  effect. 

§  3.  All  work  done  under  this  franchise  or  privilege  shall  be 
done  in  accordance  with  such  plans  and  specifications  and  sub- 
ject to  such  rules  and  regulations  as  shall  be  approved  by  the 
Board  of  Public  Works  of  Louisville,  Kentucky. 

§  4.  Nothing  in  this  franchise  shall  be  construed  as  exclusive 
or  preventing  the  city  of  Louisville  from  granting  a  franchise  or 
privilege  to  other  parties  for  the  purpose  of  conducting  steam 
for  heating  purposes  in  or  across  the  above-described  alleys. 

§  5.  That  the  acceptance  of  this  franchise  or  privilege  shall 
be  construed  as  an  acceptance  by  the  purchaser  of  all  the  condi- 
tions herein  set  forth. 

§  6.  Before  proceeding  to  construct  said  herein  described 
pipe  or  conduit,  or  system  of  pipes  or  conduits,  in  so  far  as  the 
same  shall  lie  in  or  across  any  public  way,  or  to  repair  same 
after  it  has  been  constructed,  the  purchaser  of  said  franchise  or 
privilege  shall  obtain  from  the  Board  of  Public  Works  of  the  city 
of  Louisville  a  permit  to  perform  the  work  in  question.  Such 
work  of  construction  or  repair  shall  be  done  under  the  super- 
vision of  an  employe  of  the  Board  of  Public  Works,  to  be  desig- 
nated by  said  Board  of  Public  Works,  and  the  purchaser  of  said 
franchise  or  privilege  shall  pay  to  the  city  of  Louisville  for  each 
day  spent  by  said  employe  in  said  supervision  the  exact  cost  of 
the  employment  of  said  employe  of  the  city  of  Louisville. 

§  7.  The  bidder  to  whom  such  franchise  or  privilege  shall  be 
awarded  shall,  within  ten  days  after  the  privilege  becomes  opera- 
tive, execute  to  the  city  of  Louisville  with  good  and  sufficient 
securities,  a  bond  to  be  approved  by  the  Board  of  Public  Works 
in  the  sum  of  $5,000.00,  conditioned  upon  the  faithful  per- 
formance and  discharge  of  the  obligations  imposed  by  the  ordi- 
nance from  the  date  thereof  and  same  shall  remain  in  force  and 
eflfect  during  the  life  of  this  franchise.  Said  bond  shall  further 
be  conditioned  that  the  purchaser  shall  indemnify  and  save  harm- 
less the  city  of  Louisville  from  any  claims  for  damages  by  reason 
of  the  construction,  maintenance  or  operation  of  said  pipe  or 
conduits,  or  system  of  pipes  or  conduits,  or  by  the  failure  to 
repair  the  same.  The  acceptance  of  this  franchise  or  privilege 
and  the  construction  of  said  pipe  or  conduit,  or  system  of  pipes 


310  FRANCHISES. 


or  conduits,  shall  bind  the  said  purchaser,  its  successors  and 
assigns  to  the  city  of  Louisville  for  the  perfoniance  of  said 
undertakings  and  provisions  of  said  ordinance,  and  it  is 
expressly  understood  that  the  amount  of  the  bond  herein  speci- 
fied shall  not  limit  the  amount  of  the  obligation  which  the  pur- 
chaser of  said  franchise  may  incur  by  virtue  of  the  defense  of 
any  and  all  suits  which  may  be  brought  against  the  city  of 
Louisville  arising  out  of  the  construction,  maintenance  and 
operation  of  said  pipe  or  conduit,  or  system  of  pipes  or  conduits. 

§  8.  As  soon  as  may  be  practicable  after  the  passage  and 
approval  of  this  ordinance,  it  shall  be  the  duty  of  the  Board  of 
Public  Works  to  advertise  in  at  least  one  daily  paper  published 
in  the  city  of  Louisville,  by  two  insertions  covering  a  period  of 
not  less  than  ten  days,  that  bids  will  be  publicly  received  for  the 
sale  of  this  franchise.  The  Board  of  Public  Works  shall  there- 
after, according  to  such  advertisement,  receive  bids  and  award 
such  franchise  or  privilege  to  the  highest  and  best  bidder,  sub- 
ject, howover,  to  the  approval  of  the  General  Council  of  the  city 
of  Louisville.  The  Board  of  Public  Works  shall  reserve  the  right 
to  reject  any  and  all  bids,  and  the  advertisement  shall  so  provide. 

§  9.  The  bidder  to  whom  such  franchise  or  privilege  shall 
be  awarded  shall  pay  the  amount  of  his  bid  in  cash  to  the  City 
Treasurer  within  ten  days  after  the  same  has  been  approved  by 
the  General  Council,  and  no  bids  shall  be  received  or  considered 
by  said  Board  of  Public  Works  unless  the  bidder  shall  deposit 
with  his  bid  a  check,  payable  to  the  City  Treasurer  of  the  city 
of  Louisville,  for  the  sum  of  $100.00,  which  check  shall  have 
been  duly  certified  by  a  bank  established  and  doing  a  regular 
business  in  the  city  of  Louisville.  Said  sum  of  $100,00  shall  be 
treated  as  a  part  payment  by  the  successful  bidder  in  case  he 
complies  with  the  terms  of  the  sale,  and  if  he  should  not  comply 
with  the  terms  of  said  sale,  said  check  shall  be  retained  and 
treated  as  liquidated  damages  due  the  city  of  Louisville. 

§  10.  No  sale  of  such  franchise  or  privilege  shall  be  made 
for  less  than  the  sum  of  $100.00. 

§  11.  In  case  the  successful  bidder  of  this  franchise  or  privi- 
lege shall  fail,  within  ten  days  after  said  bid  has  been  accepted, 
to  pay  to  the  city  of  Louisville  the  full  purchase  price  of  said 
franchise  or  privilege  and  furnish  the  bond  required  in  section 


FREE  PUBLIC  LIBRARY.  311 

7  hereof,  the  Board  of  PnbHc  Works  may  again  advertise  said 
franchise  or  privilege  as  provided  herein  and  may  again  sell 
said  franchise  or  privilege  in  the  same  manner  and  upon  the 
same  conditions  and  requirements  in  all  respects  as  the  original 
sale  of  said  franchise  or  privilege  was  made. 

§  12.  For  the  violation  of  any  provision  of  this  franchise  or 
privilege  by  the  purchaser  thereof,  its  successor  or  assigns,  or 
by  any  officer,  agent  or  employe  of  said  purchaser,  its  successors 
or  assigns,  shall  be  subject  to  a  fine  of  not  less  than  $25.00  nor 
more  than  $100.00  for  each  offense. 

§  13.  This  ordinance  shall  take  effect  from  and  after  its 
passage.      {Approved  October  23,  1919.) 


FREE  PUBLIC  LIBRARY. 

Establishment. 

AN   ORDINANCE   signifying   and   declaring   the   purpose   and 
intent  of  the  city  of  Louisville  to  establish  and  maintain  and 
establishing  and    undertaking    to    maintain    a    Free    Public 
Library  under  and  in  accordance  with  the  provisions  of  an 
act  entitled,  "An  act  providing  for  the  establishment  and 
maintenance  of  Free  Public  Libraries  in  cities  of  the  first 
class,"  approved  March  21,  1902. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  the  city  of  Louisville  hereby  signifies  and  declares 
its  purposes  and  intent  to  establish  and  maintain  and  does  here- 
by establish  and  undertake  to  maintain  a  free  public  library 
under  and  in  accordance  with  the  provisions  of  the  act  of  the 
General  Assembly  of  the  Commonwealth  of  Kentucky,  entitled, 
"An  act  providing  for  the  establishment  and  maintenance  of  free 
public  libraries  in  cities  of  the  first  class,"  approved  by  the  Gover- 
nor March  21,  1902. 

§  2.     That  this  ordinance  shall  take  effect  from  its  passage. 
(Approved  Ajml  12,  1902.) 


312  GARBAGE. 


(1)   GARBAG*E. 
Removal  in  General. 

AN  ORDINANCE  prohibiting  the  sweeping,  throwing,  or  plac- 
ing of  dirt,  trash,  garbage,  or  other  waste  on  the  sidewalks, 
or  into  the  gutters  of  the  public  ways  of  the  city  of  Louisville. 

Be  it  ofxlamed  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  hereafter  it  shall  be  unlawful  to  sweep,  throw,  or 
place  any  dirt,  trash,  garbage,  or  waste  on  the  sidewalks,  or 
into  the  gutters  of  the  public  ways  of  the  city  of  Louisville. 

§  2.  All  such  dirt,  garbage,  trash,  or  waste  shall  be  placed 
in  boxes,  barrels,  or  other  receptables,  and  the  same  deposited  on 
the  curb  or  sidewalk  in  front  of  the  premises  from  which  it  came 
before  7  o'clock  A.  M.  of  each  day,  so  that  it  may  be  removed  by 
proper  employes  of  the  city. 

§  3.  Any  violation  of  any  of  the  provisions  of  this  ordinance 
shall  be  punished  by  a  fine  of  not  less  than  five  dollars  ($5)  nor 
more  than  twenty  dollars  ($20)  for  each  offense. 

§  4.     All  ordinances  in  conflict  herewith  are  hereby  repealed. 

§  5.  The  ordinance  to  take  effect  from  its  approval.  {Ap- 
proved October  8,  1895.) 

(See  also  Weeds;  Public  Ways — Use  and  Protection.) 


(2)   GARBAGE. 

Accumulation  in  Public  Places. 

AN  ORDINANCE  to  prohibit  the  throwing  or  placing  of  dirt 
or  rubbish  or  material  of  any  kind  in  any  of  the  public  ways 
of  the  city  of  Louisville. 
Be  it  07'dained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  it  shall  be  unlawful  for  any  person  or  persons  to 
throw   or  place   any   dirt,   rubbish,  nails,   tacks,   spikes,  wire, 
broken  bits  of  metal,  glass,  pottery  ware,  or  any  sharp  or  dan- 
gerous rubbish,  stone,  or  material  of  any  kind  in  any  street,  alley 
or  public  way  of  the  city  of  Louisville,  or  thereby  impede  or 
obstruct  the  flow  of  water  in  any  gutter  of  any  street,  alley,  or 
public  way  in  the  city  of  Louisville. 


GARBAGE.  313 


§  2.  Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance shall  be  fined  not  less  than  five  dollars  ($5)  nor  more  than 
twenty  dollars  ($20)  for  each  offense. 

§  3.  This  ordinance  shall  not  prevent  the  use  of  streets  or 
allays  in  case  where  building's  are  being  erected  in  such  manner 
as  now  provided  by  law. 

§  4.  This  ordinance  shall  take  effect  from  and  after  its 
passage.     {Approved  October  8,  1895.) 


(3)   GARBAGE. 

Removal  Within  Certain  Limits. 

AN  ORDINANCE  regulating  the  removal  of  ashes,  garbage, 

trash,  rubbish,  etc.,  in  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Lo2iisville: 

§  1.  It  shall  be  unlawful  for  any  owner,  tenant,  lessee  or 
occupant  of  any  buildings  or  place  of  business  within  the  limits 
of  the  district  of  the  city  of  Louisville,  described  in  Section  4  of 
this  ordinance  to  throw  or  lay  any  ashes,  offal  from  kitchen, 
garbage,  shells,  straw,  shavings,  glass,  dirt,  old  hoops,  trash, 
rubbish,  or  sweepings  of  any  kind  whatever,  or  allow  any  noxious 
and  impure  liquid  to  run  or  flow  into  or  upon  any  public  way  or 
other  public  place  in  the  city  of  Louisville;  but  it  shall  be  the 
duty  of  every  owner,  tenant,  lessee,  or  occupant  of  any  and  every 
building  or  place  of  business  within  the  limits  of  the  district 
described  in  Section  4  of  this  ordinance,  forthwith  to  provide, 
or  cause  to  be  proveded,  and  at  all  times  thereafter  to  keep  and 
be  kept  provided  within  such  building  or  upon  the  premises  suit- 
able and  sufficient  boxes,  barrels,  or  tubs  for  receiving  and  hold- 
ing, without  leakage,  and  without  being  filled  within  four  inches 
of  the  top  thereof,  all  the  ashes,  rubbish,  garbage,  and  liquid 
substances  of  whaT;ever  kind  that  may  accumulate  during  thirty- 
six  hours  from  said  building  or  place  of  business,  or  the  portion 
thereof  of  which  such  person  may  be  the  owner,  tenant,  lessee,  or 
occupant. 

§  2.  That  it  shall  be  the  duty  of  every  owner,  tenant,  lessee, 
or  occupant  of  any  and  every  building  and  place  of  business 
within  the  limits  of  the  district  described  in  Section  4  of  this 


314  GARBAGE. 


ordinance,  to  provide  a  separate  receptacle  for  ashes,  rubbish, 
etc.,  and  another  for  garbage  and  liquid  substances,  the  latter 
receptacle  to  be  made  of  or  lined  with  some  suitable  metal ;  and 
all  ashes,  rubbish,  etc.,  shall  not  be  placed  or  kept  in  the  same 
vessel  with  garbage  and  liquid  substances. 

§  3.  All  boxes,  or  other  receptacles,  required  under  the  pro- 
visions of  Sections  1  and  2  of  this  ordinance,  shall  be  placed,  be- 
tween the  hours  of  sunrise  and  10  o'clock  A.  M.,  at  such  time  as 
may  be  required  or  fixed  by  the  person  or  persons  whose  duty  it 
shall  be  to  remove  the  same,  on  all  paved  streets  itmning  north 
and  south,  in  the  rear  of  the  property  of  the  owner,  tenant, 
lessee,  or  occupant  thereof,  if  there  is  a  paved  alley  in  the  rear 
of  the  same,  or  in  front  thereof,  if  there  is  not,  on  Mondays, 
Wednesdays  and  Fridays;  and  on  all  paved  streets  and  alleys 
running  east  and  west  on  Tuesdays,  Thursdays  and  Saturdays. 
If  such  boxes,  vessels,  or  receptacles  are  placed  on  the  sidewalks 
they  shall  be  placed  within  one  foot  of  the  curbstone  thereof,  or 
edge  next  to  the  street  pavement,  and  all  such  boxes,  vessels 
and  other  receptacles  shall  be  removed  from  the  sidewalk  by 
the  owner,  tenant,  or  occupant  of  the  property  within  one  hour 
after  they  shall  have  been  emptied ;  and  the  same,  although  they 
shall  not  have  been  previously  emptied,  shall  not  be  allowed  by 
the  owner,  tenant,  lessee,  or  occupant  of  the  property  to  remain 
on  any  street,  alley,  sidewalk,  or  other  public  place  after  the 
hour  of  10  A.  M. 

§  4.  That  the  limits  of  the  districts  covered  in  this  ordi- 
nance shall  be  as  follows:  Beginning  at  a  point  in  the  center 
line  of  Chestnut  street  at  the  center  line  of  Ninth  street ;  thence 
southwardly  with  the  center  line  of  Ninth  street,  and  Ninth 
street,  extended,  to  the  center  line  of  Brandeis  avenue,  extended; 
thence  eastwardly  with  the  center  line  of  Brandeis  avenue,  and 
Brandeis  avenue,  extended,  to  the  center  line  of  Flat  Lick  Road; 
thence  in  a  straight  line  to  a  point  in  the  center  line  of  Texas 
street,  extended,  where  it  is  intersected  by  the  center  line  of 
the  first  alley  south  of  Forest  street,  extended;  thence  with  the 
center  line  of  Texas  street,  and  Texas  street,  extended,  to  the 
center  line  of  Goss  avenue;  thence  northeastwardly  in  a  straight 
line  to  the  intersection  of  the  center  line  of  Baxter  avenue,  with 
the  center  line  of  Finzer  or  Park  avenues ;  thence  with  the  center 
line  of  Finzer  or  Park  avenues,  to  the  center  line  of  Everett 


GARBAGE.  315 


avenue;  thence  northwestwardly  with  the  center  line  of  Everett 
avenue,  and  Everett  avenue,  extended,  to  the  center  line  of 
Baxter  avenue;  thence  with  the  center  line  of  Baxter  avenue  to 
the  center  line  of  Chestnut  street,  extended;  thence  with  the 
center  line  of  Chestnut  street,  and  Chestnut  street,  extended,  to 
the  point  of  beginning-. 

§  5.  Any  person  who  shall  wilfully  turn  over  or  upset  any 
of  the  vessels  or  receptacles  used  for  any  of  the  purposes  de- 
fined in  this  ordinance,  thereby  spilling  the  contents  or  any 
portion  of  them  on  any  street,  alley,  or  other  public  place,  shall, 
on  conviction  thereof,  be  fined  as  provided  for  in  Section  6  of 
this  ordinance. 

§  6.  Any  violation  of  any  of  the  provisions  of  this  ordinance 
by  the  owner,  tenant,  lessee,  or  occupant  of  any  building  or  place 
of  business  within  the  district  described  in  Section  4  of  this  ordi- 
nance, shall  subject  the  person  or  persons  guilty  thereof  to  a 
fine  of  not  less  than  one  dollar  '(?!)>  nor  more  than  five  dollars 
($5)  for  each  offense, 

§  7.  That  all  other  ordinances  in  conflict  with  this  ordinance 
are  hereby  repealed. 

§  8.  That  this  ordinance  shall  take  effect  from  and  after  its 
approval.     (Approved  April  7,  1905.) 


(2)  GARBAGE. 

Separation,  Receptacles,  etc. 

AN  ORDINANCE  providing  for  the  separation  of  garbage  and 
miscellaneous  waste,  type  of  receptacles,  collection  and  dis- 
posal. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  The  term  "Garbage"  shall  include  all  combustible  mat- 
ter which  is  liable  to  ferment,  decay,  putrefy,  decompose  or 
become  offensive  or  a  menace  to  health,  and  the  refuse  matter 
from  kitchens,  dining  rooms  and  other  parts  of  hotels,  restau- 
rants, boarding  houses,  tenement  houses,  dwelling  houses,  mar- 
ket houses,  private  hotels  and  clubrooms,  and  the  refuse  fruits 
and  vegetables  from  fruit  stands,  commission  houses,  groceries 


316  GARBAGE. 


or  any  other  places  of  business,  and  all  the  refuse  animal  matter, 
excepting  any  portion  or  particle  of  meat  or  animals  unfit  or 
not  intended  for  immediate  market  and  to  be  subjected  to  a 
rendering  process  from  slaughter  houses,  butcher  shops,  meat 
shops,  poultry  or  fish  stores  or  any  place  where  meat  is  sold. 

§  2.  The  term  "Ashes"  shall  include  cinders  and  all  solid 
products  of  complete  combustion  of  wood,  coal  or  other  com- 
bustible material,  provided  the  same  has  been  completely  burned 
and  has  not  been  mixed  with  any  combustible  or  insanitary 
material. 

§  3.  The  term  "Manure"  shall  include  all  excreta  of  any 
domestic  or  other  animals,  livestock  or  fowl,  and  hay,  straw  or 
other  material  w^hen  mixed  with  excreta  of  any  such  animal, 
livestock  or  fowl. 

§  4.  The  term  "Other  Refuse"  shall  include  all  yard  screen- 
ings, dirt,  rags,  waste  paper  and  all  other  unsightly  materials. 

§  5.  Every  household  keeper,  restaurant  or  hotel  keeper  and 
all  keepers  of  stores  and  places  of  business  are  hereby  required 
to  place  garbage  in  a  separate  watertight,  flyproof  receptacle, 
and  furthermore,  to  place  all  ashes  and  other  refuse  in  another 
receptacle,  which  shall  be  constructed  as  to  prevent  the  contents 
from  spilling,  flying  about  or  otherwise. 

§  6.  The  vessels  for  garbage  as  prescribed  and  required  by 
the  preceding  section  (5)  shall  be  watertight  and  made  of  metal 
with  a  close-fitting  metal  cover.  Such  vessels  shall  be  provided 
with  handles,  sufiicient  for  the  safe  and  convenient  emptying  of 
same. 

§  7.  The  city  of  Louisville  shall,  as  soon  as  practicable,  reor- 
ganize the  present  garbage  collection  system  and  provide  for 
the  separate  removal  of  garbage  in  a  special  watertight  wagon 
(which  vehicle  shall  have  covers),  and  the  disposal  of  the 
garbage  in  such  a  manner  as  not  to  endanger  the  public  health. 

§  8.  No  person  or  persons  shall  engage  in  the  collection  or 
transportation  of  garbage,  manure,  ashes  or  other  refuse  as  a 
business  without  a  permit  from  the  Board  of  Public  Works  or 
otherwise  in  accordance  with  the  terms  of  the  said  permit. 

§  9.  Any  person  or  persons  violating  or  assisting  in  the  vio- 
lation of  any  part  or  parts  of  this  ordinance  shall,  upon  convic- 
tion, be  fined  not  less  than  five  ($5)  dollars  or  more  than  fifty 
($50)  dollars. 


GAS. 317 

§  10.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  11.  This  ordinance  shall  take  effect  sixty  days  after  its 
passage.     {Approved  October  6,  1917.) 

(See  also  Weeds;  Stagnmit  Water.) 


GAS— CONTRACT  FOR  SALE  OF  FROM  KENTUCKY. 

AN  ORDINANCE  authorizing  the  Mayor  of  the  city  of  Louis- 
ville to  execute  a  contract  in  behalf  of  the  said  city  with  the 
Louisville  Gas  and  Electric  Company  authorizing  said  com- 
pany to  distribute  and  sell  natural  gas  in  Louisville  from  the 
gas  field  near  the  forks  of  Beaver  Creek,  Kentucky,  supple- 
menting the  supply  of  gas  from  the  West  Virginia  field  under 
its  franchise  with  the  city  of  Louisville  and  created  under  an 
ordinance  approved  March  29,  1913. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
That  the  city  of  Louisville  through  its  Mayor  do  and-  the  said 
Mayor  is  hereby  authorized,  empowered  and  directed  to  enter 
into  and  execute  a  contract  in  behalf  of   the  city  of-  Louisville 
with  the  Louisville  Gas  and    Electric  Company,  a  corporation 
organized  and  existing  under  the  laws  of  the  State  of  Kentucky, 
in  the  following  words,  to-wit: 

THIS  AGREEMENT  MADE    THIS day  of    October, 

1918,  by  and  between  the  city  of  Louisville,  Kentucky,  acting 
through  its  duly  authorized  representative,  party  of  the  first 
part,  and  the  Louisville  Gas  and  Electric  Company,  a  corpora- 
tion of  the  State  of  Kentucky,  party  of  the  second  part, 

WITNESSETH :  That  v/hereas  the  first  party  sold  to  the  second 
party  a  certain  franchise  created  by  ordinance  approved  the 
29th  day  of  March,  1913,  and 

Whereas,  Under  the  said  franchise  the  second  party  agreed 
to  bring  to  Louisville  natural  gas  from  the  State  of  West  Vir- 
ginia and  to  distribute  the  said  natural  gas  in  the  city  of  Louis- 
ville under  certain  terms  and  conditions,  which  are  fully  set  out 
in  said  franchise;  and 


318 GAS^ 

Whereas,  The  second  party  has  not  maintained  a  good  service 
of  gas  to  the  general  public  at  such  times  as  the  demand  for  gas 
exceeded  the  supply;  and 

Whereas,  The  second  party  has  not  at  certain  times  in  the  past 
furnished  as  much  as  twelve  million  cubic  feet  of  gas  per  day 
from  the  gas  field  in  West  Virginia;  and 

Whereas,  It  appears  probable  that  a  considerable  supply  of 
natural  gas  may  be  obtained  in  Eastern  Kentucky  if  first  party 
will  consent  that  second  party  may  obtain  and  furnish  such  gas 
for  distribution  in  Louisville  under  its  said  franchise;  and 

Whereas,  Both  the  first  and  second  parties  are  desirous  that 
an  increased  supply  of  natural  gas  shall  be  brought  to  the  city  of 
Louisville;  and 

Whereas,  First  and  second  parties  both  believe  that  the  gas 
existing  near  the  forks  of  Beaver  Creek,  Kentucky,  is  one  of  the 
best  gas  fields  in  Kentucky; 

Now,  therefore,  in  consideration  of  the  above  facts  and  of  the 
benefit  to  be  derived  by  both  parties,  it  is  agreed: 

First — That  the  first  party  will  and  does  withdraw  any  objec- 
tion to  the  introduction  hereafter  into  the  city  of  Louisville  by 
the  second  party,  under  its  franchise,  of  natural  gas  from  the 
gas  fields  existing  near  the  forks  of  Beaver  Creek,  Kentucky, 
and  agrees  to  the  modification  of  said  franchise  in  this  particu- 
lar only. 

Second — It  is  distinctly  understood  that  this  agreement  is 
made  only  for  the  purpose  of  granting  the  party  of  the  second 
part  the  privilege  of  supplying  gas  from  the  Eastern  Kentucky 
field  before  mentioned,  supplementing  the  gas  coming  from  the 
State  of  West  Virginia,  and  does  not  change  or  alter  the  fran- 
chise in  any  other  respect  whatsoever,  and  this  agreement  is  not 
to  be  construed  as  giving  or  granting  to  the  second  party  the 
privilege  or  right  of  furnishing  gas  from  the  afore-mentioned 
Eastern  Kentucky  field  in  lieu  of  gas  from  the  State  of  West 
Virginia,  as  provided  and  required  by  said  franchise,  but  this 
privilege  is  granted  merely  to  supplement  the  supply  of  natural 
gas  furnished  from  the  State  of  West  Virginia. 

Third — This  agreement  is  without  prejudice  to  the  rights  of 
either  party  under  said  franchise  as  it  existed  before  this  modi- 
fication. 


GAS  AND  ELECTRICITY. 319 

In  Testimony  Whereof  the  parties  hereto  have  caused  their 
corporate  name  to  be  signed  and  their  seals  to  be  affixed  by  their 
duly  authorized  officers. 

This  ordinance  shall  take  effect  from  and  after  its  passage. 
(Aproved  October  24,  1918.) 


GAS  AND  ELECTRICITY— INSPECTION. 
Appointment  of  Inspector  and  Duties. 

AN  ORDINANCE  providing  for  the  appointment  of  an  Inspec- 
tor of  Gas  and  Electricity  and  prescribing  his  duties  and 
compensation. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  Appointment  of  Inspector.  That  the  Mayor  of  the 
city  of  Louisville  at  the  beginning  of  his  term  as  Mayor  is  hereby 
authorized  and  empowered  to  appoint,  subject  to  the  approval  of 
the  Board  of  Aldermen,  a  competent  person  as  Inspector  of  Gas 
and  Electricity  who  is  qualified  and  recommended  to  the  Mayor 
as  hereinafter  provided. 

The  Inspector,  his  deputies  or  his  clerk,  shall  not  be  pecuni- 
arily interested  either  directly  or  indirectly  in  the  manufacture 
or  sale  of  gas  or  electricity,  meters,  or  any  article  or  commodity 
used  by  gas  or  electric  light  companies,  or  used  for  any  purpose 
connected  with  the  consumption  of  gas  or  electricity. 

The  Inspector,  his  deputies  or  his  clerk  shall  not  give  certifi- 
cates or  written  opinions  to  the  maker  or  vendor  of  any  such 
article  or  commodity. 

The  Board  of  Public  Works  and  the  City  Engineer  shall  con- 
stitute a  board  for  the  examination  of  all  persons  who  shall  apply 
for  the  position  of  Inspector.  Said  board  shall  give  public  notice 
of  the  time  and  place  of  such  examination  by  insertion  in  the 
daily  papers  or  otherwise  as  said  board  may  direct.  At  the  time 
and  place  so  fixed  the  board  shall  examine  all  applicants  in  such 
manner  as  it  shall  deem  necessary  to  determine  their  technical 
knowledge  and  competency  to  perform  all  duties  of  Inspector  as 
called  for  in  this  ordinance.    Said  board  shall  within  two  weeks 


320  GAS  AND  ELECTRICITY. 

after  such  examination  certify  to  the  Mayor  the  names  of  such 
persons  as  said  board  shall  deem  fully  competent  to  make  the 
tests  required  in  this  ordinance.  Only  persons  whose  names 
are  so  certified  shall  be  eligible  to  be  appointed  Inspector.  Pro- 
vided, however,  that  any  person  who  shall  previously  have  held 
the  office  of  Inspector  under  this  ordinance  may  be  reappointed 
to  said  office  without  such  certificate  from  the  board.  Provided, 
also,  that  a  person  who  has  once  been  certified  as  competent  by 
said  board  shall  be  subsequently  eligible  for  appointment  with- 
out again  being  examined  thereby  during  a  period  of  four  years 
from  such  first  examination. 

§  2.  Term  of  Office  of  Inspector.  Before  entering  upon 
the  duties  of  said  office  said  Inspector  shall  take  the  oath  of  office 
such  as  required  by  other  city  officials  and  shall  give  bond,  to  be 
approved  by  the  Mayor  and  General  Council,  in  the  sum  of  five 
thousand  ($5,000)  dollars  for  the  faithful  performance  of  his 
duties. 

He  shall  receive  a  salary  at  the  rate  of  three  thousand  ($3,000) 
dollars  per  annum,  payable  monthly  in  like  manner  as  the  sal- 
aries of  other  city  officers  and  employes. 

He  shall  serve  for  a  term  of  four  years,  but  said  Inspector 
may  be  removed  by  the  Mayor  at  any  time  upon  written  notice 
to  that  effect,  giving  his  reasons  for  such  action. 

§  3.  Deputies  and  Clerk.  The  Inspector,  with  the  consent 
and  approval  of  the  Mayor,  may  appoint  not  more  than  two  dep- 
uty inspectors.  Each  of  said  deputies  shall  be  competent  to  per- 
form any  and  all  tests  herein  provided  for  which  he  shall  be 
required  or  directed  to  make.  Said  deputies  so  appointed  shall 
have  the  power  under  the  direction  of  the  Inspector  to  perform 
any  duty  which  may  be  required  of  the  Inspector  under  the  pro- 
visions of  this  ordinance. 

The  Inspector,  with  the  consent  and  approval  of  the  Mayor, 
may  also  appoint  an  assistant  or  clerk  who  need  not  necessarily 
be  competent  to  make  the  tests  herein  provided  for,  but  who 
shall  under  his  direction  aid  in  the  performance  of  the  duties  of 
this  office.  Said  deputies  and  clerk  shall  take  the  oath  of  office 
such  as  is  regularly  required  of  other  city  officials,  and  shall  give 
bond  in  the  sum  of  two  thousand  five  hundred  ($2,500)  dollars 
for  the  faithful  performance  of  their  duties.    Said  deputies  and 


GAS  AND  ELECTRICITY.  321 


clerk  shall  hold  office  for  a  term  of  four  years,  but  shall  be 
removable  at  any  time  at  the  pleasure  of  the  Mayor. 

Each  of  said  deputy  inspectors  shall  receive  a  salary  at  the 
rate  of  one  thousand  five  hundred  ($1,500)  dollars  per  annum, 
payable  monthly.  The  clerk  shall  receive  a  salary  of  one  thou- 
sand two  hundred  ($1,200)  dollars  per  annum,  payable  monthly. 

§  4.  Duties  of  Inspector.  (1)  The  Inspector  shall  test  or 
determine  as  hereinafter  prescribed  the  quality  and  pressure  of 
all  gas  and  the  voltage  of  electricity  furnished  by  any  gas  or 
electric  company  operating  in  the  city  of  Louisville  and  the 
accuracy  of  gas  and  electric  meters.  He  shall  have  full  charge 
and  control  of  all  testing  stations,  laboratories  and  offices  pro- 
vided for  his  use  for  such  testing  and  for  the  keeping  of  records. 

(2)  He  shall  examine  and,  subject  to  the  action  of  the  Board 
of  Public  Works,  approve  all  rates  filed  with  the  Board  of  Pub- 
lic Works  as  charged  by  any  gas  or  electric  company. 

(3)  He  shall  receive  and  investigate  complaints  regarding  the 
quality  of  gas,  gas  pressure,  electric  voltage,  and  the  accuracy 
of  gas  and  electric  meters,  and  when  so  requested  shall  promptly 
report  the  result  of  said  investigation  to  the  party  complaining 
and  to  the  company  involved. 

(4)  He  shall  keep  at  his  office  a  record  of  all  tests  and 
calibrations  and  formal  complaints,  which  shall  be  preserved 
complete  and  correct,  including  all  tests  of  gas,  quality  and  pres- 
sure, of  electric  voltage  and  of  all  gas  and  electric  meters  exam- 
ined. 

(5)  He  shall  make  a  monthly  report  of  the  tests  made  as  to 
candle  power,  heating  value,  impurities  and  pressure  of  gas,  and 
the  electric  voltage  and  the  tests  made  of  gas  and  electric  meters. 
One  copy  of  said  report  shall  be  sent  to  the  company  concerned, 
one  to  the  Board  of  Public  Works  of  the  city  of  Louisville,  and 
the  whole  report,  or  an  abstract  of  said  report,  may  be  published 
by  the  Board  of  Public  Works  in  the  official  papers  of  the  city 
of  Louisville.  The  Inspector  shall  also  render  to  the  Board  of 
Public  Works  each  month  a  statement  of  the  amount  due  to  the 
city  or  to  the  consumers  from  any  gas  or  electric  company  for 
penalties  or  fees  required  under  this  ordinance  or  the  franchise 
of  said  gas  or  electric  companies. 

(6)  The  Inspector  shall  make  a  special  report  to  the  Mayor, 
and  to  the  Board  of    Public    Works    whenever    the    quality  or 


322  GAS  AND  ELECTRICITY. 


pressure  of  the  gas  or  voltage  of  electricity  shall  be  shown  by 
tests  not  to  conform  to  the  requirements  of  this  ordinance  or 
the  franchise  of  the  gas  and  electric  companies.  The  substance 
of  said  special  report  shall  be  communicated  to  the  company  by 
the  Inspector  immediately  upon  the  delivery  of  same  to  the 
Mayor  after  completion  of  the  test  which  showed  such  condition 
to  exist. 

(7)  He  shall  perform  any  and  all  other  duties  naturally  con- 
nected with  this  office  as  required  or  implied  by  any  part  of  this 
ordinance,  or  any  existing  or  future  franchise,  or  as  specially 
assigned  to  him  at  any  time  by  the  Mayor  or  the  General  Coun- 
cil. 

§5.  Testing  Stations.  (1)  As  soon  as  practicable  after 
the  passage  of  this  ordinance  the  city  shall  provide  and  main- 
tain testing  stations  and  shall  equip  and  maintain  the  same  with 
such  apparatus  and  supplies  as  may  be  needed  for  carrying  out 
the  provisions  of  this  ordinance.  One  of  said  stations  shall  be 
located  at  the  City  Hall  and  others  may  be  established  at  or  near 
centers  of  gas  consumption  and  if  possible  shall  not  be  less  than 
one  mile,  or  more  than  two  miles,  measured  in  a  direct  line,  from 
any  manufacturing  plant  of  the  company  or  companies  furnish- 
ing gas  in  the  city  of  Louisville.  The  company  or  companies 
shall  run  special  service  pipes  for  gas  and  wiring  for  electricity 
into  each  of  said  testing  stations,  the  same  to  be  of  such  size  and 
installed  in  such  manner  as  may  be  directed  by  the  Inspector, 
provided  that  the  company  or  companies  shall  be  allowed  to  so 
protect  these  service  pipes  for  gas  as  to  prevent  their  exposure 
to  temperature  lower  than  those  of  the  gas-supplying  mains. 

(2)  One  of  said  testing  stations  shall  also  be  equipped  by  the 
city  with  a  gas  meter  prover  and  all  necessary  appliances  which 
the  Inspector  shall  require  for  the  testing  of  such  meters  as  are 
tested  on  complaint  under  the  regulations  of  this  ordinance. 

(3)  One  of  said  testing  stations  shall  be  equipped  by  the  city 
with  approved  standard  electricity  meters  and  other  necessary 
appliances  and  apparatus  which  the  Inspector  may  require  for 
the  testing  of  electricity  meters ;  voltage  regulation ;  and  in  gen- 
eral carrying  out  the  provisions  of  this  ordinance. 

§  6.  Method  of  Testing.  The  method  of  testing  the  quality 
and  pressure  of  said  gas  and  the  voltage  of  electricity  and  the 
accuracy  of  gas  and  electric  meters  shall  be  those  set  forth  in 


GAS  AND  ELECTRICITY. 323 

the  latest  Circular  of  the  National  Bureau  of  Standards  of  the 
Department  of  Commerce,  or  according  to  the  best  practice. 

§7.  Gas  Meters  and  Gas  Meter  Testing.  (1)  The  com- 
pany shall  provide  itself  with  a  suitable  meter  prover  and  shall 
maintain  the  same  in  proper  condition  to  test  the  accuracy  of 
its  meters.  Every  gas  meter,  before  being  installed  by  the  com- 
pany or  the  measurement  of  gas  supplied  to  any  consumer,  shall 
be  tested  and  if  necessary  be  repaired  or  adjusted  to  be  correct 
within  one  per  cent.  Every  meter  so  tested  and  found  correct 
shall  be  marked  with  the  date  of  the  test.  This  testing  should 
be  done  by  the  company  under  the  supervision  of  the  Inspector. 

(2)  During  each  period  of  one  year  after  the  passage  of  this 
ordinance  until  all  such  meters  have  been  tested,  the  company 
shall  remove  for  test  no  less  than  twenty  per  cent,  of  the  meters 
now  in  service.  The  removal  of  said  meters  now  in  service  shall 
be  made  as  nearly  as  possible  in  the  order  of  the  length  of  time 
since  they  were  last  tested,  those  longest  in  service  being 
removed  first. 

(3)  All  new  meters  purchased  by  the  company  and  all  old 
meters  which  shall  have  been  repaired  or  adjusted  or  removed 
from  service  for  any  cause  shall  be  tested  and  sealed  before 
installation. 

(4)  No  meter,  after  being  once  tested  and  sealed,  shall  be 
allowed  to  remain  in  service  longer  than  five  years  before  being 
again  tested  and  sealed  as  provided  above. 

(5)  Upon  the  application  of  any  consumer  and  the  deposit 
of  a  fee  of  fifty  cents  the  Inspector  shall  test  said  consumer's 
meter  in  the  manner  provided  herein.  If  the  meter  proves  more 
than  two  per  cent,  fast  the  company  owning  the  meter  shall  pay 
to  the  consumer  his  fee  of  fifty  cents,  and  further  the  company 
shall  refund  to  the  complaining  consumer  such  a  percentage  of 
the  amount  of  the  bills  for  the  time  said  meter  was  in  use,  not 
exceeding  three  months,  as  the  meter  shall  have  been  shown  to 
be  in  error  at  the  time  of  said  test.  If  the  meter  proves  more 
than  two  per  cent,  slow  the  company  may  charge  to  the  com- 
plaining consumer  such  percentage  of  the  amount  of  the  bills 
for  the  time  said  meter  was  in  use,  not  exceeding  three  months, 
as  the  meter  shall  have  been  shown  to  be  in  error  at  the  time 
of  said  test. 


324  GAS  AND  ELECTRICITY. 

The  removal  and  transportation  of  all  meters  shall  be  done 
by  the  company  at  its  own  expense. 

For  purposes  of  supervision  of  the  testing  of  meters,  the 
Inspector  shall  have  access  at  all  reasonable  hours  to  the  shops 
of  the  company  where  such  tests  are  made  and  to  the  records  of 
all  such  tests.  He  shall  be  allowed  at  any  time  to  examine  or 
calibrate  the  provers  used  for  the  testing  of  meters  and  to  check 
the  results  of  tests  in  any  number  of  meters  which  he  may  wish 
to  examine.  The  supervision  shall  be  such  as  not  to  interrupt 
the  regular  testing  work  of  the  company  more  than  is  necessary 
to  insure  the  careful  and  accurate  tests  of  all  meters ;  and  the 
company  shall  in  no  case  be  relieved  of  the  responsibility  for  the 
accuracy  of  its  meters. 

At  the  end  of  each  month  the  Inspector  shall  pay  into  the  city 
treasury  all  fees  deposited  under  this  section  and  section  8 
hereof. 

§8.  Electric  Meters  and  Electric  Meter  Testing.  (1) 
The  company  shall  have  available  suitable  working  standards 
for  the  testing  of  electric  service  meters,  and  shall  maintain 
these  standards  correct  within  one-half  of  one  per  cent,  or  apply 
the  proper  corrections  to  all  tests  made  with  them.  Each  stand- 
ard shall  at  all  times  be  accompanied  by  a  certificate  giving  the 
date  it  was  last  checked,  the  correction  to  be  applied  at  various 
loads,  and  signed  by  the  proper  authority.  The  certificates, 
when  superseded,  shall  be  kept  on  file  in  the  company's  office 
and  be  kept  open  to  inspection  by  the  Inspector  at  any  time. 

(2)  Every  electric  service  meter  shall  within  thirty  days 
after  being  installed  by  the  company  on  any  consumer's  prem- 
ises, be  checked  by  the  owning  company  for  correct  electrical 
connections,  mechanical  condition,  proper  and  suitable  location, 
and  accuracy  of  adjustment  and  registration  at  approximately 
one-tenth  and  three-fourths  of  the  rated  capacity  of  the  meter, 
commonly  called  light  load  and  heavy  load.  All  meters  so 
checked  and  found  in  error  in  excess  of  one  per  cent,  in  com- 
parison with  approved  suitable  standards,  shall  be  adjusted  to 
register  correctly  to  within  one  per  cent,  at  both  light  and  heavy 
load. 

(3)  All  electric  service  meters  installed  upon  consumers' 
premises  shall  be  periodically  tested,  and  if  found  in  error  more 
than  one  per  cent,  at  light    load  or  heavy    load  be  adjusted  to 


GAS  AND  ELECTRICITY.  325 

register  within    one    per    cent,    by    the    owning    company    in 
accordance  with  the  following  schedules: 

(a)  Direct  Current  Meters.  Meters  of  rated  capacity  up 
to  and  including  25  amperes  shall  be  tested  at  least  once  in  18 
months. 

Meters  of  rated  capacity  exceeding  25  amperes  up  to  and 
including  500  amperes  shall  be  tested  at  least  once  in  every  12 
months. 

Meters  of  rated  capacity  exceeding  500  amperes  shall  be 
tested  at  least  once  in  6  months. 

(b)  Alternating  Current  Meters.  Single  phase  meters  of 
rated  capacity  up  to  and  including  25  amperes,  shall  be  tested 
at  least  once  in  every  30  months. 

Single  phase  meters  of  rated  capacity  exceeding  25  amperes 
shall  be  tested  at  least  once  in  every  24  months. 

Poly  phase  meters  of  rated  capacity  up  to  and  including  150 
amperes  shall  be  tested  at  least  once  in  every  24  months. 

Poly  phase  meters  of  rated  capacity  exceeding  150  arhperes 
shall  be  tested  at  least  once  every  12  months. 

(4)  The  company  shall  after  the  passage  of  this  ordinance 
take  such  steps  as  may  be  approved  by  the  Inspector  to  test  all 
its  meters  according  to  the  schedules  herein  set  forth.  All  tests 
made  at  time  of  installation  and  all  periodic  tests  of  electric 
meters  shall  be  subject  to  such  supervision  by  the  Inspector  as 
he  may  deem  necessary  to  insure  that  provisions  of  this  ordi- 
nance are  complied  with. 

(5)  Upon  form_al  application  by  any  consumer  to  the 
Inspector  a  test  shall  be  made  of  the  consumer's  electric  service 
meter  by  the  Inspector,  such  test  to  be  made  as  soon  as  prac- 
ticable after  receipt  of  application.  For  such  tests  a  fee  of  fifty 
cents  shall  be  paid  by  the  consumer  at  the  time  the  application 
is  made  for  the  test ;  this  fee  to  be  retained  if  the  meter  is  found 
to  be  slow  or  incorrect  within  four  per  cent,  as  averaged  at  light 
load  and  heavy  load.  If  the  meter  is  found  to  be  more  than  four 
per  cent,  fast,  as  averaged  at  light  load  an9  heavy  load,  the  com- 
pany shall  pay  to  the  consumer  the  fee  of  fifty  cents,  and  further 
the  company  shall  refund  to  the  complaining  consumer  such  a 
percentage  of    the  amount  of    the  bills  for  the  previous    three 


326  GAS  AND  ELECTRICITY. 

months,  or  for  the  time  the  meter  was  in  service,  not  exceeding 
three  months,  as  the  meter  was  found  to  be  in  error  at  the  time 
of  the  test. 

If  the  meter  is  found  to  be  more  than  four  per  cent,  slow,  as 
averaged  at  light  load  and  heavy  load,  the  company  may  charge 
to  the  complaining  consumer  such  percentage  of  the  amount  of 
the  bills  for  the  previous  three  months  or  for  the  time  the  meter 
was  in  service,  not  exceeding  three  months,  as  the  meter  was 
found  to  be  in  error  at  the  time  of  the  test. 

(6)  The  company  owning  any  meter  on  which  the  Inspector 
is  about  to  make  a  test  upon  consumer's  complaint,  shall  be  noti- 
fied by  the  Inspector  that  such  test  is  to  be  made,  and  should 
have  a  representative  present  to  open  the  meter,  and  if  neces- 
sary to  adjust  the  meter  to  within  the  required  limits  of  one  per 
cent,  at  light  load  and  heavy  load,  and  to  seal  the  meter  after 
completion  of  test  and  adjustment. 

(7)  The  installation,  removal,  installation  and  periodic  tests 
and  adjustments  and  transportation  of  meters  shall  be  at  the 
expense  of  the  company  owning  the  meters. 

§  9.  Gas  Pressure.  The  pressure  of  the  gas  distributed  to 
any  consumer  shall  be  adequate  and  proper  for  the  uses  and  pur- 
poses thereof,  and  the  pressure  of  the  gas  furnished  for  house- 
hold or  residence  purposes  distributed  by  the  company  as  meas- 
ured at  the  outlet  of  the  gas  service  pipe  to  any  consumer  shall 
never  be  less  than  equivalent  to  three  ounces  nor  more  than 
equivalent  to  five  ounces,  and  the  daily  variation  in  the  pressure 
at  any  such  outlet  shall  never  be  greater  than  equivalent  to  one 
and  one-half  ounces.  Provided,  how^ever,  that  the  company  may 
upon  request  of  or  with  the  consent  of  any  consumer  supply  said 
consumer  with  gas  at  higher  pressure  than  above  specified. 

The  company  shall  provide  itself  with  not  less  than  two  port- 
able recording  gas  pressure  gauges  and  shall  maintain  these  at 
different  points  on  its  distributing  system  in  order  that  not  less 
than  two  continuous  records  of  the  pressure  of  the  gas  at  such 
point  shall  be  made.  These  gauges  may  be  moved  to  different 
parts  of  the  distributing  system  at  the  discretion  of  the  com- 
pany. 

The  Inspector  shall  also  make  regular  records  of  the  pressure 
of  the  gas  at  each  gas  testing  station  and  elsewhere  on  the  dis- 


GAS  AND  ELECTRICITY.  327 

tributing  system  of  the  company  as  he  may  deem  necessary  to 
determine  whether  or  not  the  company  is  complying  with  the 
provisions  of  this  section. 

§  10.  Variation  of  Voltage  and  Voltage  Surveys.  (1) 
The  company  shall  adopt  a  standard  voltage  for  its  entire  con- 
stant potential  system,  or  for  each  of  the  several  districts  into 
which  the  system  may  be  divided,  and  shall  maintain  such  a 
voltage,  as  measured  at  any  consumer's  cut-out  by  a  standard- 
ized indicating  voltmeter,  so  that  variations  of  more  than  three 
per  cent,  above  or  three  per  cent,  below  such  standard  voltage 
shall  not  occur  between  sunset  and  eleven  o'clock  P.  M.  for 
periods  exceeding  five  minutes  on  lighting  circuits.  On  other 
than  exclusively  lighting  circuits  variations  of  more  than  ten 
per  cent,  above  or  ten  per  cent,  below  the  standard  voltage  shall 
not  occur  at  any  time  for  periods  exceeding  five  minutes.  Pro- 
vided, however,  that  variations  in  voltage  caused  by  the  opera- 
tion of  apparatus  on  the  consumer's  premises,  in  violation  of 
the  company's  rules,  the  action  of  the  elements,  or  other  causes 
beyond  the  company's  control  shall  not  be  considered  a  viola- 
tion of  this  section. 

(2)  The  company  shall  provide  itself  with  one  or  more  port- 
able indicating  voltmeters  and  one  or  more  graphic  recording 
voltmeters,  these  instruments  to  be  of  a  type  and  capacity  suited 
to  the  voltage  supply. 

The  company  shall  make  a  sufficient  number  of  voltage  sur- 
veys to  indicate  the  service  furnished  from  each  feeder  and  to 
satisfy  the  Inspector  of  its  compliance  with  the  voltage  require- 
ments, and  shall  keep  one  or  more  graphic  recording  voltmeters 
in  continuous  service  at  its  plant,  office,  or  some  consumer's 
premises.  All  voltmeter  records  shall  be  kept  open  for  public 
inspection. 

§  11.  Quality  of  Natural  Gas.  The  natural  gas  supplied 
by  the  company  shall  be  straight  natural  gas  without  admixture 
of  air  or  artificial  gas,  except  as  air  may  be  introduced  in  the 
pumping  or  as  artificial  gas  may  be  admixed  with  the  natural 
gas  in  the  provisions  of  the  franchise  of  the  company.  In  the 
event  that  it  is  necessary  to  supply  a  mixture  of  artificial  and 
natural  gas  the  company  shall  on  or  before  the  10th  day  of  each 
month  report  to  the  Inspector  the  amount  of  natural  gas  and 


328 GAS  AND  ELECTRICITY. 

amount  of  artificial  gas  supplied  during  the  previous  month  and 
the  monthly  average  total  heating  value  of  both  the  artificial  gas 
and  natural  gas  thus  supplied. 

§  12.  Records  of  the  Company.  The  company  shall  main- 
tain complete  and  correct  records  as  prescribed  hereinafter  and 
shall  allow  free  access  to  said  records  at  all  reasonable  hours  to 
the  Inspector,  deputy  inspector,  clerk,  or  other  city  official  who 
may  be  authorized  by  the  General  Council  to  have  such  privilege. 
The  records  shall  include  the  following: 

(1)  Record  of  all  consumers  purchasing  gas  or  electricity 
from  the  company  and  the  number  of  the  meter  or  meters  in 
use  by  each. 

(2)  Records  of  all  the  meters  owned  by  the  company  with 
the  date  of  their  purchase,  and  a  record  of  the  use,  tests,  and 
repairs  to  which  each  has  been  subjected,  with  the  result  of  each 
testing  and  the  location  of  each  meter. 

(3)  Record  of  all  complaints  made  to  the  company  regarding 
(a)  the  quality  of  gas,  (b)  the  pressure  of  the  gas,  (c)  the 
voltage  of  electricity,  and  (d)  the  accuracy  of  meters,  both  gas 
and  electric,  and  the  record  of  the  method  of  disposal  of  each 
of  said  complaints, 

(4)  Record,  with  the  necessary  maps  and  charts,  of  all  gas 
mains,  gas  service  pipes,  governors,  and  other  connections  or 
appliances  owned  and  used  by  the  company  in  the  distribution 
of  gas,  and  all  mains,  cables,  wires,  etc.,  used  in  the  distribution 
of  electricity. 

§  13.  Complaints.  The  company  shall  make  a  reasonable 
investigation  of  all  complaints  made  to  it  by  the  Inspector  or  by 
any  consumer  and  shall  promptly  make  all  such  changes,  altera- 
tions or  additions  to  its  methods  or  apparatus  and  equipment  as 
may  be  necessary  in  order  that  the  quality  and  pressure  of  the 
gas  and  the  furnishing  of  electric  current  shall  be  such  as  is 
required  by  the  provisions  of  this  ordinance  and  any  existing 
franchise  for  furnishing  gas  and  electricity  in  the  city  of  Louis- 
ville. When  requested  by  any  complainant  the  company  shall 
inform  said  complainant  as  to  the  results  of  the  investigation  of 
his  complaint,  stating  the  cause  of  the  difficulty  and  the  approxi- 
mate time  when  it  will  be  corrected. 


GAS  AND  ELECTRICITY. 329 

§  14.  Penalties.  The  company  shall  be  subject  to  and  shall 
pay  to  the  city  of  Louisville  upon  conviction  a  penalty  of  the 
amounts  set  forth  below  whenever  and  as  often  as  it  shall  vio- 
late the  respective  provisions  of  this  ordinance,  it  being  under- 
stood that  the  penalties  herein  enumerated  are  not  to  waive  or 
in  any  way  lessen  the  rights  of  the  consumers  of  the  city  of 
Louisville  or  the  city  of  Louisville  as  fixed  in  the  ordinances  and 
franchises  granted  to  such  offending  companies  or  persons. 

(1)  In  case  that  the  daily  average  total  heating  value  of  the 
gas  required  to  have  such  heat  units  shall  be  less  than  700  British 
thermal  units  per  cubic  feet  of  gas  for  any  day,  a  fine  of  not  less 
than  $50  nor  more  than  $100  for  each  day. 

(2)  In  case  that  the  monthly  average  candle  power  of  the  gas 
furnished  by  any  company,  whose  charter  or  franchise  shall 
require  a  stipulated  candle  power,  shall  be  less  than  that  stipu- 
lated, a  fine  of  not  less  than  $50  nor  more  than  $100  for  each  day. 

(3)  Where  manufactured  gas  is  furnished  in  case  that  more 
than  a  trace  of  the  hydrogen  sulphide  is  shown  by  proper  tests 
provided  therefor  to  be  present  in  the  gas  on  three  or  more  suc- 
cessive days,  a  fine  of  from  $25  to  $100  for  each  day  within  such 
period  of  three  or  more  working  days. 

(4)  Where  manufactured  gas  is  furnished  in  case  that  the 
total  sulphur  in  the  gas  for  any  week  is  found  to  be  in  excess 
of  thirty  grains  per  one  hundred  cubic  feet  of  gas,  a  fine  of  from 
$25  to  $100  for  each  week. 

(5)  Where  manufactured  gas  is  furnished,  in  case  that  the 
ammonia  in  the  gas  for  any  week  is  found  to  be  excess  of  five 
grains  per  one  hundred  cubic  feet  of  gas  a  fine  of  not  less  than 
$50  nor  more  than  $100  for  each  such  week. 

(6)  In  case  that  the  test  shows  an  admixture  of  any  air  with 
the  gas  on  any  day  contrary  to  the  provisions  of  section  11 
hereof,  a  fine  of  not  less  than  $50  nor  more  than  $100  for  each 
day  such  condition  exists. 

(7)  In  case  that  the  pressure  of  the  gas  as  measured  at  the 
outlet  of  the  company's  service  pipe  to  any  consumer  furnished 
for  household  or  residence  purposes  is  at  any  time  found  to  be 
less  than  equivalent  to  one  and  one-half  (II/2)  inches  of  water 
pressure,  a  fine  of  $100  for  each  day  when  such  pressure  shall 
be  found,  or  in  case  that  said  pressure  of  gas  thus  measured  is 


330  GAS  AND  ELECTRICITY. 

found  at  any  time  to  be  less  than  equivalent  to  two  (2)  inches, 
but  during  the  same  day  never  less  than  equivalent  to  one  and 
one-half  (IV2)  inches  of  water  pressure,  a  fine  of  $50  for  each 
day  when  such  pressure  shall  be  found ;  provided,  however,  that 
if  the  deficiency  of  pressure  noted  is  due  to  stoppage  of  the  single 
service  pipe  to  the  point  of  testing  then  the  company  shall  not 
be  held  liable  for  the  penalty  of  this  paragraph,  unless  such 
stoppage  is  not  removed  by  the  company  within  three  days  from 
the  time  when  such  pressure  deficiency  is  reported  to  the  com- 
pany. In  case  that  the  pressure  of  gas  as  measured  at  the  outlet 
of  any  gas  company's  service  pipe  to  any  consumer  is  on  any 
day  greater  than  equivalent  to  nine  (9)  inches  of  water  pressure 
without  the  consent  of  said  consumer  to  the  maintenance  of  a 
greater  pressure,  or  in  case  that  the  variation  in  the  pressure 
of  the  gas  during  any  one  day  is  greater  than  the  variation  pro- 
vided for  herein,  a  fine  of  $100  for  each  such  day. 

(8)  In  case  that  any  gas  or  electricity  meter  is  installed  or 
allowed  to  remain  in  service  without  test,  contrary  to  the  pro- 
visions of  this  ordinance  without  the  written  permission  of  the 
Inspector  for  such  installation  or  for  the  omission  of  such  test, 
a  fine  of  $50  for  each  meter  so  installed  or  so  left  without  test. 

(9)  In  case  that  any  person,  firm  or  corporation,  or  any- 
employe  of  any  person,  firm  or  corporation  engaged  in  furnish- 
ing gas  and  electricity  to  consumers  shall  misread  any  meter  in 
favor  of  any  corporation,  firm  or  individual  furnishing  said 
article,  or  shall  falsely  report  the  reading  of  any  meter,  a  fine  of 
not  less  than  $50  nor  more  than  $100  for  each  offense. 

(10)  In  case  that  any  person,  firm  or  corporation  engaged  in 
the  manufacture  or  distribution  of  gas  or  electricity  in  the  city 
of  Louisville  shall  fail  or  refuse  to  prepare,  maintain  or  disclose 
such  records  as  they  are  required  to  do  by  the  provisions  of  this 
ordinance,  such  person,  firm  or  corporation,  its  managing 
officers  and  agents,  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  $15  nor  more  than  $100,  and  each  day  that  any  person,  firm 
or  corporation  shall  fail  to  comply  with  the  provisions  in  refer- 
ence to  the  records  of  said  company  shall  be  deemed  a  separate 
offense. 


GAS  AND  ELECTRICITY.  331 

(11)  In  case  that  the  company  shall  fail  to  make  a  reason- 
able investigation  of  all  complaints  made  to  it  by  the  Inspector 
herein,  or  by  any  consumer,  or  to  promptly  make  all  changes, 
alterations  or  additions  to  its  methods  or  apparatus  and  equip- 
ment as  may  be  necessary  hereunder,  or  shall  fail  to  carry  out 
the  provisions  of  section  13  hereof,  a  fine  of  not  less  than  $50 
nor  more  than  $100,  and  each  day's  failure  or  refusal  to  conform 
to  the  provisions  of  said  section  after  notice  in  writing  by  the 
Inspector  shall  be  deemed  a  separate  offense. 

(12)  In  case  that  any  company  furnishing  electricity  in  the 
required  herein,  a  fine  of  not  less  than  $50  nor  more  than  $100 
for  each  day,  and  each  day  of  said  failure  or  refusal  to  maintain 
said  voltage  after  notice  from  the  Inspector  herein  shall  consti- 
tute a  separate  offense. 

§  15.  If  any  person,  firm  or  corporation  violates  any  provi- 
sion of  this  ordinance  for  which  a  penalty  is  not  specifically  pro- 
vided for  herein,  said  person,  firm  or  corporation  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be 
fined  not  less  than  $10  nor  more  than  $100,  and  each  day's  con- 
tinuance of  said  violation  after  notice  in  writing  by  the  Inspector 
herein  shall  constitute  a  separate  offense. 

§  16,  The  word  "company"  as  used  in  this  ordinance  shall 
be  construed  to  include  any  person,  firm  or  corporation  engaged 
in  the  manufacture  and  distribution  of  gas  or  electricity,  or 
both,  as  the  case  may  be,  in  the  city  of  Louisville  or  to  its  citi- 
zens for  com.pensation. 

§  17.  Nothing  in  this  ordinance  shall  be  deemed  or  construed 
to  be  a  waiver  by  the  city  of  Louisville  of  any  provision  in  any 
franchise  in  its  favor  or  in  favor  of  any  consumer  of  gas  or  elec- 
tricity. 

§  18.  The  ordinance  entitled  "An  ordinance  providing  for 
the  appointment  of  a  City  Gas  Inspector  and  prescribing  his 
duties  and  compensation,"  approved  April  7,  1908,  is  hereby 
repealed. 

§  19.  This  ordinance  shall  take  effect  from  and  after  its 
passage.  (Approved  June  3,  1914.)  (See  Electric  Contract;  Elec- 
tricity Charges;  (2)  Franchise;  Public  Service  Corporations.) 


332  HEALTH    DEPARTMENT. 

GAS  ARBITRATORS. 

Compensation. 

AN  ORDINANCE  providing-  for  compensation  for  the  arbitra- 
tors selected  to  fix  the  price  of  gas  of  the  Louisville  Gas  Com- 
pany, 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  compensation  for  the  services  of  the  arbitra- 
tors elected  in  the  years  1903,  1908  and  1913,  to  fix  the  price  of 
gas,  as  provided  for  in  the  charter  of  the  Louisville  Gas  Com- 
pany, and  the  amendments  thereto,  shall,  in  so  far  as  the  liabil- 
ity of  the  city  of  Louisville  is  concerned,  be  five  hundred  ($500) 
dollars  for  Ihe  arbitrator  selected  by  the  city  of  Louisville;  two 
hundred  and  fifty  ($250)  dollars  for  the  third  arbitrator,  he 
being  the  one  selected  by  the  other  two,  or  by  the  chancellor  cf 
the  Louisville  Chancery  Court;  and  a  sum  not  exceeding  two 
hundred  and  fifty  ($250)  dollars  for  expenses,  if  any,  incurred 
necessarily  in  the  performance  of  the  labors  of  said  arbitration. 

§  2.     All  ordinances  in  conflict  herewith  are  hereby  repealed. 

§  3.     This  ordinance  shall  take  effect  from  and  after  its  pub- 
lication.   {Approved  May  2,  1899.) 


HEALTH  DEPARTMENT. 

Number  and  Salaries  of  Employes. 

AN  ORDINANCE    concerning  the  Health  Department  of    the 

city  of  Louisville,  Kentucky,  placing    the    same    under    the 

Board  of  Public  Safety,  and  fixing  the  number,  salaries  and 

compensation  of  the  officers  and  employes  therein. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.     That  the  Health  Department  within  and  for  the  city  of 

Louisville  be  and  the  same  is  hereby  created  and  placed  under 

the  Board  of  Public  Safety  as  authorized  by  law. 

§  2.  There  may  be  in  said  department,  to  be  appointed  by 
the  Board  of  Public  Safety,  the  number  of  officers  and  employes 
prescribed  in  this  ordinance,  and  no  more,  and  their  salaries  and 
compensation,  to  be  approved  by  the  Board  of    Public    Safety, 


HEALTH    DEPARTMENT.  333 


shall  be  no  more  than  the  sums  fixed  by  the  ordinance  and  the 
pay  rolls  for  said  department  shall  be  made  up,  certified  and 
registered,  and  said  salaries  and  compensation  shall  be  payable 
in  accordance  with  the  provisions  of  this  ordinance  and  other 
ordinances  covering  the  subject  of  pay  rolls,  claims  and  salaries, 
and  not  otherwise,  to- wit: 

HEALTH  DEPARTMENT. 

Chief  Health  Officer,  to  be  appointed  by  the  Board  of 
Public  Safety,  who  shall  be  a  regular  physician,  and 
who  shall  have  general  supervision,  under  the  direc- 
tion of  the  Board  of   Public  Safety,  of   the  Health 
Department,  and    its  officers  and  employes    herein 
authorized,  and  whose  salary  per  annum  shall  be.  .   $3,000.00 
There  may  also  be  appointed  by  the  Board  of  Public  Safety 
and  subject  to  removal  at  the  pleasure  of  said  Board,  at  any  time, 
the  following  additional  officers  and  employes,  who  shall  perform 
such    duties  as  may  be  assigned    to  them  by  the    Chief    Health 
Officer,  with  the  approval  of  the  Board  of  Public  Safety,  in  addi- 
tion to  those  duties  which  may  be  indicated  by  their  respective 
titles  herein,  and  whose    salaries  and    compensation    shall    not 
exceed  the    salaries    and  compensation    hereinafter    set  forth, 
to- wit : 

1  Assistant  Health  Officer,  who  shall  be  a  regular 
physician,  and  in  the  absence  or  disability  of  the 
Chief  Health  Officer  he  shall  discharge,  tempo- 
rarily, the  duties  of  the  Chief  Health  Officer.  He 
is  also  designated  as  Chief  of  Communicable  Dis- 
eases, and,  under  the  general  supervision  of  the 
Chief  Health  Officer,  shall  have  supervision  of  the 
epidemiological  work  of  the  Health  Department, 
at  a  salary  per  annum  of 2,000.00 

1  Bacteriologist  and  Chemist  (qualified  as  both 
bacteriologist  and  chemist)  at  a  salary  per  annum 
of 2,400.00 

1  Stenographer  to  the  Health  Officer  at  a  salary  per 

annum  of 1,020.00 

1  Chief  of  Division  of  Foods  at  a  salary  per  annum 

of    1,800.00 


334  HEALTH    DEPARTMENT. 

1  Secretary  of  the  Health  Department,  who  shall 
also  be  Chief  of  the  Division  of  Sanitation  at  a 
salary  per  annum  of 1,600.00 

1  Medical  Inspector  at  a  salary  per  annum  of 1,800.00 

6  School  Inspectors  at  a  salary  per  annum  of  $1,200 

each,  aggregating  the  sum  of 7,200.00 

6  Sanitary  Inspectors  at  a  salary  per  annum  each  of 

$1,200,  aggregating  the  sum  of 7,200.00 

1  Registrar  at  a  salary  per  annum  of 1,020.00 

6  School    Nurses  at  a  salary    per    annum    each    of 

$1,020,  aggregating  the  sum  of 6^20.00 

4  Field  Nurses  at  a  salary  per  annum  each  of  $1,020, 

aggregating  the  sum  of 4,080.00 

2  Clerks  at  a  salary  per  annum  of  $600  each 1,200.00 

1  Technician  at  a  salary  per  annum  of 1,020.00 

1  Stenographer  at  a  salary  per  annum  of 900.00 

1  Laboratory  Diener  at  a  salary  per  annum  of .  .  .  .  600.00 

1  Veterinarian  and  Inspector  who  shall  be  a  gradu- 
ate of  a  well  recognized  veterinary  college,  a  part 
of  whose  duties  shall  be  the  inspection  and  treat- 
ment of  livestock  belonging  to  the  city,  at  a  salary 
per  annum  of 1,800.00 

1  Physician  for  Eastern  District  at  a  salary  per 
annum    1,200.00 

1  Physician  for  Western  District  at  a  salary  per 
annum    . 1,200.00 

1  Physician  for  the  indigent  colored  people  of  the 
city  who  may  also  be  assigned  by  the  Chief  Health 
Officer  to  the  examination  of  colored  school  chil- 
dren at  a  salary  per  annum 1,200.00 

39  employes    $48,560.00 

§  3.  The  Board  of  Public  Safety  in  cases  of  emergency  and 
with  the  approval  of  the  Mayor  shall  have  the  power  to  employ 
additional  help  in  the  Health  Department,  the  salaries  and  com- 
pensation of  same  to  be  fixed  by  the  Board  of  Public  Safety,  and 
the  names  of  such  employes  shall  appear  on  the  regular  pay  roll 
as  "Special  Employes,"  and  said  special  employes  may  be  dis- 
missed at  any  time  by  the  Board  of  Public  Safety. 


HOME  OF  AGED  AND  INFIRM.  335 

§  4.  The  ordinance  approved  September  30,  1918,  and 
entitled  "An  ordinance  concerning  the  departments  under  the 
Board  of  Public  Safety  and  fixing-  the  number,  salaries  and  com- 
pensations of  the  officers  and  employes  therein,"  and  all  ordi- 
nances and  parts  of  ordinances  in  conflict  herewith  are  hereby 
repealed. 

§  5.  This  ordinance  shall  take  eff'ect  and  be  in  force  from 
and  after  its  passage.     (Approved  December  12,  1918. ") 


HOME  OF  AGED  AND  INFIRM. 

E  ni  ploy  8s — Salaries. 

AN  ORDINANCE  concerning  the  Home  for  Aged  and  Infirm 
of  the  city  of  Louisville,  Kentucky,  placing  the  same  under 
the  Board  of  Public  Safety,  and  fixing  the  number,  salaries 
and  compensation  of  the  ofiicers  and  emploj^es  therein. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  the  Home  for  Aged  and  Infirm  within  and  for  the 
city  of  Louisville  be  and  the  same  is  hereby  created  and  placed 
under. the  Board  of  Public  Safety,  as  authorized  by  law. 

§  2.  There  may  be  employes  within  and  for  said  Home  for 
Aged  and  Infirm,  to  be  appointed  by  the  Board  of  Public  Safety, 
the  number  of  officers  and  employes  prescribed  in  this  ordinance, 
and  no  more,  and  their  salaries  and  compensation  to  be  approved 
by  the  Board  of  Public  Safety,  shall  be  no  more  than  the  sums 
fixed  by  the  ordinance,  and  the  pay  rolls  for  said  department 
shall  be  made  up,  certified  and  registered,  and  said  salaries  and 
compensation  shall  be  payable,  in  accordance  with  the  provisions 
of  this  ordinance  and  other  ordinances  covering  the  subject  of 
pay  rolls,  claims  and  salaries,  and  not  otherwise,  to-wit: 

HOME  FOR  AGED  AND  INFIRM. 

Per  Month.     Per  Annum, 

1  Superintendent    $125.00  $1,500.00 

1  Engineer    85.00  1,020.00 

1  Druggist  (who  shall  also  act  as  clerk)      85.00  1,020.00 

2  Male  Nurses,  each 50.00  1,200.00 

2  Female  Nurses,  each 40.00  960.00 


^ 


336  HOME  OF  AGED  AND  INFIRM. 

1  Farm  Boss    ' $55.00  $660.00 

1  Watchman    30.00  360.00 

1  Seamstress    35.00  420.00 

1  Matron    40.00  480.00 

1  Dairyman    40.00  480.00 

1  Cook   (officers'  kitchen) 40.00  480.00 

1  Cook    30.00  360.00 

2  Farmhands,  each  40.00  960.00 

1  Laundress    25.00  300.00 

1  Dairy  Maid   25.00  300.00 

18  employes    $735.00         $10,380.00 

§  3.  The  Board  of  Public  Safety  in  cases  of  emergency,  and 
with  the  approval  of  the  Mayor,  shall  have  the  power  to  employ 
additional  help  for  the  Home  for  the  Aged  and  Infirm,  the 
salaries  and  compensation  for  same  to  be  fixed  by  the  Board  of 
Public  Safety,  and  the  names  of  such  employes  shall  appear  on 
the  regular  pay  rolls  as  "Special  Employes,"  and  said  special 
employes  may  be  dismissed  at  any  time  by  the  Board  of  Public 
Safety. 

§  4.  The  ordinance  approved  September  30,  1918,  and 
entitled  "An  ordinance  concerning  the  departments  under  the 
Board  of  Public  Safety  and  fixing  the  number,  salaries  and  com- 
pensations of  the  officers  and  employes  therein,"  and  all  ordi- 
nances and  parts  of  ordinances  in  conflict  herewith  are  hereby 
repealed. 

§  5.  This  ordinance  shall  take  eflfect  and  be  in  force  from 
and  after  its  passage.     (Approved  November  7,  1919.) 


HOSPITALS.  337 


HOSPITALS. 
City  Hospital — Employes  and  Salaries. 

AN  ORDINANCE  concerning  the  Hospital  Department  of  the 
city  of  Louisville,  placing  the  same  under  the  Board  of  Pub- 
lic Safety,  and  fixing  the  number,  salaries  and  compensation 
of  the  officers  and  employes  therein. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  Hospital  Department  within  and  for  the  city 
of  Louisville  be  and  the  same  is  hereby  created  and  placed  under 
the  Board  of  Public  Safety,  as  authorized  by  law. 

§  2.  There  may  be  in  said  department,  to  be  appointed  by 
the  Board  of  Public  Safety,  the  number  of  officers  and  employes 
prescribed  in  this  ordinance  and  no  more,  and  their  salaries  and 
compensation,  to  be  approved  by  the  Board  of  Public  Safety, 
shall  be  no  more  than  the  sums  fixed  by  this  ordinance,  and  the 
pay  rolls  for  said  department  shall  be  made  up,  certified  and 
registered,  and  said  salaries  and  compensation  shall  be  payable, 
in  accordance  with  the  provisions  of  this  ordinance  and  other 
ordinances  covering  the  subject  of  pay  rolls,  claims  and  salaries, 
and  not  otherwise,  to-wit : 

HOSPITAL  DEPARTMENT. 

Per  Annum. 
1  Superintendent,  to  be  appointed  by  the  Board  of 
Public  Safety,  who  shall  have  charge  and  super- 
vision, under  the  direction  of  the  Board  of  Public 
Safety,  of  the  Hospital  Department  and  those 
officers  and  employes  herein  authorized  and  whose 
salary,  per  annum,  in  addition  to  quarters  and  sub- 
sistence in  the  hospital  for  himself  and  family, 
shall  be $2,400.00 

There  may  also  be  appointed  by  the  Board  of  Public  Safety, 
and  subject  to  removal  at  the  pleasure  of  said  Board,  at  any 
time,  the  following  additional  officers  and  employes  who  shall 
perform  such  duties  as  may  be  assigned  to  them  by  the  Superin- 
tendent, with  the  approval  of  the  Board  of  Public  Safety,  in 
addition  to  those  duties  which  may  be  indicated  by  their  respec- 
tive titles  herein,  and  whose  salaries  and  compensation  shall  not 


338  HOSPITALS. 


exceed  the  salaries  and  compensation  hereinafter  set  forth,  and 
they,  or  any  of  them,  may,  in  addition,  within  the  discretion  of 
the  Board  of  Public  Safety,  receive  quarters  and  subsistence  in 
the  hospital,  to-wit : 

Per  Month.     Per  Annum. 

1  Secretary  at  a  salary  of $100.00  $1,200.00 

1  Clerk  who  shall  be  a  qualified  stenog- 
rapher at  a  salary  of 50.00  600.00 

3  Telephone  Operators,   each 40.00  1,440.09 

2  Receiving-  Ward  Clerks,  each 40.00  960.00 

1  Storeroom   Clerk    40.00  480.00 

1  Dietitian    75.00  900.00 

1  Chef    70.00  840.00 

1  First  Cook    50.00  600.00 

1  Second   Cook    40.00  480.00 

1  Third  Cook   30.00  860.00 

1  Supt's  Cook  and  Maid 25.00  300.00 

1  Serving  Room  Cook. 25.00  300.00 

6  Kitchen   Helpers,  each 25.00  1,800.00 

1  Baker    75.00  900.00 

1  Baker's   Helper    50.00  600.00 

1  Chief  Engineer    175.00  2,100.00 

1  Assistant  Chief  Engineer 110.00  1,320.00 

2  Assistant    Engineers,   each 82.50  1,980.00 

1  Steam  Fitter   82.50  990.00 

3  Firemen,  each   66.00  2,376.00 

1  Carpenter    75.00  900.00 

2  Chauffeurs,  each    60.00  1,440.00 

3  Elevator  Men,  each 30.00  1,080.00 

1  Yardman 30.00  360.00 

2  Painters,  each    60.00  1,440.00 

1  Plasterer 40.00  480.00 

1  Druggist    75.00  900.00 

1  Druggist    65.00  780.00 

1  Technician    70.00  840.00 

1  Diener 35.00  420.00 

1  Stenographer    55.00  660.00 

1  Laundry   Foreman    80.00  960.00 

1  Laundry  Washer  50.00  600.00 

1  Laundry  Wringer    35.00  420.00 


HOSPITALS.  339 


1  Laundry  Marker   $  35.00  $   420.00 

2  Laundry   Backers,   each 25.00  600.00 

4  Hand   Ironers,   each 23.00  1,104.00 

5  Laundresses,  each    22.00  1,320.00 

1  Matron    60.00  720.00 

1  Seamstress    35.00  420.00 

1  Matron   Employe's   Home 30.00  360.00 

15  Maids,  each .  25.00  4,500.00 

25  House   Porters,   each 25.00  7,500.00 

1  Supt.    of   Nurses 100.00  1,200.00 

1  Asst.  Supt.  of  Nurses 75.00  900.00 

1  Night  Supervisor   75.00  900.00 

1  Supervisor  operating-  room 75.00  900.00 

2  Supervisors,   each    , 65.00  1,560.00 

1  Supt.  School  Service 75.00  900.00 

2  Supervisors,  each   ,  65.00  1,560.00 

1  Supt.  Social  Service 75.00  900.00 

6  Attendants,  each   ." 45.00  3,240.00 

10  Orderlies,  each   35.00  4,200.00 

1  Messenger   20.00  240.00 

1  Resident  Physician    35.00  420.00 

4  Senior  Internes,  each 15.00  720.00 

15  Junior  Internes,  each 10.00  1,800.00 

19  Internes  who  may  receive  $100,00  each 
upon  completing  their  period  of  serv- 
ice, aggregating  the  sum  of '        1,900.00 

90  Pupil  Nurses,  of  which  number  there 

shall  be: 

30    (1st  year)  Nurses  at  a  salary  of,  each  8.00  2,880.00 

30   (2nd  year)  Nurses  at  a  salary  of,  each  10.00  3,600.00 

30   (3rd  year)  Nurses  at  a  salary  of,  each  12.00  4,320.00 


258  employes    $80,830.00 

§  3.  The  Board  of  Public  Safety  in  cases  of  emergency  and 
with  the  approval  of  the  Mayor,  shall  have  the  power  to  employ 
additional  help  in  the  Hospital  Department,  the  salaries  and 
compensation  of  same  to  be  fixed  by  the  Board  of  Public  Safety, 
and  the  names  of  such  employes  shall  appear  on  the  regular  pay 
roll  as  "Special  Employes,"  and  said  special  employes  may  be 
dismissed  at  any  time  by  the  Board  of  Public  Safety. 


340  HOSPITALS. 


§  4.  The  ordinance  approved  March  16,  1918,  and  entitled 
"An  ordinance  concerning  the  departments  under  the  Board  of 
Public  Safety  and  fixing  the  number,  salaries  and  compensation 
of  the  officers  and  employes  therein,"  and  all  ordinances  and 
parts  of  ordinances  in  conflict  herewith  are  hereby  repealed. 

§  5.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage.     (Approved  September  30,  1918.) 


ERUPTIVE  HOSPITAL. 

Employes  and  Salaries. 

AN  ORDINANCE  concerning  the  Eruptive  Hospital  Depart- 
ment of  the  city  of  Louisville,  Kentucky,  placing  the  same 
under  the  Board  of  Public  Safety,  and  fixing  the  number, 
salaries  and  compensation  of  the  officers  and  employes 
therein. 

Be  it  ordained  bij  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  the  Eruptive  Hospital  Department  within  and  for 
the  city  of  Louisville,  Kentucky,  be  and  the  same  is  hereby 
created  and  placed  under  the  Board  of  Public  Safety  as  author- 
ized by  law. 

§  2.  There  may  be  in  said  department  to  be  appointed  by 
the  Board  of  Public  Safety,  the  number  of  officers  and  employes 
prescribed  in  this  ordinance  and  no  more,  and  their  salaries  and 
compensation  to  be  approved  by  the  Board  of  Public  Safety 
shall  be  no  more  than  the  sums  fixed  by  this  ordinance  and  the 
pay  rolls  for  said  department  shall  be  made  up,  certified  and 
registered,  and  said  salaries  and  compensation  shall  be  payable 
in  accordance  with  the  provisions  of  this  ordinance  and  other 
ordinances  covering  the  subject  of  pay  rolls,  claims  and  salaries, 
and  not  otherwise,  to-wit: 

ERUPTIVE    HOSPITAL   DEPARTMENT. 

1  Superintendent  who  shall  be  a  regular  practicing 
physician  and  have  the  management  of  the  said  insti- 
tution, and  shall  be  the  attending  physician  upon  all 


ITINERANT  VENDORS.  341 


cases  confined  therein,  whose   salary  shall  be  $100 

per  month    $1,200.00 

1  Wagon  Driver,  at  $30  per  month 360.00 

2  Regular  Nurses  at  $40  per  month  each 960.00 

1  Cook  at  $25  per  month 300.00 

1  Laundress  at  $20  per  month 240.00 

6  employes    $3,060.00 

§  3.  The  Board  of  Public  Safety  in  case  of  emergency  and 
with  the  approval  of  the  Mayor,  shall  have  the  power  to  employ 
additional  help  in  the  Eruptive  Hospital  Department,  the  sal- 
aries and  compensation  of  same  to  be  fixed  by  the  Board  of  Pub- 
lic Safety,  and  the  names  of  such  employes  shall  appear  on  the 
regular  pay  roll  as  "Special  Employes"  and  said  special  employes 
may  be  dismissed  at  any  time  by  the  Board  of  Public  Safety. 

§  4.  The  ordinance  approved  November  11,  1913,  and  entitled 
"An  ordinance  concerning  the  departments  under  the  Board  of 
Public  Safety  and  fixing  the  number,  salaries  and  compensation 
of  the  officers  and  employes  therein,"  and  all  ordinances  and 
parts  of  ordinances  in  conflict  herewith  are  hereby  repealed. 

§  5.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage.     (Approved  March  16,  1918.) 


ITINERANT  VENDORS.- 
Regulating  Sales,  Deposit,  Advertising,  etc. 

AN  ORDINANCE  to  prevent  and  punish  fraud  in  sales  of  goods, 

wares  and  merchandise  at  public  or  private  sale  by  itinerant 

vendors,  and  to  regulate  all  such  sales. 

Be  if  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.     That  the  words  "itinerant  vendor"  for  the  purposes  of 

this  ordinance  shall  mean  and  include  all  persons,  both  principals 

and  agents,  who    engage  or  conduct  in  this   city,  either  in  one 

locality  or    in  traveling    from    place    to  place,  a  temporary  or 

transient  business  of  selling  goods,  wares  and  merchandise  with 

the  intention  of  continuing  in  said  business  in  any  one  place  for 


*See  act  of  1916  regulating  such  vendors  and  repealing  Sees.   4217  and 
4217a  Ky.  St. 


342  ITINERANT  VENDORS. 


a  period  of  not  more  than  one  hundred  and  twenty  (120)  days, 
and  who  for  the  purpose  of  carrying  on  such  business  use,  lease 
or  occupy  either  in  whole  or  part,  a  room,  building  or  other 
structure  for  the  exhibition  and  sale  of  such  goods,  wares  and 
merchandise.  The  provisions  of  this  ordinance  shall  not  apply 
to  sales  made  to  dealers  by  commercial  travelers  or  selling  agents 
in  the  usual  course  of  business,  nor  to  bona  fide  sale  of  goods, 
wares  or  merchandise  for  future  delivery,  nor  to  hawkers  on  the 
streets,  or  peddlers  from  vehicles,  nor  to  any  sales  of  goods, 
wares  or  merchandise  on  the  grounds  of  any  agricultural  society 
during  the  continuance  of  any  annual  fair  held  by  such  society, 
nor  to  any  sales  by  societies  acting  for  charity,  religious  or  pub- 
lic purposes. 

§  2.  An  itinerant  vendor  shall  not  advertise,  represent  or 
hold  forth  a  sale  of  goods,  wares  or  merchandise  as  an  insur- 
ance, bankrupt,  insolvent,  assignee,  trustee,  estate,  executor, 
administrator,  receiver,  wholesale,  manufacturers'  wholesale,  or 
closing  out  sale,  or  a  sale  for  any  goods  damaged  by  smoke,  fire, 
water  or  otherwise,  unless  before  so  doing  he  shall  state,  under 
oath,  to  the  secretary  of  the  Board  of  Sinking  Fund  Commis- 
sioners of  the  city  of  Louisville  at  the  time  he  makes  application 
for  a  license,  as  now  provided  by  ordinance,  all  the  facts  relating 
to  the  reason  and  character  of  such  special  sales,  so  advertised, 
held  forth  or  represented,  including  a  statement  of  the  names  of 
the  persons  from  whom  said  goods,  wares  or  merchandise  were 
purchased,  and  the  date  of  the  delivery  of  the  same  to  the  person 
applying  for  license,  the  place  where  said  goods,  wares  or  mer- 
chandise were  taken  last,  and  such  details  necessary  to  exactly 
locate  and  fully  identify  all  goods,  wares  and  merchandise  to  be 
sold.  And  such  itinerant  vendor  shall  also  include  in  the  said 
statement  names  and  residences  of  the  owners  in  whose  interest 
the  business  is  conducted,  to  be  kept  on  file  in  the  office  of  the 
secretary  of  the  Board  of  Sinking  Fund  Commissioners  of  the 
city  of  Louisville,  and  a  record  shall  be  kept  by  him  of  all  such 
statements  in  convenient  form  and  open  to  public  inspection. 

§  3.  Every  itinerant  vendor  desiring  to  do  business  in  the 
city  of  Louisville  shall  deposit  with  the  secretary  of  the  Board 
of  Sinking  Fund  Commissioners  of  the  city  of  Louisville  the  sum 
of  five  hundred   ($500)    dollars,  as  a  special    deposit,  before  a 


ITINERANT  VENDORS. 343 

license  shall  be  issued  to  him,  as  now  provided  by  ordinance 
authorizing  him  to  do  business  in  said  city,  in  conformity  with 
the  provisions  of  this  ordinance.  Said  deposit  shall  be  held  by 
the  secretary  of  the  Board  of  Sinking  Fund  Commissioners  for 
a  period  of  thirty  days  after  such  itinerant  vendor  ceases  to  do 
business  in  the  city  of  Louisville,  and  after  satisfying  all  claims 
made  against  him  under  the  next  following  section  shall  return 
such  deposit  of  such  portion  thereof  as  remains  in  his  hands  to 
the  said  itinerant  vendor  depositing  same. 

§  4.  The  deposit  so  made  with  the  secretary  of  the  Board  of 
Sinking  Fund  Commissioners  shall  be  subject  to  attachment  and 
execution  on  behalf  of  creditors  whose  claims  arise  in  connec- 
tion with  the  business  done  in  the  city  of  Louisville,  and  to  the 
payment  of  fines  and  penalties  incurred  by  such  itinerant  vendor 
in  violation  of  this  ordinance  as  may  be  fixed  by  the  judgment 
of  appropriate  courts  having  jurisdiction,  and  the  said  deposit 
or  any  remaining  portion  thereof  shall  not  be  paid  to  such 
itinerant  vendor  until  all  outstanding  claims,  or  notices  of 
claims,  presented  within  thirty  days  after  he  ceases  to  do  busi- 
ness, unless  there  be  some  unreasonable  delay  in  enforcing  same. 

§  5.  Every  itinerant  vendor  who  sells  or  exhibits  for  sale  at 
public  or  private  sale  any  goods,  wares  or  merchandise  without 
first  complying  with  the  provisions  of  this  ordinance,  or  who 
makes  any  false  statements  in  reference  to  the  matter  set  out 
in  the  second  section  of  this  ordinance,  or  who'  fails  to  comply 
with  the  requirements  or  any  of  the  sections  of  this  ordinance, 
and  every  person,  whether  principal  or  agent,  who  by  circular, 
handbill,  newpaper,  or  in  any  manner  advertises  such  sale,  as 
herein  contemplated,  before  proper  licenses  are  issued  to  the 
vendor,  and  before  he  has  complied  with  the  provisions  of  this 
ordinance,  shall  be  guilty  of  a  violation  of  this  ordinance  and 
shall  be  punished  accordingly  by  a  fine  of  not  less  than  twenty- 
five  ($25)  dollars,  nor  more  than  one  hundred  ($100)  dollars. 
{Approved  April  5,  1912.) 

(See  also  Peddlers;    (5)   Advertisements.) 


344  JUNK  DEALERS. 


JUNK  DEALERS. 
Who  Go  Fi-om  House  to  House. 

AN  ORDINANCE  regulating  junk  dealers  in  the  city  of  Louis- 
ville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  every  person,  firm  or  corporation  who  goes  from 
house  to  house  in  the  city  of  Louisville  offering  to  buy,  or  buy- 
ing, old  iron  or  other  metals,  rags,  old  rope,  or  other  junk,  shall 
be  deemed  junk  dealers  within  the  meaning  of  this  ordinance. 

§  2.  It  shall  be  unla^vful  for  any  person,  firm  or  corporation 
to  carry  on  the  business  of  junk  dealer  in  the  city  of  Louisville 
until  he  or  they  have  executed  bond  to  the  city  of  Louisville, 
approved  by  the  General  Council,  in  the  sum  of  fifty  dollars,  con- 
ditioned that  he  or  they  will  faithfully  perform  and  observe  all 
the  regulations  of  this  ordinance.  Said  bond  shall  be  executed 
in  the  Sinking  Fund  office,  in  the  presence  of  the  treasurer  and 
secretary  of  the  Sinking  Fund,  and  shall  be  transmitted  to  the 
General  Council  for  approval,  and  when  approved  the  Comptrol- 
ler shall  be  the  custodian  of  said  bond,  and  shall  notify  the  treas- 
urer and  secretary  of  the  Sinking  Fund  of  such  approval,  and 
no  license  shall  be  issued  to  any  junk  dealer  until  the  bond  of 
said  junk  dealer  has  been  approved  by  the  General  Council. 
After  the  approval  of  the  bond,  and  on  application  of  said  junk 
dealer,  and  of  payment  of  the  license  therefor,  the  Commis- 
sioners of  the  Sinking  Fund  shall  furnish  to  said  junk  dealer, 
free  of  charge,  a  metal  badge,  with  the  following  words:    "City 

of  Louisville.     Sinking  Fund.     Licensed  junk  dealer.    No 

Expires 189.  .  ." 

Each  junk  dealer  who  shall  go  from  house  to  house  buying 
or  offering  to  buy  old  iron  or  other  metals,  rags,  old  rope,  or 
other  junk,  shall  wear  said  badge  upon  his  person  in  a  con- 
spicuous place  in  such  manner  that  it  may  always  be  seen. 

It  shall  be  unlawful  for  any  person  to  wear,  or  have  in  his 
possession,  the  badge  herein  required,  unless  he  be  the  licensed 
junk  dealer  in  whose  name  the  license  is  issued. 

No  junk  dealer's  license  shall  give  authority  for  more  than  one 
person  to  buy  or  offer  to  buy  under  it;  nor  shall  any  person  to 
whom  it  is  granted  buy  or  offer  to  buy  by  agents  or  clerk,  or  in 


JUNK  DEALERS.  345 


any  other  way  than  his  own  proper  person,  but  each  agent  or 
clerk  shall  procure  a  separate  license. 

Each  junk  dealer  while  engaged  in  buying  or  offering  to  buy 
old  iron  or  other  metals,  rags,  old  rope,  or  other  junk,  shall 
'  carry  his  license  and  exhibit  the  same  whenever  requested  to 
do  so  by  license  or  police  officer. 

On  the  expiration  of  the  license  of  any  junk  dealer,  he  shall 
surrender  his  badge  to  the  Commissioner  of  the  Sinking  Fund. 

It  shall  be  unlawful  for  any  person  to  destroy,  deface,  or 
injure  said  badge  in  any  manner,  or  change  the  numbers  or 
dates  thereon.   . 

§  3.  No  junk  dealer  or  any  person  engaged  in  the  junk  busi- 
ness shall  at  any  time  or  under  any  circumstances  be  allowed 
to  purchase  goods,  wares,  merchandise,  materials  or  things  what- 
soever from  a  minor. 

§  4.  Every  person,  firm  or  corporation  within  the  meaning 
of  this  ordinance  shall  keep  a  register,  which  shall  contain  the 
name  of  the  person  or  persons  from  whom  the  article  or  articles 
are  purchased,  date  when  received,  his  or  her  residence  or  place 
of  business,  and  a  full  description  of  said  article  or  articles,  same 
to  be  in  plain,  legible  English  handwriting  and  shall  daily  furnish 
to  the  chief  of  police  by  11  o'clock  A.  M.,  in  plain  legible  Eng- 
lish handwriting,  a  true  and  correct  report  of  all  goods  so  pur- 
chased or  otherwise  in  their  possession,  describing  the  goods  as 
accurately  as  practicable.  It  shall  be  the  duty  of  any  person, 
firm  or  corporation  to  allow  any  captain  of  police  or  officer  or 
officers  designated  by  the  chief  of  police  or  chief  of  detectives, 
upon  written  order,  to  examine  and  inspect  said  register,  and 
if  sufficient  information  can  not  be  gained  from  an  inspection  of 
said  register,  it  shall,  upon  the  request  of  said  officer  or  officers, 
be  the  duty  of  any  person,  firm  or  corporation  to  permit  and 
allow  said  officer  or  officers  to  examine  and  inspect  any  and  all 
articles  belonging  to  or  temporarily  left  in  charge  of  such  per- 
son, firm  or  corporation.     For  failing  to  keep  said  register,  or 


346  JUNK  MERCHANTS. 


failing  to  furnish  to  the  chief  of  police  such  daily  reports,  or 
making  an  incorrect  registry  of  all  goods  bought,  each  person, 
firm  or  corporation  shall  be  fined  not  less  than  five  ($5)  dollars, 
nor  more  than  twenty-five  ($25)  dollars  for  each  and  every 
offense,  each  day  the  failure  to  report  is  continued  to  constitute 
a  separate  offense.  * 

§  5.  It  shall  be  the  duty  of  the  chief  of  police  to  furnish 
blanks  for  the  reports  herein  provided. 

§  6.  Any  person,  firm  or  corporation  who  shall  neglect,  vio- 
late or  refuse  to  comply  with  either  or  all  of  the  provisions  of 
this  ordinance  shall  be  fined  not  less  than  five  dollars  ($5)  nor 
more  than  twenty-five  dollars  ($25)  for  each  and  every  offense; 
each  day  of  failure  to  comply  is  to  constitute  a  separate  offense. 

§  7.  That  an  ordinance  entitled  "An  ordinance  regulating 
junk  business  in  the  city  of  Louisville,"  approved  February  20, 
1897,  and  published  February  23,  1897,  and  all  other  ordinances 
in  conflict  herewith  are  hereby  repealed. 

§  8.  This  ordinance  shall  take  effect  from  and  after  its  pub- 
lication.    (Approved  March  20,  1897.) 

(For  regulation  of  hours,  see  Pawnbrokers.  See  also  Junk 
Merchants;  Second  Hand  Dealers.) 


JUNK  MERCHANTS. 

Having  an  Established  Place  of  Business. 

AN  ORDINANCE  regulating  junk  merchants  having  an  estab- 
lished place  of  business  in  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  every  person,  firm  or  corporation  who  shall  carry 
on  the  business  of  buying  or  selling  old  iron  and  other  metals, 
rags,  or  old  rope,  or  other  junk,  at  an  established  place  of  busi- 
ness in  the  city  of  Louisville,  shall  be  deemed  junk  merchants. 

§  2.  It  shall  be  unlawful  for  any  person,  firm  or  corporation 
to  carry  on  the  business  of  junk  merchant  at  an  established 
place  of  business  in  the  city  of  Louisville  without  having  first 
executed  a  bond  to  the  city  of  Louisville,  approved  by  the  Gen- 
eral Council,  in  the  sum  of  one  hundred  dollars,  conditioned  that 
he  or  they  will  faithfully  perform  and  observe  all  the  regula- 


JUNK  MERCHANTS.  347 


tions  of  this  ordinance.  Said  bond  shall  be  executed  in  the  Sink- 
ing- Fund  office,  in  the  presence  of  the  treasurer  and  secretary 
of  the  Sinking  Fund,  and  shall  be  transmitted  to  the  General 
Council  for  approval,  and  when  approved,  the  Comptroller  shall 
be  the  custodian  of  said  bond  and  shall  notify  the  treasurer  and 
secretary  of  the  Sinking  Fund  of  such  approval,  and  no  license 
shall  be  issued  to  any  such  person,  firm  or  corporation  until  such 
bond  has  been  approved  by  the  General  Council. 

§  3.  No  person,  firm  or  corporation  carrying  on  the  business 
of  junk  merchant  at  an  established  place  of  business  in  the  city 
of  Louisville  shall  at  any  time,  or  under  any  circumstances,  be 
allowed  to  buy  old  iron,  or  other  metals,  rags,  old  rope,  or  other 
junk  from  a  minor. 

§  4.  Every  person,  firm  or  corporation  carrying  on  the  busi- 
ness of  junk  merchant  at  an  established  place  of  business  in  the 
city  of  Louisville  shall  keep  a  register,  which  shall  contain  the 
name  of  the  person  or  persons  from  whom  any  junk  is  pur- 
chased, the  date  when  purchased  and  received,  the  residence  or 
place  of  business  of  such  person  or  persons,  and  a  full  descrip- 
tion of  such  junk  so  purchased,  same  to  be  in  plain,  legible  Eng- 
lish handwriting,  and  shall  daily,  by  11  o'clock  A.  M.,  furnish 
to  the  Chief  of  Police,  in  plain,  legible  English  handwriting,  a 
true  and  correct  report  of  all  junk  so  purchased,  or  otherwise 
in  their  possession,  describing  the  junk  as  accurately  as  pos- 
sible. It  shall  be  the  duty  of  every  junk  merchant  to  allow  any 
captain  of  police  or  officer  or  officers  designated  by  the  chief  of 
police  or  chi^f  of  detectives,  upon  written  order  to  examine  and 
inspect  said  register,  and,  if  sufficient  information  can  not  be 
gained  from  an  inspection  of  said  register,  it  shall,  upon  the 
request  of  said  officer  or  officers,  be  the  duty  of  any  such  junk 
merchant  to  permit  and  allow  said  officers  to  examine  and  inspect 
all  such  junk  belonging  to,  or  temporarily  left  in  charge  of,  said 
junk  merchant. 

§  5.  It  shall  be  the  duty  of  the  chief  of  police  to  furnish 
blanks  for  the  reports  herein  provided  for. 

§  6.  Any  person,  firm  or  corporation  who  shall  neglect  or 
refuse  to  comply  with  or  violate  any  or  all  of  the  provisions  of 
this  ordinance  shall  be  fined  not  less  than  five  dollars  ($5)  nor 
more  than  twenty-five  dollars  ($25)  for  each  offense.    Each  day 


348'  LICENSES. 


such  person,  firm  or  corporation  shall  neglect  or  refuse  to  com- 
ply with  or  violate  any  of  the  provisions  of  this  ordinance,  shall 
constitute  a  separate  offense. 

§  7.     All  ordinances  in  conflict  herewith  are  hereby  repealed. 

§  8.  This  ordinance  shall  take  effect  from  and  after  its  pub- 
lication.    (Approved  March  20,  1897.) 

(For  regulation  of  hours,  see  Paivnhrokers.  See  also  Junk 
Dealers;  Second  Hand  Dealers.) 


LICENSES. 

General  Provisions  For. 

AN  ORDINANCE  providing  for  certain  licenses,  the  fees  there- 
for to  be  paid  into  the  Sinking  Fund  of  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  hereafter  the  following  licenses  shall  be  paid  into 
the  Sinking  Fund  of  the  city  of  Louisville  for  the  purposes  of 
the  Sinking  Fund,  for  doing  the  business,  following  the  callings, 
occupants  and  professions,  or  using  or  holding,  or  exhibiting  the 
articles  hereinafter  named  in  the  city  of  Louisville,  in  addition 
to  the  ad  valorem  taxes  heretofore  levied  or  hereafter  to  be 
levied  on  any  species  of  property  in  the  city  of  Louisville. 

§  2.  Every  practicing  expert  accountant,  public  accountant, 
or  public  auditor,  shall  pay  a  license  of  $15,00  per  year.  Should 
any  expert  accountant,  public  accountant,  or  public  auditor  be 
associated  in  a  firm,  or  employed  by  a  corporation  holding  itself 
out  as  doing  public  accounting  or  auditing,  each  member  of  the 
firm  and  each  accountant  or  auditor  employed  by  such  corpora- 
tion, shall  pay  a  separate  license, 

§  3.  Every  person,  firm  or  corporation  engaged  in  the  busi- 
ness of  advertising  the  business  of  others  by  furnishing  or  leas- 
ing advertising  space  to  others  upon  bill  boards,  fences,  or  the 
exterior  of  buildings  shall  pay  an  annual  license  of  50  cents  for 
each  100  square  feet  of  advertising  space  used  for  advertising 
purposes  on  such  bill  boards,  fences  or  exterior  of  buildings. 

§  4.  Every  person,  firm,  or  coi*poration  engaged  in  adver- 
tising a  business  of  others  in  street  cars  or  other  public  con- 
veyance shall  pay  an  annual  license  of  $300.00. 


LICENSES.  349 


§  5.  Every  person,  firm,  or  corporation,  including  advertis- 
ing agencies  engaged  in  the  business  of  advertising  the  business 
of  others  in  any  other  manner  than  upon  bill  boards,  fences,  ex- 
terior of  buildings,  street  cars  or  any  other  public  conveyance, 
shall  pay  an  annual  license  of  $25.00. 

§  6.  The  license  for  each  public  ball  or  dance  for  which  there 
shall  be  any  fee  for  admission  charged,  either  by  the  sale  of 
tickets  or  by  any  other  device  by  which  money  or  other  thing 
of  value  shall  be  received  or  paid  for  such  ball  or  dance,  shall 
be  $12.50. 

§  7.  The  license  upon  circuses,  menageries,  wild  west,  hippo- 
drome, or  similar  shows  exhibited  in  or  under  a  tent  or  tents  or 
at  a  place  other  than  in  a  regular  licensed  theatre,  shall  be  as 
follows : 

For  each  day  that  any  circus,  menagerie,  wild  west,  hippo- 
drome or  similar  show  is  exhibited  in  or  under  a  tent  or  tents 
or  at  a  place  other  than  in  a  regular  licensed  theatre,  the  license 
shall  be  $400.00  for  the  principal  show  and  $25.00  for  each  side 
show  therewith. 

§  8.  The  license  for  each  concert  for  which  there  shall  be 
any  fee  for  admission  charged  either  by  the  sale  of  tickets  or 
by  any  other  device  by  which  money  or  thing  of  value  shall  be 
received  or  paid  for  such  concert,  shall  be  $5.00. 

§  9.  Tlie  license  for  each  lecture  for  which  there  shall  be  a 
fee  for  admission  charged  either  by  the  sale  of  tickets  or  by  any 
other  device  by  which  money  or  other  thing  of  value  shall  be 
received  or  paid  for  such  lecture,  shall  be  $5.00. 

§  10.  The  license  for  each  museum,  exhibition  or  performance 
not  in  connection  with  any  circus  or  menagerie  shall  be  $50.00 
per  month,  or  $5.00  per  day  when  less  than  one  month's  license 
is  taken  out. 

§  11.  The  license  for  the  exhibition  for  pay  of  any  painting 
or  statuary,  or  other  work  of  art,  shall  be  $50.00  per  month. 
Any  person,  firm  or  corporation  having  paid  one  or  more  full 
month's  license  and  desiring  to  continue  such  exhibition  for  an 
additional  fraction  of  a  month,  may  do  so  by  paying  at  the  rate 
of  $5.00  per  day. 

§  12.  Every  person,  firm  or  corporation  who  shall  conduct 
scientific,  electrical  and  submarine  exhibits,  at  which  an  ad- 
mission is  charged,  shall  pay  a  license  of  $50.00  per  month. 


350  LICENSES. 


Any  person,  firm  or  corporation  having-  paid  one  or  more 
month's  license  and  desiring  to  continue  said  exhibition  for  an 
additional  fraction  of  a  month,  may  do  so  by  paying  at  the  rate 
of  $5.00  per  day. 

§  13.  The  license  for  each  theatrical  exhibition  or  per- 
formance for  which  an  admission  fee  is  charged  and  which  is  not 
held  in  a  regularly  licensed  theatre  shall  be  $10.00  per  day. 

§  14.  The  license  on  each  show  or  exhibition  of  trained  ani- 
mals only,  for  which  an  entrance  fee  of  not  more  than  50  cents 
is  charged,  shall  be  $75.00  per  day  for  the  principal  show  and 
$10.00  for  each  side  show  therewith. 

Where  an  entrance  fee  of  not  more  than  25  cents  is  charged, 
the  license  shall  be  $50.00  per  day  for  the  principal  show  and 
$10.00  for  each  side  show  therewith. 

§  15.  The  license  for  every  exhibition  or  performance  of  any 
kind  for  which  a  different  license  is  not  provided  for  herein,  shall 
be  $12.50  per  day. 

§  16.  The  license  for  each  skating  rink  or  public  ball  room 
or  dance  hall  shall  be  $350.00  per  year. 

Where  a  yearly  license  is  paid  for  such  skating  rink,  public 
ball  room  or  dance  hall,  no  special  license  shall  be  required  for 
entertainments,  lectures,  concerts  or  dances  held  therein. 

§  17.  The  license  for  each  theatre  of  any  kind  shall  be  as 
follows : 

Class  1.  Theatres  whose  seating  capacity  are  less  than  500 
shall  pay  an  annual  license  of  $250.00. 

Class  2.  Theatres  whose  seating  capacity  equal  or  exceed 
500  and  are  less  than  1,000  shall  pay  an  annual  license  of  $300.00. 

Class  3.  Theatres  whose  seating  capacity  equal  or  exceed 
1,000  shall  pay  an  annual  license  of  $350.00. 

Where  a  yearly  license  is  paid  for  any  theatre  no  special 
license  shall  be  required  for  entertainments,  theatrical  per- 
formances, lectures,  concerts  or  any  other  kind  of  performance 
held  therein. 

§  18.  The  fact  that  no  admission  fee  is  charged  to  any  place 
of  amusement  or  exhibition  or  that  no  money  is  charged  for  any 
of  the  exhibitions  or  performances  herein  mentioned,  shall  not 
excuse  the  person  exhibiting,  using  or  operating  same  from  the 
payment  of  the  license  herein  required,  if  any  commodity  is  sold 
for  money  in  connection  with  said  exhibition,  amusement,  or 


LICENSES.  351 


performance,  or  said  exhibition,  amusement,  or  performance  is 
used  for  the  purpose  of  attracting  customers  for  the  purchase 
of  any  commodity  whatsoever,  or  if  they  are  used  in  connection 
with,  or  as  an  adjunct  to,  any  business,  occupation  or  calling  fol- 
lowed for  profit. 

§  19.  Each  person  engaged  in  the  practice  of  any  of  the  pro- 
fessions or  carrying  on  any  of  the  business  mentioned  in  this 
section  shall  pay  an  annual  license  fee  of  the  amount  follow- 
ing the  name  of  such  business  profession: 

Architects   $15.00 

Lawyers  _ _ 15.00 

Dentists   - 15.00 

Oxodontists   _ 15.00 

Physicians - 15.00 

Surgeons    _ _ 15.00 

Oculists 15.00 

Aurists  15.00 

Osteopaths 15.00 

Magnetic  Healers  - 15.00 

Chiropractors 15.00 

Christian  Science  Healer 15.00 

Chiropodist — - 15.00 

Civil  Engineer 15.00 

Electrical  Engineer  — ..  15.00 

Practicing   Chemist 15.00 

Claim  Agent  - 15.00 

Massagist  or  Masseur  15.00 

Midwife    10.00 

Pension  Agents  or  Pension  Attorneys 10.00 

Surveyors 15.00 

Veterinary  Dentist,  Doctor  or  Surgeon 15.00 

Should  two  or  more  persons  be  associated  in  a  firm  or  em- 
ployed by  a  corporation  which  carries  on  or  practices  such  busi- 
siness  or  profession,  each  person  in  such  firm  or  employed  by 
such  corporation  who  practices  such  profession  for  it,  or  carries 
on  the  business  of  such  firm  or  corporation  in  the  line  of  busi- 
ness or  profession  in  which  it  is  engaged  shall  pay  a  separate 
license  fee. 

§  20.  Every  person  who  offers  at  public  sale  property,  real 
or  personal,  bonds,  stocks  or  other  commodity,  to  the  highest 


352  LICENSES. 


or  best  bidder,  shall  be  deemed  an  auctioneer,  and  shall  pay  a 
license  as  follows: 

Class  1.  Each  person  whose  annual  sales  are  over  $250,000 
shall  be  deemed  an  auctioneer  of  the  first  class,  and  shall  pay 
an  annual  license  of  $100.00. 

Class  2.  Each  person  whose  annual  sales  are  not  less  than 
$150,000  and  do  not  exceed  $250,000  shall  be  deemed  an 
auctioneer  of  the  second  class  and  shall  pay  an  annual  license 
of  $75.00. 

Class  .3.  Each  person  whose  annual  sales  are  not  less  than 
$50,000  and  do  not  exceed  $150,000  shall  be  deemed  an 
auctioneer  of  the  third  class  and  shall  pay  an  annual  license  of 
$50.00. 

Class  4.  Each  person  whose  annual  sales  do  not  exceed 
$50,000  shall  be  deemed  an  auctioneer  of  the  fourth  class  and 
shall  pay  a  license  of  $25,00. 

Each  and  every  member  of  a  firm  who  shall  conduct  an  auction 
as  an  auctioneer  shall  pay  a  separate  license. 

§  21.  Each  barber  shop  shall  pay  a  license  of  $5.00  per  year 
for  the  first  chair  and  $2.00  for  every  additional  chair  per 
annum  for  conducting  the  business  of  barbering.  This  shall 
include  places  of  business  which  operate  barbering  establish- 
ments in  connection  with  other  lines  of  business. 

§  22.  Every  person,  firm  or  corporation  conducting  a  pub- 
lic bath  house  or  maintaining  baths  in  conjunction  v/ith  other 
lines  of  business,  shall  pay  a  license  of  $10.00  per  annum  for  the 
first  tub  or  other  bathing  apparatus  used  and  $3.00  per  annum 
for  every  additional  tub  or  bathing  apparatus  used. 

§  23.  Every  person,  firm  or  corporation  maintaining  or  opera- 
ting a  billiard  or  pool  or  pigeon-hole  table,  not  kept  exclusively 
for  family  use  in  the  family  residence,  shall  pay  an  annual  license 
of  $25.00. 

§  24.  Every  person,  firm  or  corporation  operating  or  con- 
ducting a  public  boarding  house,  wherein  transient  guests  are 
entertained,  shall  pay  a  license  of  $10.00  per  year. 

§  25.  Every  person,  firm  or  corporation  maintaining  or 
operating  a  bowling  alley,  not  kept  exclusively  for  family  use  in 
a  family  residence,  shall  pay  a  license  of  $25.00  per  year  for 
each  bowling  alley. 


LICENSES.  353 


§  26.  Every  person,  firm  or  coi*poration  maintaining  or 
operating  a  box  ball  alley,  not  kept  exclusively  for  family  use 
in  a  family  residence,  shall  pay  a  license  of  $25.00  per  year  for 
each  box  ball  alley. 

§  27.  Every  place  wherein  clothing,  wearing  apparel,  bed 
clothing,  household  furnishings,  linens,  wash  goods  of  all  kinds 
and  descriptions,  or  other  articles  are  received  to  be  laundered, 
or  to  be  sent  elsewhere  to  be  laundered,  if  such  place 
wherein  said  articles  are  received  is  not  a  regular 
licensed  laundry,  shall  be  deemed  a  branch  laundry  office,  and 
each  person,  firm  or  corporation  conducting  such  a  branch 
laundry  office  shall  pay  a  license  of  ten  dollars  ($10.00)  per 
year. 

§  28.  Each  person  who  shall  solicit  or  collect  clothing,  wear- 
ing apparel,  bed  clothing,  household  furnishings,  linens,  wash 
goods  of  any  kind  or  description,  or  other  articles  to  be  launder- 
ed, unless  such  person  be  a  regularly  lincensed  laundryman,  shall 
be  deemed  a  lanndry  solicitor,  and  shall  pay  a  license  of  $50.00 
per  year. 

§  29.  Every  person,  firm  or  coi*poration  doing  business  as  a 
lumber  broker  shall  pay  a  license  of  $25.00  per  yeai*. 

§  30.  Every  person,  fii-m  or  coi"poration  who  sells  or  offers 
for  sale  at  retain  Bowie  knives,  dirks,  brass  knucks  or  slung 
shots  shall  pay  a  license  of  $1,000  per  year. 

§  31.  Every  person,  firm  or  corporation  who  negotiates  the 
purchase  or  sale  of  bonds,  stocks,  promissory  notes  or  other 
securities  or  engaged  in  the  business  of  selling  bonds,  stocks, 
promissory  notes  or  other  securities  shall  be  deemed  a  stock 
broker  or  financial  agent  and  shall  pay  a  license  of  $60.00. 

§  32.  Every  person,  firm  or  corporation  engaged  in  the  busi- 
ness of  buying,  selling  or  negotiating  the  purchase  or  sale  of 
goods,  wares  and  merchandise  to  merchants  or  dealers  and  who 
shall  not  keep  on  hand  the  goods,  wares  and  merchandise  repre- 
sented by  such  sales,  shall  be  deemed  a  merchandise  broker 
and  shall  pay  an  annual  license  as  follows : 

Class  1.  Merchandise  brokers  whose  gross  business  is  less 
than  $100,000  per  year  shall  pay  a  license  of  $25.00  per  year. 

Class  2.  Merchandise  brokers  whose  gross  business  equals 
or  exceeds  $100,000  and  is  less  than  $200,000  per  year,  shall  pay 
a  license  of  $50.00  per  year. 


354  LICENSES. 


Class  3.  Merchandise  brokers  whose  gross  business  equals 
or  exceeds  $200,000  and  is  less  than  $300,000  per  year,  shall  pay 
a  license  of  $75.00  per  year. 

Class  4.  Merchandise  brokers  whose  gross  business  exceeds 
$300,000  per  year,  shall  pay  a  license  of  $100.00  per  year. 

§  33.  Every  ticket  broker,  scalper,  person,  firm  or  corpora- 
tion who  buys  or  sells  theatrical,  railroad  or  steamboat  tickets 
shall  pay  a  license  of  $50.00  per  year.  It  shall  be  unlawful  for 
any  person  so  licensed  to  buy,  sell  or  exchange  any  tickets  on 
the  street,  alley  or  thoroughfare  or  at  any  other  place  than 
within  the  place  desigTiated  on  said  license. 

§  34.  Every  person,  firm  or  corporation  who  buys  or  sells  leaf 
tobacco  for  the  public,  for  foreign  governments  or  for  any 
customer  on  commission  or  for  compensation  shall  be  deemed  a 
tobacco  broker  and  shall  pay  an  annual  license  of  $50.00. 

§  35.  Every  live  stock  broker  or  live  stock  commission  dealer 
who  buys  or  sells  for  others  live  stock  on  commission  or  for 
compensation,  shall  be  deemed  a  live  stock  broker  and  shall  pay 
an  annual  license  of  $50.00. 

§  36.  Every  person  who  slaughters  cattle  or  live  stock  of  any 
kind  shall  be  deemed  a  butcher  and  every  person  so  engaged 
shall  pay  a  license  of  $35.00  per  year. 

§  37.  Every  person,  firm  or  coiiDoration  who  sells  at  whole- 
sale or  retail  cigars,  cigarettes,  chewing  or  smoking  tobacco 
shall  pay  a  license  of  $10.00  per  year. 

§  38.  Every  person,  firm  or  corporation  who  operates  or  con- 
ducts or  carries  on  the  business  of  a  collecting  agency  for  the 
collection  of  claims  and  having  an  established  place  of  business 
in  the  city  of  Louisville  shall  pay  a  license  of  $50.00  per  year. 

§  39.  Every  person,  firm  or  corporation  operating  or  con- 
ducting a  cold  storage  or  refrigerator  plant  shall  pay  a  license 
of  $150.00  per  year  for  each  plant  operated  or  conducted. 

§  40.  Every  person,  firm  or  corporation  engaged  in  the  busi- 
ness of  contracting  for  public  railroad  or  bridge  work  shall  pay 
a  license  of  $100.00  per  year. 

§  41.  Every  person,  firm  or  corporation  contracting  for  the 
erection  or  improvement  of  any  private  buildings  or  for  the 
construction  of  any  private  work  or  improvements  or  sub-con- 
tracting for  any  particular  portion  of  buildings,  work  or  im- 
provements shall  be  deemed  a  contractor  and  shall  pay  an  annual 
license  of  S25.00. 


LICENSES.  355 


§  42.  Every  person,  firm  or  corporation  conducting  a  danc- 
ing school  or  academy  shall  pay  an  annual  license  of  $25.00. 

§  43.  Every  person  owning,  keeping  or  harboring  a  dog  or 
bitch  shall  pay  a  license  on  each  dog  or  bitch  so  owned,  kept  or 
harbored  of  two  ($2.00)  dollars  per  year.  Upon  payment  of  the 
said  license  the  Sinking  Fund  Commissioners  shall  cause  to  be 
delivered  to  the  owner  or  keeper  of  each  dog  or  bitch  upon 
which  the  license  is  paid  a  metal  tag  to  be  worn  by  each  dog  or 
bitch,  with  the  word  "licensed,"  and  number  of  same  stamped 
or  impressed  thereon,  of  which  there  shall  be  kept  in  the  office 
of  the  Sinking  Fund  a  record  book  giving  the  name  and  resi- 
dence of  the  owner  or  keeper  of  the  dog  or  bitch,  and  the  date 
of  payment  and  expiration  of  the  license. 

§  44.  Every  place  where  food  or  refreshments  of  any  kind, 
not  including  spirituous,  vinous  or  malt  liquors  are  prepared 
for  casual  visitors  and  sold  for  consumption  therein,  shall  be 
deemed  a  restaurant  or  eating  house,  and  every  person,  finn 
or  conDoration  conducting  or  operating  any  such  place  shall  pay 
an  annual  license  as  follows: 

Class  1.  All  restaurants  or  eating  houses  wherein  the  yearly 
sales  are  less  than  $5,000  shall  pay  a  license  of  $12.50  per  year. 

Class  2.  All  restaurants  or  eating  houses  wherein  the  yearly 
sales  equal  or  exceed  $5,000  and  are  less  than  $10,000  shall  pay 
a  license  of  $25.00  per  year. 

Class  3.  All  restaurants  or  eating  houses  wherein  the  yearly 
sales  equal  or  exceed  $10,000  and  are  less  than  $15,000  shall  pay 
a  license  of  $50.00  per  year. 

Class  4.  All  restaurants  or  eating  houses  wherein  the  yearly 
sales  equal  or  exceed  $15,000  and  are  less  than  $20,000  shall  pay 
a  license  of  $75.00  per  year. 

Class  5.  All  restaurants  or  eating  houses  wherein  the  yearly 
sales  equal  or  exceed  $20,000  and  are  less  than  $25,000  shall  pay 
a  license  of  $100.00  per  year. 

Class  6.  All  restaurants  or  eating  houses  wherein  the  yearly 
sales  equal  or  exceed  $25,000  and  are  less  than  $30,000  shall  pay 
a  license  of  $125.00  per  year. 

Class  7.  All  restaurants  or  eating  houses  wherein  the  yearly 
sales  equal  or  exceed  $30,000  and  are  less  than  $35,000  shall  pay 
a  license  of  $150.00  per  year. 


356  LICENSES. 


Class  8.  All  restaurants  or  eating  houses  wherein  the  yearly 
sales  equal  or  exceed  $35,000  and  are  less  than  $40,000  shall  pay 
a  license  of  $175.00  per  year. 

Class  9.  All  restaurants  or  eating  houses  wherein  the  yearly 
sales  equal  or  exceed  $40,000  shall  pay  a  license  of  $200.00  per 
year. 

§  45.  Every  person,  firm  or  corporation  operating  a  grain 
elevator  shall  pay  a  license  of  $100.00  per  year  on  each  elevator. 

§  46.  The  license  for  ball  or  knife  throwing  devices  or  games 
and  all  similar  games  in  character,  not  being  specially  licensed, 
shall  pay  $50.00  per  month.  Any  person,  firm  or  corporation 
having  paid  one  or  more  full  month's  license  and  desiring  to 
continue  such  exhibition  for  an  additional  fraction  of  a  month 
may  do  so  by  paying  at  the  rate  of  $5.00  per  day. 

§  47.  Every  person,  firm  or  coriwration  operating  or  con- 
ducting a  feather  renovator  shall  pay  a  license  of  $25.00  per 
year. 

§  48.  Every  person,  firm  or  corpoi'ation  maintaining,  operat- 
ing or  conducting  a  "Flying  Dutchman,"  flying  horse  aiTange- 
ment  or  establishment  shall  pay  a  license  of  $5.00  per  day. 
Said  license  may  be  granted  for  a  week  at  a  time,  and  the  loca- 
tion of  the  "Flying  Dutchman,"  flying  horse  arrangements  or 
establishment  shall  be  expressed  in  the  license. 

§  49.  Every  person,  firm  or  corporation  who  operates  or  con- 
ducts a  fertilizer  works  shall  pay  a  license  for  each  fertilizer 
works  so  conducted  or  operated  of  $125.00  per  year. 

§  50.  Hereafter  it  shall  be  unlawful  for  any  person,  firm  or 
corporation  to  own,  maintain  or  operate  a  floating  sawmill  with- 
in the  limits  of  the  city  of  Louisville  without  having  a  license 
so  to  do.  The  license  for  opening,  maintaining  or  operating  a 
floating  sawmill,  as  herein  set  forth,  shall  be  $25.00  per  year. 

§  51.  Every  person,  firm  or  corporation  who  sells  at  retail 
meats  of  any  kind  whatever,  not  slaughtered  by  himself,  or  who 
shall  sell  fish,  game  or  oysters  or  either  all  or  several  of  said 
articles,  shall  be  deemed  a  retail  meat  dealer  and  shall  pay  a 
license  of  $15.00  for  six  months  or  $25.00  per  year. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  sell 
at  retail  meat  of  any  kind  except  at  a  market  space,  market 
house  or  an  established  place  of  business.  This  section  shall  not 
apply  to  the  sale  of  canned  meats,  fish,  game  or  oysters. 


LICENSES.  357 


§  52.  Every  person,  firm  or  corporation  operating  or  con- 
ducting a  tavern,  hotel,  lodging  house  or  place  where  furnished 
apartments  are  rented  shall  pay  a  yearly  license  as  follows : 

Class  1.  Every  hotel,  tavern,  lodging  house  or  place  where 
furnished  apartments  are  rented  and  which  contain  less  than  25 
rooms  shall  pay  an  annual  license  of  $12.50. 

Class  2.  Every  hotel,  tavern,  lodging  house  or  place  where 
furaished  apartments  are  rented  and  which  contain  more  than  25 
rooms  and  does  not  exceed  50  rooms  shall  pay  an  annual  license 
of  $25.00. 

Class  3.  Every  hotel,  tavern,  lodging  house  or  place  where 
furnished  apartments  are  rented,  and  which  contain  more  than 
50  rooms  and  does  not  exceed  100  rooms  shall  pay  an  annual 
license  of  $50.00. 

Class  4.  Every  hotel,  tavern,  lodging  house  or  place  where 
furnished  apartments  are  rented,  and  which  contain  more  than 
100  rooms  and  does  not  exceed  200  rooms  shall  pay  an  annual 
license  of  $100.00. 

Class  5.  Every  hotel,  tavern,  lodging  house  or  place  where 
furnished  apartments  are  rented,  and  which  contain  more  than 
200  rooms  and  does  not  exceed  300  rooms  shall  pay  an  annual 
license  of  $200.00. 

Clasg  6.  Every  hotel,  tavern,  lodging  house  or  place  where 
furnished  apartments  are  rented,  and  which  contain  more  than 
300  rooms  shall  pay  an  annual  license  of  $300.00. 

§  53.  Each  and  every  huckster  who  shall  sell  or  offer  for 
sale  goods,  wares  or  merchandise  of  any  kind  shall  pay  a  license 
of  $12.50  for  six  months,  or  $25.00  for  one  year.  It  shall  be  un- 
lawful for  hucksters  to  sell  at  other  than  the  market  spaces  or 
places  and  during  market  hours  only. 

§  54.  Every  insurance  adjuster,  whether  employed  by  an  in- 
surance company  or  companies,  or  by  the  insured,  shall  pay  a 
license  of  $125.00  per  year. 

§  55.  Each  person,  firm  or  corporation  engaged  in  the  busi- 
ness for  pay  of  advertising,  assisting  or  aiding  the  insured  in 
adjusting  as  to  their  rights  under  their  policy  or  policies,  or  as 
to  how  the  insured  should  settle  with  the  insurance  company 
or  companies,  shall  be  considered  insurance  advisers  and  shall 
pay  a  license  of  $125.00  per  year.  " 


358  LICENSES. 


§  56.  The  license  upon  any  amusement  park  wherein  band 
concerts,  theatrical  performances,  dancing  or  other  methods  of 
entertainments  and  amusements  to  the  public  are  contained  shall 
be  $150.00  per  month  or  fraction  thereof.  This  shall  be  in  addi- 
tion to  the  soft  drink  license  paid  by  any  park. 

§  57.  Every  life,  fire,  tornado,  accident,  casualty,  indemnity 
and  bonding  insurance  company  doing  business  in  this  city 
shall,  on  or  before  the  first  day  of  February  of  each  year,  pay 
to  the  Sinking  Fund  the  sum  of  $2.50  on  every  $100.00  of 
premiums  received  on  business  written  in  the  city  during  the 
previous  year.  The  computation  for  the  license  shall  be  made 
upon  the  premiums  of  the  said  company,  firm  or  coi"poration  for 
the  year  immediately  preceding  the  time  the  license  is  payable, 
sworn  statement  of  which,  made  at  the  home  office  or  principal 
office  in  this  country  of  the  company,  by  one  of  the  general 
officers,  shall  be  furnished  the  Treasurer  and  Secretary  of  the 
Sinking  Fund  on  the  application  for  the  license.  The  license 
during  the  first  year's  business  of  any  such  company  shall  be 
at  the  rate  of  $50.00  per  year,  and  any  person  proposing  to  be- 
gin the  insurance  business  in  the  city  after  the  first  day  of 
January  of  any  year  may  be  granted  a  license  until  the  next 
succeeding  31st  day  of  December  after  said  license  is  dated, 
upon  the  payment  of  such  proportion  of  the  sum  of  $50.00  as 
the  time  said  license  has  to  run  bears  to  one  year,  after*  which 
license  shall  be  as  hereinbefore  set  forth.  The  company,  as 
well  as  the  agent  of  the  foreign  company  or  chief  officer  of  the 
home  company,  shall  be  responsible  for  acting  without  license 
and  subject  to  penalty  therefor. 

§  58.  Every  person,  firm  or  corporation  carrying  on  the  busi- 
ness of  securing  situations  or  employment  of  any  kind  for  per- 
sons for  fee,  compensation  or  reward  of  any  kind,  shall  be 
deemed  an  intelligence  office,  employment  agent  or  information 
bureau  keeper  and  shall  pay  an  annual  license  of  $25.00. 

§  59.  On  or  before  the  first  day  of  April  in  each  year  every 
person,  firm  or  coi-poration  engaged  in  the  business  of  selling 
debentures,  coupons  or  certificates  or  in  making  collections  on 
those  already  sold,  as  an  investment,  savings  or  redemption  busi- 
ness, concern  or  company  shall  pay  a  license  of  $100.00  per  year; 
provided  the  gross  receipts  of  such  person,  firm  or  corporation 
do  not  exceed  the  sum  of  $10,000  per  annum,  and  such  person, 


LICENSES.  359 


firm  or  coi-poration  shall  pay  for  said  pui-pose  a  license  of  one- 
half  of  one  per  cent  on  all  gross  receipts  of  such  person,  firm  or 
corporation  in  excess  of  $10,000  per  annum  in  addition  to  the 
said  license  of  $100.00  per  year. 

§  60.  Every  person  who  goes  from  place  to  place  within  the 
city  of  Louisville  for  the  purpose  of  buying  old  iron  or  other 
metals,  rags,  old  rope,  bottles  or  other  junk  shall  be  deemed  a 
junk  dealer,  and  shall  pay  a  license  of  $10.00  per  year;  and  shall 
be  required  to  wear  conspicuously  displayed  a  badge  to  be  fur- 
nished by  the  Sinking  Fund. 

§  61.  Every  person,  firm  or  corporation  who  shall  carry  on 
the  business  of  buying  or  selling  rags,  old  iron  or  other  metals, 
old  ropes,  old  bottles  or  other  junk  from  an  established  place  of 
business  in  the  city  of  Louisville  shall  be  deemed  a  junk  mer- 
chant and  shall  pay  a  license  of  $25.00  per  year. 

§  62.  Every  person,  firm  or  coiTDOi-ation  conducting  or  operat- 
ing a  laundry  in  the  city  of  Louisville  shall  pay  a  license  of 
$75.00  per  year  for  each  laundry. 

§  63.  Every  place  where  live  stock  of  any  kind  is  kept  to 
hire  or  let,  or  kept,  or  fed,  or  boarded  for  others  shall  be  deemed 
a  livery  stable  and  shall  pay  an  annual  license  as  follows: 

Class  1.  First  class,  having  fifty  stalls  or  more,  $40.00  per 
year. 

Class  2.  Second  class,  having  less  than  fifty  stalls,  $25.00  per 
year. 

§  64.  Every  person,  firm  or  corporation  who  gathers,  com- 
piles and  furnishes  to  retail  or  wholesale  merchants  or  to  any 
other  persons,  firms  or  corporations,  information  as  to  the 
credit  standing  of  purchasers,  customers  and  patrons  of  such 
merchants,  persons,  firms  or  corporations,  or  information  con- 
cerning the  credit  standing  of  any  other  person,  firm  or  coi-pora- 
tion  shall  pay  a  license  of  $100.00  per  year. 

§  65.  Every  person,  firm  or  coiiDoration  operating  or  con- 
ducting the  business  of  furnishing  messengers  or  messenger 
service  or  in  delivering  parcels  for  others  shall  pay  a  license  of 
$25.00  per  year. 

§  66.  Every  person,  firm  or  corporation  engaged  in  the  busi- 
ness of  lending  or  advancing  money  (or  negotiating  for  the  loan 
or  advance  of  money)  on  assignment  of  salaries  or  wages,  due 
or  to  become  due,  or  discounting  salaries  or  wages,  due  or  to  be- 
come due,  shall  pay  a  license  of  $200.00  per  year. 


360  LICENSES. 


Sub-section  A.  Every  person,  firm  or  corporation  engaged  in 
the  business  of  lending  or  advancing  money  (or  negotiating  for 
the  loan  or  advance  of  money)  on  chattel  mortgages  shall  pay  a 
license  of  $200.00  per  year. 

Sub-section  B.  Every  person,  firm  or  corporation  engaged  in 
the  business  of  lending  money  on  plain  notes  or  note  secured  by 
real  estate  or  engaged  in  the  business  of  loaning  money  in  any 
manner  shall  pay  a  license  of  $100.00  per  year. 

§  67.  Every  person,  firm  or  corporation  whose  business  is 
to  take  or  receive  by  way  of  pledge,  pawn  or  exchange  any  goods, 
wares  or  merchandise  or  any  personal  property  Whatever  as 
security  for  the  payment  of  money  lent  thereon,  other  than 
banks  or  trust  companies,  shall  be  deemed  a  pawnbroker,  and 
shall  pay  a  license  of  $350.00  per  year. 

§  68.  Each  and  every  peddler  who  shall  sell  or  offer  for  sale 
any  goods,  wares  or  merchandise  of  any  kind  in  the  city  of  Lou- 
isville shall  pay  a  license  of  $5.00  for  one  month,  $12.50  for  six 
months  and  $20.00  for  one  year.  No  peddler's  license  shall  give 
authority  for  more  than  one  person  to  peddle  under  it,  nor  shall 
any  person  to  whom  a  license  is  granted  sell  by  agents  or  clerk 
or  in  any  other  way  than  by  himself  in  person ;  and  each  agent 
or  clerk  shall  procure  a  separate  license.  Every  peddler  while 
engaged  in  peddling  shall  carry  his  or  her  license  and  exhibit 
the  same  whenever  requested  to  do  so  by  a  license  inspector  or 
police  officer.  Every  peddler  while  engaged  in  peddling  shall 
wear  a  badge  upon  his  person  in  a  conspicuous  place,  and  in 
such  a  manner  that  it  may  always  be  seen.  Said  badge  shall 
be  of  metal,  and  shall  be  furnished  by  the  Commissioners  of  the 
Sinking  Fund  free  of  charge.  It  shall  be  unlawful  for  any  per- 
son to  destroy,  deface  or  injure  said  badge  in  any  manner  or 
change  the  number  or  date  thereon,  or  for  any  person  to  wear 
said  badge  unless  it  be  the  licensed  peddler  in  whose  name  the 
badge  and  license  were  issued. 

§  69.  Every  person,  firm  or  corporation  who  makes  for  sale 
photographs,  ambrotypes,  daguerreotypes,  blue  prints  or 
pictures  or  prints  of  any  kind  by  the  action  of  light  shall  be 
deemed  a  photogi-apher  and  shall  pay  a  license  of  $10.00  per 
year. 

§  70.  Every  person,  firm  or  corporation  who  sells  playing 
cards  at  retail  shall  pay  a  license  of  $10.00  per  year. 


LICENSES.  361 


§  71.  Every  person,  firm  or  corporation  who  sells  pistols  at 
retail  shall  pay  a  license  of  $100.00  per  year. 

§  72.  Every  person,  firm  or  corporation  who  conducts  or 
operates  a  pork  house  or  other  meat-packing  establishment  shall 
pay  for  each  pork  house  or  meat-packing  establishment  con- 
ducted or  operated  a  license  of  $200.00  per  year. 

§  73.  Every  person  engaged  in  the  business  of  a  private 
detective,  or  what  is  known  as  a  plain  clothes  man,  shall  pay 
a  license  of  $25.00  per  year,  and  be  subject  to  the  rules  and  regu- 
lations of  the  Board  of  Public  Safety. 

§  74.  Every  person  engaged  in  the  business  of  private  police- 
man shall  pay  a  license  of  $5.00  per  year  and  be  subject  to  the 
rules  and  regulations  of  the  Board  of  Public  Safety. 

§  75.  Every  person,  firm  or  corporation  who  shall  sell  or  oifer 
for  sale,  barter  or  exchange,  in  carload  lot  or  any  less  quantity 
of,  fruit,  vegetables  or  farm  products,  butter,  eggs,  game  or 
poultry  contained  in  any  railroad  car  or  in  any  railroad  freight 
depot  or  warehouse,  or  any  steamboat,  flatboat,  wharfboat  or 
boat  landing  within  the  city  of  Louisville,  shall  pay  a  license  of 
$100.00  per  year;  provided,  however,  the  provisions  of  this  sec- 
tion shall  not  apply  to  any  bona  fide  farmer,  gardener,  fruit  or 
vine-grower  engaged  in  selling  the  products  of  his  farm,  garden, 
orchard  or  vineyard  from  his  wagon  or  stand  in  the  market,  nor 
to  any  commission  merchant  having  a  storehouse  and  established 
place  of  business  in  the  city. 

§  76.  Every  person,  firm  or  corporation  engaged  in  the  busi- 
ness of  promoting  financial  undertakings,  aiding  or  assisting 
in  the  organization  and  capitalizing  of  corporations  shall  be 
deemed  a  promoter  and  shall  pay  a  license  of  $150.00  per  year. 

§  77.  Every  person,  firm  or  corporation  who  conducts  or 
operates  a  public  stockyard  shall  pay  for  each  stockyard  con- 
ducted or  operated  a  license  of  $500.00  per  year. 

§  78.  Every  person,  firm  or  corporation  conducting  or  operat- 
ing a  public  warehouse  or  houses,  storage  house  or  storage 
houses  in  the  city  of  Louisville  shall  pay  a  license  as  follows: 

For  each  warehouse  or  storage  house  used  in  whole  or  in  part 
as  a  warehouse  as  defined  by  the  laws  of  Kentucky  such  person, 
firm  or  coi-poration  shall  pay  a  license  of  $150.00  per  year.  For 
each  additional  warehouse  or  storage  house  so  used,  conducted 
or  operated  the  license  shall  be  $50.00  per  year. 


362  LICENSES. 


§  79.  Every  person,  firm  or  corporation  conducting  or  carry- 
ing on  the  business  of  a  public  weigher  of  cotton  seed  products 
in  the  city  of  Louisville  shall  pay  a  license  of  $25.00  per  year. 
It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  carry 
on  the  business  of  public  weig'her  of  cotton  seed  products  in  the 
city  of  Louisville  until  he  or  they  have  executed  a  bond  to  the 
city  of  Louisville,  approved  by  the  General  Council,  in  the  sum 
of  $2,000,  conditioned  that  he  or  they  will  faithfully  perform 
and  observe  all  regulations  of  this  ordinance,  and  for  the  benefit 
of  such  person,  persons  or  corporations  as  are,  or  may  be, 
aggrieved  or  injured  by  failure  of  said  observances.  Said  bond 
shall  be  executed  in  the  Sinking  Fund  office,  in  the  presence  of 
the  Treasurer  and  Secretary  of  the  Sinking  Fund,  and  shall  be 
transmitted  to  the  General  Council  for  approval,  and  when  ap- 
proved the  Comptroller  shall  be  the  custodian  of  said  bond,  and 
shall  notify  the  Treasurer  and  Secretary  of  the  Sinking  Fund 
of  such  approval.  The  licensee  shall  take  an  oath  to  faithfully 
perform  the  duties  of  public  weigher  of  cotton  seed  products 
according  to  law  and  the  custom  of  the  business.  It  shall  be 
the  duty  of  said  public  weigher,  when  requested  by  the  buyer 
of  any  cotton  seed  oil  or  other  cotton  seed  products,  residing 
or  located  within  the  city  of  Louisville,  to  weigh  and  accurately 
determine  the  weig'ht  of  any  cotton  seed  oil  or  other  cotton  seed 
products,  whether  contained  in  tanks,  cars,  barrels,  bags  or 
packages,  and  to  give  to  such  buyer  a  certificate  duly  sworn  to, 
showing  the  gross,  tare  and  net  weights  of  such  cotton  seed  oil 
or  other  cotton  seed  products,  and  he  shall  also,  when  requested, 
draw  or  take  samples  of  or  from  such  oil  and  other  cotton  seed 
products  weighed  by  him,  as  and  in  the  mianner  required  by  the 
rules  and  regulations  of  such  exchanges  or  associations,  and  send 
or  deliver  such  samples,  when  drawn  or  taken,  to  the  buyer  and 
sellei-  of  such  oil  or  other  products.  Each  public  weigher  shall 
keep  in  a  suitable  book  a  correct  register  or  a  statement  of  all 
cotton  seed  products  weighed,  showing  the  gross,  tare  and  net 
weights  and  date  when  weighed.  For  his  services  in  weighing 
or  weighing  and  sampling  such  cotton  seed  oil  or  other  cotton 
seed  products  the  said  public  weigher  shall  be  entitled  to  charge 
a  fee  of  not  exceeding  six  dollars  for  each  tank  car,  five  cents 
for  each  barrel  and  two  cents  for  each  bag  or  package,  one-half 
of  which  fee  to  be  paid  by  the  buyer  and  the  other  half  by  the 


LICENSES.  363 


seller;  and  said  public  weigher  shall  receive  no  other  compensa- 
tion for  his  services. 

§  80.  Every  person,  firm  or  corporation  who  sells  or  offers 
■for  sale  or  negotiates  the  purchase  or  sale  of  real  estate  for 
compensation,  or  who  negotiates  loans  upon  real  estate  security 
for  compensation,  or  who  rents  or  offers  for  rent  real  estate  or 
houses  or  collects  rent  on  the  same  for  compensation  shall  be 
deemed  a  real  estate  agent  and  shall  pay  an  annual  license  fee 
of  $25.00. 

No  real  estate  license  shall  give  authority  for  more  than  one 
person  to  sell,  offer  for  sale,  negotiate  a  sale  of  real  estate  or 
negotiate  loans  upon  real  estate  security  for  compensation  or 
rent  real  estate  or  houses  for  compensation  other  than  the  per- 
son to  whom  said  license  is  issued,  and  when  said  license  is  issued 
to  a  corporation  the  person  conducting  the  department  referred 
to  shall  be  named  in  said  license,  and  no  other  person  shall 
operate  thereunder. 

§  81.  Every  person,  firm  or  corporation  who  operates  or  con- 
ducts a  rendering  or  tanking  house  shall  pay  for  each  rendering 
or  tanking  house  conducted  or  operated  a  license  of  $225.00 
per  year. 

§  82.  Every  person  engaged  as  a  scavenger  or  vault  cleaner 
shall  pay  a  license  of  $25.00  per  year. 

§  83.  Every  person,  firm  or  corporation  whose  principal  busi- 
ness is  that  of  buying  or  selling  second-hand  household  goods, 
second-hand  clothing  or  wearing  apparel,  second-hand  books, 
or  any  other  kind  of  second-hand  goods,  wares  or  merchandise 
shall  pay  a  hcense  of  $25.00  per  year. 

§  84.  Every  person  who  solicits  the  sale  of  or  sells  or  contracts 
for  the  sale  of  sewing  machines  in  the  city  of  Louisville,  at 
any  place  other  than  a  regular  sewing  machine  store  or  estab- 
lished business  shall  be  deemed  a  sewing  machine  agent  or 
solicitor,  and  shall  pay  a  license  of  $10.00  per  year.  Every  per- 
son, firm  or  corporation  operating  or  conducting  a  sewing  ma- 
chine business,  establishment  or  agency  in  the  city  of  Louisville 
shall  furnish  to  the  Treasurer  and  Secretary  of  the  Sinking 
Fund  a  certified  statement  whenever  called  upon  so  to  do  by 
said  Treasurer  and  Secretary,  containing  the  names  and  ad- 
dresses of  each  and  every  person  soliciting  or  selling  sewing 


364  LICENSES. 


machines  for  them  other  than  at  said  established  place  of  busi- 
ness. 

§  85.  Every  person,  firm  or  coi-poration  maintaining  or 
operating  a  shooting  gallery,  not  kept  exclusively  for  family 
use  at  the  family  residence,  shall  pay  a  license  of  $100.00  per 
year;  provided,  however,  that  a  license  for  a  shooting  gallery 
may  be  issued  for  three  months  at  a  time  at  the  rate  of  $35.00 
for  three  months. 

§  86.  Each  individual,  firm  or  coi"poration  engaged  in  the 
business  of  sprinkling  streets  shall  pay  a  license  of  3  per  cent  of 
the  gross  earnings  per  year. 

§  87.  Every  person,  firm  or  coi"poration  conducting  or  operat- 
ing a  swimming  pool  shall  pay  a  license  of  $10.00  per  year. 

§  88.  Every  person  engaged  in  the  business  of  inspecting 
leaf  tobacco,  by  whomsoever  employed,  whether  upon  percent- 
age or  salary,  shall  be  deemed  a  leaf  tobacco  inspector,  and  pay 
a  license  of  $35.00  per  year. 

§■89.  Every  towel  supply  company  and  every  person,  firm  or 
corporation  who  furnishes  laundered  towels  to  patrons  shall 
pay  a  license  of  $50.00  per  year. 

§  90.  Every  person,  firm  or  corporation  who  buys  and  sells 
any  merchantable  commodity  for  his  or  its  own  account  with- 
out having  a  storehouse  or  warehouse,  and  keeping  or  storing 
same  in  the  city  of  Louisville  shall  be  deemed  a  trader,  and  shall 
pay  a  license  of  $20.00  per  year. 

§  91.  Every  person,  firm  or  coi-poration  carrying  on  or  con- 
ducting a  trading  stamp  business,  and  each  branch  thereof 
where  trading  stamp  business  is  conducted  at  a  separate  loca- 
tion shall  pay  into  the  Sinking  Fund  of  the  city  of  Louisville, 
for  Sinking  Fund  purposes,  an  annual  license  of  $200.00. 

§  92.  Every  vehicle  propelled  or  drawn  by  muscular  power 
and  run  or  used  in  the  city  of  Louisville  shall  be  subject  to  the 
following  licenses : 

For  each  and  every  wagon,  cart,  dray,  omnibus  or  other  vehicle 
not  especially  designated  herein,  drawn  by  a  single  animal,  the 
license  shall  be  $3.00  per  year ;  drawn  by  two  animals,  $6.00  per 
year;  drawn  by  three  animals,  $10.00  per  year;  drawn  by  four 
animals,  $15.00  per  year;  drawn  by  five  animals,  $20.00  per 
year ;  drawn  by  six  animals,  $25.00  per  year. 


LICENSES.  365 


For  each  and  every  hearse  the  license  shall  be  $6.00  per  year. 

For  each  and  every  hack,  coupe,  coach  or  like  vehicle  the 
license  shall  be  $6.00  per  year. 

For  each  and  every  bugg-y,  gig,  phaeton,  pony  cart,  sulky  or 
like  vehicle  the  license  shall  be  $3.00  per  year. 

For  each  and  every  family  carriage  drawn  by  one  animals  the 
license  shall  be  $3.00  per  year;  drawn  by  two  animals,  the 
license  shall  be  $5.00  per  year. 

There  shall  be  provided  by  the  Sinking  Fund,  without  cost 
to  the  licensee,  for  every  vehicle  propelled  or  drawn  by 
muscular  power,  metal  plates,  containing  in  raised  figures  the 
number  of  the  license  of  each  class  and  the  year  issued,  together 
with  the  date  of  expiration.  Said  metal  plates  shall  be  placed 
and  kept  conspicuously  in  view  on  every  vehicle  mentioned  in 
this  section  of  this  Ordinance,  so  that  the  sam^e  can  be  easily 
read  from  the  sidewalk.  Such  numbers  and  letters  upon  said 
plates  shall  be  in  plain,  distinct  and  legible  figures  and  letters, 
each  plate  to  be  not  less  than  one,  two  or  three  inches  in  width, 
and  placed  on  each  vehicle  drawn  by  muscular  ix)wer  in  the  fol- 
lowing manner: 

On  drays  and  carts  the  numbers  shall  be  cast  or  painted  on 
metallic  plates  and  placed  on  the  outer  side  of  the  right  shaft, 
three  inches  in  front  of  the  bed  or  body  of  the  dray  or  cart. 

On  wagons  the  numbers  shall  be  cast  or  painted  on  metallic 
plates  on  the  hind  axle,  or  where  a  body  is  used  on  said  wagon, 
said  number  shall  be  placed  on  the  right  side  thereof. 

On  private  carriages,  barouches,  buggies  and  all  other  private 
vehicles  of  like  kind,  the  number  shall  be  cast  or  painted  on  neat 
metallic  plates  and  placed  upon  said  vehicles  upon  the  spring  bar 
or  rear  end  of  said  vehicles. 

Painting  or  covering  over  the  plate  or  placing  the  plates  upon 
any  other  vehicles  than  the  one  for  which  the  same  was  issued 
shall  be  punishable  by  a  fine  of  not  less  than  $5.00  nor  more 
than  $15.00. 

It  shall  be  the  duty  of  the  owner  of  each  licensed  vehicle 
drawn  by  muscular  power  on  or  before  the  date  on  which  said 
license  shall  expire  to  retuni  to  the  Sinking  Fund  Commissioners 
the  number  plates  used  upon  such  vehicle  or  vehicles  the  pre- 
ceding year,  and  the  Sinking  Fund  Commissioners  shall,  when 
the  license  is  paid,  furnish  another  plate  for  the  current  year 


366  LICENSES. 


free  of  charge.  But  if  the  old  number  plate  shall  be  lost  or 
defaced  the  Sinking  Fund  Commissioners  shall  charge  for  each 
new  number  plate  furnished  by  it  the  sum  of  25  cents,  in  addi- 
tion to  the  sum  above  mentioned  for  license;  and  the  owner  or 
owners  of  any  vehicles  mentioned  herein,  used  or  run  in  the 
city  of  Louisville  shall  not  be  permitted  to  use  any  other  num- 
ber plate  than  that  furnished  by  the  Sinking  Fund.  Every 
keeper,  owner,  proprietor  or  agent  of  any  livery  or  boarding 
stable,  and  the  owner  or  owners  of  all  the  vehicles  mentioned 
in  this  section  of  this  Ordinance,  shall,  whenever  called  upon 
so  to  do,  state  on  oath  to  the  Treasurer  and  Secretary  of  the 
Sinking  Fund  how  m.any  vehicles  of  every  description  are  owned 
or  used  or  kept  by  him  or  them,  and  the  Treasurer  and  Secre- 
tary of  the  Sinking  Fund  may  examine  every  such  person  on 
oath  touching  the  number  of  vehicles  owned,  used  or  kept  by 
him  or  them  during  the  year  next  preceding  the  date  of  making 
such  statement,  and  also  the  number  owned,  used  or  kept  by 
him  or  them  at  the  time  of  making  such  statement. 

All  vehicle  licenses  provided  for  in  this  section  of  this  Ordi- 
nance shall  be  made  to  expire  on  the  first  day  of  May  of  each 
year,  and  any  person  or  persons  who  commence  to  use  or  run 
a  vehicle  in  the  city  of  Louisville  after  the  passage  and  pub- 
lication of  this  Ordinance  shall  be  charged  proix>rtionately  for 
the  year  ending  the  first  of  May. 

If  any  vehicle  shall  be  run  or  used  within  said  city  without 
being  licensed  so  to  run,  the  owner,  agent  or  driver  shall  for 
each  day  such  vehicle  is  run  without  license  be  fined  not  less 
than  $5.00  nor  more  than  $10.00. 

§  93.  Every  motor  vehicle  owned  and  used  in  the  city  of 
Louisville  shall  be  subject  to  a  license.  Whenever  the  term 
motor  vehicle  shall  be  used  in  this  section  of  the  Ordinance  it 
shall  include  automobiles,  locomobiles,  and  all  other  vehicles 
propelled  othenvise  than  by  muscular  power  except  motorcycles, 
common  bicycles,  traction  engines,  road  rollers,  electric  and 
steam  railways. 

Every  owner  of  a  motor  vehicle  owned  and  used  in  the  city 
of  Louisville  shall  pay  the  following  annual  license: 

For  each  passenger  motor  vehicle  of  less  than  twenty-five 
horsepower,  the  annual  license  shall  be  $5.00.  For  each  passenger 
motor  vehicle  of  twenty-five  horsepower  and  over  up  to  fifty 


LICENSES.  367 


horseppwer,  the  annual  license  shall  be  $10.00.  For  each 
passenger  motor  vehicle  of  fifty  horsepower  and  over,  the  annual 
license  shall  be  $15.00. 

The  owners  of  commercial  trucks  used  in  the  city  of  Louis- 
ville shall  pay  an  annual  license  on  such  trucks  as  follows: 

Trucks  having  a  capacity  of  1,000  pounds  or,  less,  $5.00  per 
annum;  trucks  having  a  capacity  of  more  than  1,000  pounds 
and  up  to  2,000  pounds,  $7.50  per  annum;  trucks  having  a 
capacity  of  more  than  2,000  pounds  and  up  to  3,000  pounds, 
$10.00  per  annum;  trucks  having  a  capacity  of  more  than  3,000 
pounds  and  up  to  4,000  pounds,  $12.50  per  annum;  trucks  hav- 
ing a  capacity  of  more  than  4,000  pounds  and  up  to  5,000  pounds, 
$15.00  per  annum ;  trucks  having  a  capacity  of  more  than  5,000 
pounds  and  up  to  6,000  pounds,  $17.50  per  annum;  trucks  hav- 
ing a  capacity  of  more  than  6,000  pounds  and  up  to  7,000 
pounds,  $20.00  per  annum ;  trucks  having  a  capacity  of  more  than 
7,000  pounds  and  up  to  8,000  pounds,  $22.50  per  annum;  trucks 
having  a  capacity  of  more  than  8,000  pounds  and  up  to  9,000 
pounds,  $25.00  per  annum ;  trucks  having  a  capacity  of  more  than 
9,000  pounds  and  up  to  10,000  pounds,  $27.50;  trucks  having  a 
capacity  of  more  than  10,000  pounds  shall  pay  $5.00  per  annum 
on  each  additional  ton. 

All  motor  vehicle  licenses,  whether  on  passenger  vehicles  or 
commercial  trucks,  shall  be  made  to  expire  on  the  first  day  of 
May  of  each  year.  Any  owner,  person  or  persons  who  com- 
mence to  use  or  run  a  motor  vehicle  of  any  class  or  commercial 
truck  in  the  city  ot  Louisville  after  the  passage  and  publication 
of  this  Ordinance  shall  be  charged  proportionately  for  the  year 
ending  the  first  day  of  May. 

If  any  motor  vehicle  or  commercial  truck  shall  be  run  or  used 
within  said  city  without  being  licensed  so  to  run,  the  owner, 
agent  or  driver  shall  for  each  day  such  vehicle  or  truck  is  run 
without  license  be  fined  not  less  than  $5.00  nor  more  than  $10.00. 

§  94.  Every  individual,  fiiTn  or  coi-poration  who  intends  to 
commence  after  the  first  day  of  September  of  any  year  the  busi- 
ness of  selling  any  goods,  wares  or  merchandise,  except  by 
samples,  shall  first  obtain  a  license  therefor  and  pay  in  advance 
for  the  same  as  follows,  viz.: 


368  LICENSES. 


If  said  business  is  commenced  after  the  first  day  of  Septem- 
ber and  before  the  second  of  January  said  license  fee  shall  be 
$250.00. 

If  said  business  is  commenced  at  any  time  after  the  first  day 
of  January  and  before  the  first  day  of  May  the  license  fee  shall 
be  $100.00. 

If  said  business  is  commenced  at  any  time  between  the  30th 
day  of  April  and  the  first  day  of  August  said  license  fee  shall 
be  $50.00. 

Each  license  issued  under  this  section  shall  entitle  the  licensee 
to  conduct  or  carry  on  said  business  until  the  first  day  of  the 
next  succeeding-  September. 

Each  agent  or  employe  Who  conducts  or  manages  said  busi- 
ness or  assists  in  the  conducting  or  managing  said  business 
before  a  license  has  been  obtained  therefor  shall  be  guilty  of  a 
violation  of  this  Ordinance,  and  shall  be  liable  to  the  penalty 
hereinafter  provided. 

§  95.  All  persons,  firms  or  corporations  engaged  in  the  busi- 
ness of  undertaking  or  preparing  bodies  for  burial  shall  pay  a 
license  of  $25.00  per  year. 

§  96.  Every  person,  firm  or  corporation  who  operates  or  con- 
ducts a  slaughter  house  where  live  stock  are  slaughtered  shall 
pay  a  license  for  each  slaughter  house  so  conducted  or  operated 
of  $100.00. 

§  97.  All  persons,  firms  or  corporations  who  operate  a  base- 
ball park  where  professional  baseball  is  played,  and  where  ad- 
mission is  charged  shall  pay  an  annual  license  of  $500.00. 

§  98.  All  persons,  fii^ms  or  corporations  operating  the  busi- 
ness of  insuring  titles  to  real  estate  shall  pay  a  license  of  $250.00 
per  year. 

§  99.  Every  shoe  shining  parlor  shall  pay  an  annual  license 
of  $6.00  for  the  first  pair  or  individual  foot  rest,  and  $3.00  for 
each  additional  pair  of  foot  rests. 

§  100.  Every  person,  fii-m  or  cori3oration  engaged  in  the 
florist  business  shall  pay  an  annual  license  of  $25.00. 

§  101.  Every  person,  firm  or  corporation  engaged  in  operat- 
ing a  moving  picture  film  exchange  shall  pay  an  annual  license 
of  $50.00. 

§  102.  The  license  for  each  auto  show  where  admission  fee 
is  charged  shall  be  $100.00  per  week  or  fraction  thereof. 


LICENSES.  369 


§  103.  Every  person,  firm  or  coriwration  engaged  in  the  busi- 
ness of  conducting  an  agency  for  the  sale  of  cash  registers,  add- 
ing or  calculating  machines  shall  pay  an  annual  license  fee  of 
$100.00. 

§  104.  Every  person,  firm  or  corporation  operating  an  estab- 
lishment where  clothes  are  received  to  be  pressed  shall  pay  an 
annual  hcense  of  $10.00. 

§  105.  Every  person,  firm  or  coi-poration  operating  an  estab- 
lishment where  hats  are  received  to  be  cleaned  or  blocked  or  re- 
blocked  shall  pay  an  annual  license  of  $10.00. 

§  106.  Every  person,  firm  or  corporation  operating  a  private 
sanitarium  shall  pay  an  annual  license  of  $50.00. 

§  107.  All  persons,  firms  or  corporations  operating  a  shop  or 
establishment  where  shoes  are  repaired  by  machinery  shall 
pay  an  annual  license  of  $7.50  for  each  repairer. 

§  308.  License  for  each  exhibition  of  wrestling  or  wrestling 
matches  shall  be  $200.00. 

§  109.  The  license  upon  street  carnivals  shall  be  as  follows: 
For  the  first  day,  $100.00;  for  the  second  day,  $75.00;  for  the 
third  day,  $50.00,  and  for  each  day  thereafter,  $35.00  per  day. 

§  110.  Every  person,  firai  or  corporation  who  operates  a  gaso- 
line filling  station  shall  pay  a  license  of  $10.00  per  year  for  each 
tank  of  gasoline  filling  apparatus. 

§  111.  Every  person,  firm  or  corporation  who  keeps  or 
operates  a  public  garage  in  which  automobiles,  motor  commer- 
cial vehicles,  trucks  or  similar  machines  driven  by  gasoline, 
steam  or  electricity,  or  any  other  motive  power,  are  kept  in 
storage  or  for  sale  or  for  hire,  shall  pay  a  license  of  $100.00  per 
year. 

§  112.  Every  optician  engaged  in  the  filling  of  prescriptions 
for  eye  glasses  or  lenses  for  spectacles  or  engaged  in  the  busi- 
ness of  testing  eyes  for  the  purpose  of  fitting  spectacles  or 
glasses  at  an  established  place  of  business  shall  pay  an  annual 
license  of  $15.00. 

§  113.  All  persons,  firms  or  coi-porations  conducting  an 
establishment  for  the  sale  and  consumption  on  the  premises 
thereof  of  non-alcoholic,  hot  or  cold  drinks,  or  ice  cream  or 
sherbets,  or  other  frozen  foods,  or  either  of  such  articles  or 
mixtures,  or  combinations  thereof,  shall  be  deemed  a  dealer  in 
soft  drinks,  and  shall  pay  an  annual  license  as  follows: 


370  LICENSES. 


Class  1.  Soft  drink  dealers  whose  g-ross  sales  amount  to 
$30,000  or  more  per  annum  shall  pay  a  license  of  $150.00  per 
year. 

Class  2.  Soft  drink  dealers  whose  gross  sales  amount  to 
more  than  S20,000  and  are  less  than  $30,000  per  annum  shall 
pay  a  license  of  $110.00  per  year. 

Class  3.  Soft  drink  dealers  whose  gross  sales  amount  to 
more  than  $15,000  and  are  less  than  $20,000  per  annum  shall 
pay  a  license  of  $80.00. 

Class  4.  Soft  drink  dealers  whose  gross  sales  amount  to 
more  than  $10,000  and  are  less  than  $15,000  per  annum  shall 
pay  a  license  of  $65.00  per  year. 

Class  5.  Soft  drink  dealers  whose  gross  sales  amount  to 
more  than  $5,000  and  are  less  than  $10,000  per  annum  shall 
pay  a  license  of  $35.00  per  year. 

Class  6.  Soft  drink  dealers  whose  gross  sales  amount  to 
more  than  $2,500  and  are  less  than  $5,000  per  annum  shall 
pay  a  license  of  $20.00  per  year. 

Class  7.  Soft  drink  dealers  whose  gross  sales  amount  to 
$1,500  and  do  not  exceed  $2,500  per  annum  shall  pay  a  license 
of  $15.00  per  year. 

Class  8.  Soft  drink  dealers  whose  gross  sales  amount  to 
$750  per  year  and  do  not  exceed  $1,500  per  annum  shall  pay  a 
license  of  $10.00  per  year. 

Class  9.  Soft  drink  dealers  whose  gross  sales  do  not  exceed 
$750  per  annum  shall  pay  a  license  of  $5.00  per  year. 

§  114.  Every  person,  firm  or  corporation  conducting  or 
operating  a  race  track  where  admission  is  charged  shall  pay  a 
license  of  $500.00  for  each  day  upon  which  same  is  operated 
for  an  admission  fee. 

§  115.  Every  person,  firm  or  corporation  maintaining  or 
operating  a  public  scale  shall  pay  an  annual  license  of  $10.00. 

§  116.  Every  person,  fimi  or  corporation  operating  an  estab- 
lishment where  clothes  are  received  to  be  dry  cleaned  or  dyed 
shall  pay  an  annual  license  of  $10.00  for  each  establishment 
maintained. 

§  117.  Every  person,  firm  or  coi'poration  operating  a  plant 
where  clothes,  gloves,  carpets,  household  furaishings  or  any 
kind  of  goods  are  received  to  be  actually  dry  cleaned  or  dyed  in 
such  plant  shall  pay  an  annual  license  of  $50.00  for  each  such 
dry  cleaning  or  dyeing  plant  maintained. 


LICENSES.  371 


§  118.  Every  person,  firm  or  corporation  engaged  as  a 
master  or  employing  plumber  shall  pay  an  annual  license  of 
$25.00.  A  master  or  employing  plumber  within  the  meaning 
of  this  act  is  any  person,  firm  or  corporation  who  hires  or  em- 
ploys a  person  or  persons  to  do  for  other  persons,  firms  or  cor- 
porations gas  fitting,  and  all  work  of  every  character  connected 
with  the  installation  or  repair  of  any  plumbing  fixtures  or  ma- 
terial connected  with  the  drainage  of  buildings  or  property,  and 
all  work  requiring  connections  with  street  sewers,  water  mains 
or  with  plumbing. 

§  119.  In  all  cases  where  the  amount  of  license  to  be  paid 
by  any  person,  firm  or  corporation  is  based  upon  or  regulated  by 
the  amount  of  sales  or,  business  done,  every  such  person,  firm 
or  corporation  shall  render  a  sworn  statement  or  report  to  the 
Treasurer  and  Secretary  of  the  Sinking  Fund,  showing  the  total 
amount  of  sales  made  or  business  done  by  them  respectfully  dur- 
ing the  year  preceding  the  date  when  such  person,  firm  or  cor- 
poration becomes  subject  to  payment  of  licenses,  and  from  such 
statement  or  report  the  Treasurer  and  Secretary  of  the  Sinking 
Fund  shall  determine  in  which  grade  the  applicant  shall  be 
placed.  In  such  cases  where  the  grade  has  been  determined  by 
the  Treasurer  and  Secretary  of  the  Sinking  Fund  the  applicant 
for  license  shall  have  the  right  within  five  days  after  such  grade 
has  been  determined  by  the  Treasurer  and  Secretary  of  the 
Sinking  Fund  to  appeal  in  writing  to  the  Commissioners  of  the 
Sinking  Fund,  and  said  Commissioners  shall  have  the  powder 
to  determine  in  which  grade  the  applicant  shall  be  placed.  Pend- 
ing final  decision  by  the  Commissioners  of  the  Sinking  Fund,  the 
applicant  shall  not  be  subject  to  any  fine  or  penalty  provided 
for  in  this  ordinance. 

If  any  applicant  has  not  been  conducting  said  business  or  fol- 
lowing a  trade,  occupant  or  profession  during  the  preceding  year, 
then  such  applicant  shall  f^^e  with  the  Treasurer  and  Secretary 
of  the  Sinking  Fund  a  sworn  statement  showing  the  estimated 
amount  of  business  which  said  applicant  intends  to  do,  or  sales 
he  expects  to  make  during  the  year  succeeding  the  date  when 
such  applicant  becomes  subject  to  payment  of  license,  and  from 
such  sworn  statement  and  other  evidence  the  Treasurer  and 
Secretary  of  the  Sinking  Fund  shall  ascertain  and  determine  the 
grade  in  which  said  applicant  shall  be  placed,  and  said  applicant 


372  LICENSES. 


shall  have  the  right  within  five  days  after  such  grade  has  been 
determined  by  the  Ti-easurer  and  Secretary  of  the  Sinking  Fund 
to  appeal  in  writing  to  the  Commissioners  of  the  Sinking  Fund 
and  said  Commissioners  shall  have  the  power  to  determine  in 
which  grade  of  applicant  shall  be  placed.  Pending  final 
decision  by  the  Commissioners  of  the  Sinking  Fund  the  applicant 
shall  not  be  subject  to  any  fine  or  penalty  provided  in  this  Ordi- 
nance. 

§  120.  In  all  cases  where  the  amount  of  license  to  be  paid 
by  any  person,  firm  or  corporation  for  operating  a  motor  vehicle 
or  commercial  truck  is  based  upon  or  determined  by  the  carry- 
ing capacity  of  such  motor  vehicle  or  commercial  truck,  the  ap- 
plicant for  such  license  shall  render  a  sworn  statement  to  the 
Treasurer  and  Secretary  of  the  Sinking  Fund  showing  the  horse- 
power or  carrying  capacity  of  such  motor  vehicle  or  commer- 
cial truck  for  which  the  license  is  desired. 

§  121.  All  licenses  shall  be  paid  for  in  advance  in  lawful 
money  of  the  United  States,  and  it  shall  be  unlawful  for  any 
person,  firm  or  corporation  to  carry  on  the  business,  follow  the 
calling,  occupation  or  profession  or  to  use  or  hold  or  exhibit  the 
articles  herein  named  in  the  city  of  Louisville  without  first  hav- 
ing paid  the  license  herein  required  for  same,  except  as  herein 
provided. 

§  122.  All  licenses  provided  for  herein,  unless  a  different 
time  for  paying  same  is  expressly  provided  for  in  this  Ordi- 
nance, shall  be  due  and  payable  upon  the  approval  of  this  Ordi- 
nance in  advance  from  the  date  any  person,  firm  or  corporation 
is  engaged  in  carrying  on  the  business  or  following  the  calling, 
occupation  or  profession,  or  using,  holding  or  exhibiting  the 
articles  herein  named  in  the  city  of  Louisville,  provided  that 
nothing  herein  shall  affect  the  validity  of  licenses  heretofore 
issued,  and  where  a  different  license  is  provided  for  herein  from 
what  has  been  formerly  fixed  by  prior  ordinances  the  person, 
firm  or  corporation  shall  not  be  required  to  paj^  the  new  license 
provided  for  herein  until  the  old  license  has  expired. 

§  123.  Every  person,  firm  or  corporation  required  to  pay  a 
license  based  upon  amount  of  sales  made  or  business  done  shall 
have  thirty  days  after  such  license  becomes  due  to  file  reports 
or  statements  showing  amount  of  sales  made  or  business  done. 


LICENSES.  373 


but  in  all  such  cases  said  licenses  when  issued  shall  be  dated 
back  to  the  time  such  licenses  became  due. 

§  124.  Any  person,  firm  or  corporation  failing  to  secure  and 
pay  for  any  license  provided  for  herein  when  said  license  be- 
comes due  shall  pay  in  addition  to  the  regular  license  a  penalty 
of  five  per  cent  per  month  on  the  amount  of  the  regular  license 
as  long  as  such  delinquency  continues,  and  shall  be  subject  to  a 
further  criminal  penalty  herein  provided  for. 

§  125.  The  agent  or  agents  of  non-resident  proprietors  shall 
be  civilly  responsible  for  the  license  tax  and  penalties  thereon 
and  criminally  responsible  for  carrying  on  the  business  in  a  like 
manner  as  if  they  were  proprietors. 

§  126.  The  fact  that  any  person,  firm  or  corporation  repre- 
senting himself  or  itself  as  engaged  in  any  business,  calling,  pro- 
fession or  occupation  for  the  transaction  of  which  a  license  is 
required,  or  that  such  person  exhibited  a  sign  or  advertisement 
indicating  such  business,  calling,  profession  or  occupation  shall 
be  conclusive  evidence  of  the  liability  of  such  person,  firm  or 
corporation  to  pay  for  a  license. 

§  127.  Any  unexpired  license,  except  those  for  retail  liquor 
license,  may  be  transferred  from  one  person,  firm,  or  corporation 
to  another  by  a  surrender  of  the  original  license  to  the  Treas- 
urer and  Secretary  of  the  Sinking  Fund,  and  an  indorsement 
made  thereon,  transferring  the  license  from  the  holder  there- 
of to  the  person,  firm  or  corporation  purchasing  the  same,  to 
w^hom  the  license  shall  be  reissued  upon  the  payment  of  five  per 
cent  of  the  original  amount  of  the  license;  provided,  however, 
that  when  the  original  license  has  been  lost  or  destroyed,  the 
person  to  whom  the  original  license  was  issued  shall  make 
affidavit  that  said  original  license  has  been  lost  or  destroyed 
and  cannot  be  produced,  and  shall  transfer  the  same  by  indorse- 
ment upon  said  affidavit,  as  above  required,  which  shall  be  filed 
with  the  Treasurer  and  Secretary. 

§  128.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  Ordinance,  where  a  definite  fine  has  not  been 
provided,  shall  be  fined  not  less  than  $5.00  nor  more  than  $100.00 
for  each  offense. 

§  129.  In  all  cases  where  a  license  fee  is  provided  for  carry- 
ing  on  any  business,  trade  or  occupation,  every  person,  firm  or 


374  LICENSES. 


corporation  shall  pay  a  separate  license  for  each  place  of  busi- 
ness maintained. 

§  130.  Should  any  section  or  part  of  any  section  or  any  pro- 
vision of  this  Ordinance  be  decided  by  the  courts  to  be  invalid 
the  decision  shall  not  affect  the  validity  of  this  Ordinance  as  a 
whole,  or  any  part  thereof  other  than  the  particular  section  or 
provision  of  the  Ordinance  so  held  to  be  invalid. 

§  131.  The  following-  Ordinances  are  hereby  repealed :  An 
Ordinance  entitled  *'An  Ordinance  providing  for  certain  licenses, 
the  fees  therefor  to  be  paid  into  the  Sinking  Fund  of  the  city 
of  Louisville,"  approved  September  17,  1908;  an  Ordinance 
entitled  "An  Ordinance  licensing  the  business  of  lending  or  ad- 
vancing money  on  chattel  mortgages  in  the  city  of  Louisville," 
approved  July  5,  1912 ;  an  Ordinance  entitled  "An  Ordinance 
licensing  the  business  of  lending  or  advancing  money  on  assign- 
ment of  salaries  or  wages  in  the  city  of  Louisville,"  approved 
July  5,  1912;  an  Ordinance  entitled  "An  Ordinance  licensing 
the  trading  stamp  business  in  the  city  of  Louisville,"  approved 
July  12,  1912;  an  Ordinance  entitled  "An  Ordinance  licensing 
trained  animal  exhibitions  in  the  city  of  Louisville,"  approved 
Septemebr  4,  1914 ;  an  Ordinance  entitled  "An  Ordinance 
licensing  the  business  of  slaughtering  animals  in  the  city  of 
Louisville,"  approved  December  4,  1914. 

§  132.  This  Ordinance  shall  take  effect  from  and  after  its 
passage.     (Approved  June  5,  1919.) 


(2)  LICENSE. 
Taxieabs. 

AN  ORDINANCE  providing  for  the  licensing  or  taxing  and  the 

operation  of  taxieabs  in  the  City  of  Louisville,  Kentucky. 
Be  it  ordained  by  the  Ge^ieral  Council  of  the  city  of  Louisville: 
§  1.  The  term  "taxicab"  as  used  herein  shall  embrace  all 
automobiles  and  other  vehicles  of  like  construction  and  operation, 
employed  in  the  carriage  of  passengers  for  hire  within  the  city  of 
Louisville;  provided,  however,  that  the  provisions  of  this  ordi- 
nance shall  not  in  any  way  affect  automobiles  operated  in  the 
nature  of  "bus"  lines  between  the  city  of  Louisville  and  Camp 


LICENSES.  375 


Zachary  Taylor,  but  shall  be  limited  in  their  application  to  motor 
vehicles  employed  in  the  straight  taxicab  service  within  the  limits 
of  the  city  of  Louisville. 

§  2,  Before  any  taxicab  shall  be  allowed  to  operate  in  the  city 
of  Louisville,  there  shall  be  procured  for  its  operation  a  license, 
for  which  there  shall  be  paid  the  city  of  Louisville  the  sum  of 
Fifty  Dollars  ($50.00)  per  annum,  and  for  each  additional  taxi- 
cab  owned  or  operated  by  the  same  person  there  shall  be  paid  an 
additional  tax  of  Ten  Dollars  ($10.00)  to  the  city  of  Louisville. 

§  3.  A  record  shall  be  kept  of  all  licenses  issued  under  this 
ordinance,  which  record  shall  give  the  name  of  the  person  to 
whom  issued,  and  at  the  time  such  license  is  issued  there  shall  be 
furnished  to  the  person  procuring  such  license  an  appropriate 
metal  plate  bearing  the  number  of  such  license ;  and  it  is  hereby 
made  the  duty  of  the  person  procuring  such  license,  or  operating 
the  taxicab  covered  by  such  license,  to  keep  prominently  displayed 
such  license  in  such  taxicab. 

§  4.  No  refund  shall  be  made  to  any  person  securing  any  taxi- 
cab  license,  any  unearned  portion  of  such  license  because  of  the 
discontinuance  of  the  operation  of  such  taxicab. 

§  5.  All  owners  or  other  persons  operating  taxicabs  in  the 
city  of  Louisville  shall  be  permitted  to  charge  the  following  maxi- 
mum rates,  and  any  charge  in  excess  of  same  shall  constitute  a 
violation  of  this  ordinance,  to-wit : 

$3.00  per  hour  for  five-passenger  car. 
$4.00  per  hour  for  seven-passenger  car. 

.50  per  person  for  passenger  from  depot  to  depot,  or  from 
depot  to  hotel,  or  from  hotel  to  hotel,  or  from  hotel 
to  depot. 
.20  per  mile  each  way  touring  rates  for  any  number  of 
passengers  up  to  capacity  of  the  car. 
§  6.     Each  driver  or  operator  in  charge  of  any  taxicab,  and 
each  agent  for  any  taxicab  or  any  taxicab  company,  while  en- 
gaged in  soliciting  for  any  taxicab  or  taxicab  company,  shall 
wear  a  uniform  cap  with  the  inscription  on  the  front  thereof,  as 
follows :  "Licensed  Taxicab." 

§  7.  Drivers  or  operators  of  taxicabs  must  not  congregate  in 
crowds  away  from  their  cars,  nor  shall  any  driver  or  operator 
of  any  such  vehicle  solicit  business  in  front  of  any  hotel  nor  in 
a  loud  or  offensive  manner  in  front  of  any  other  place. 


376  LICENSES. 


§  8.  Any  person  violating  any  provision  of  this  ordinance 
shall,  upon  conviction,  be  fined  not  less  than  Five  Dollars  ($5.00) 
nor  more  than  Fifty  Dollars  ($50.00)  for  each  offense. 

§  9.  All  ordinances,  or  parts  of  ordinances,  in  conflict  here- 
with are  hereby  repealed. 

§  10.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  July  10,  1918.) 


(3)  LICENSE. 
Chauffeurs. 


AN  ORDINANCE  imposing  a  license  for  following  the  calling 
or  occupation  of  chauffeur  for  hire,  fee,  compensation  or  re- 
ward of  any  kind,  and  regulating  said  calling. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  Each  and  every  person  who  follows  the  calling  or  occu- 
pation of  chauffeur  for  hire,  fee,  compensation  or  reward  of  any 
kind  shall  annually  pay  into  the  Sinking  Fund  of  the  city  of 
Louisville,  for  the  purposes  of  the  Sinking  Fund,  the  sum  of  $3.00 
license  tax;  and  the  Treasurer  of  said  Sinking  Fund  shall,  upon 
such  payment,  issue  to  the  person  so  paying  a  license  to  follow 
said  calling  or  occupation  and  shall  furnish  to  such  person,  free 
of  charge,  a  numbered  badge,  tag  or  button.  Each  and  every 
chauffeur  for  hire,  fee,  compensation  or  reward  of  any  kind  while 
engaged  in  his  or  her  calling  or  occupation  shall  carry  his  or  her 
license  and  shall  exhibit  the  same  whenever  requested  to  do  so 
by  a  license  inspector  or  an  assistant  license  inspector  or  a  police 
officer.  Each  and  every  chauffeur  for  hire,  fee,  compensation  or 
reward  of  any  kind,  while  engaged  in  his  or  her  calling  or  occu- 
pation, shall  wear  the  aforesaid  badge,  tag  or  button  conspicu- 
ously on  the  breast  of  his  or  her  outside  garment,  and  in  such 
a  manner  that  it  may  always  be  easily  seen  from  the  sidewalk. 
It  shall  be  unlawful  for  any  person  to  destroy,  deface  or  injure 
said  badge,  tag  or  button  in  any  manner,  or  change  the  number 
or  date  thereon.  It  shall  be  unlawful  for  any  person  to  wear 
said  badge,  tag  or  button,  unless  it  be  the  licensed  chauffeur  in 
whose  name  the  license  and  badge,  tag  or  button  were  issued.  It 
shall  be  unlawful  for  any  such  licensed  chauffeur  to  wear  any 


LICENSES.  377 


other  badge,  tag  or  button  similar  to  the  one  furnished  by  the 
Commissioners  of  the  Sinking  Fund  of  the  city  of  Louisville.  It 
shall  be  the  duty  of  each  licensed  chauffeur  on  or  before  the  date 
on  which  said  license  shall  expire  to  return  to  the  Commissioners 
of  the  Sinking  Fund  said  license  and  badge,  tag  or  button  issued 
to  him  or  her  the  preceding  year.  Should  the  button  or  tag  here 
referred  to  be  lost  or  defaced,  the  licensee  must  apply  for  and 
obtain  a  new  license  and  pay  the  fee  of  $3.00  required  by  this 
ordinance.  All  chauffeur  licenses  issued  in  accordance  herewith 
shall  expire  on  the  first  day  of  May  of  each  year,  and  any  person 
who  follows  the  calling  or  occupation  of  chauffeur  for  hire,  fee, 
compensation  or  reward  of  any  kind,  after  the  passage  and  pub- 
lication of  this  ordinance,  shall  be  charged  proportionately  for 
the  year  ending  the  first  day  of  May. 

§  2.  No  person  shall  be  entitled  to  receive  a  license  provided 
by  this  ordinance  unless  he  be  of  temperate  habits  and  good 
moral  character,  and  unless  he  be  an  experienced,  competent  and 
careful  chauffeur,  and  at  the  time  of  making  application  for  such 
license  the  applicant  shall  file  an  affidavit  or  affidavits,  signed  and 
sworn  to  by  not  less  than  three  citizens  of  the  city  of  Louisville, 
who  are  housekeepers,  showing  that  the  applicant  is  of  temper- 
ate habits  and  good  moral  character,  and  that  he  is  an  experi- 
enced, competent  and  careful  chauffeur.  Should  the  Secretary 
and  Treasurer  of  the  Sinking  Fund  of  the  city  of  Louisville  re- 
fuse to  grant  a  license  to  any  applicant,  said  applicant  shall  have 
the  right  to  appeal  to  the  Police  Court  of  the  city  of  Louisville, 
but  shall  give  at  least  five  days'  notice  of  such  appeal  to  the  Sec- 
retary and  Treasurer  of  the  Commissioners  of  the  Sinking  Fund 
of  the  city  of  Louisville. 

§  3.  Any  license  granted  in  accordance  with  this  ordinance 
may  be  revoked  by  the  Police  Court  of  said  city  of  Louisville, 
after  an  open  trial,  with  due  notice  to  the  licensee,  whenever,  in 
the  judgment  of  said  court,  the  licensee  is  not  competent,  or  has 
been  guilty  of  such  acts  in  reference  to  said  calling  or  occupation 
as  amount  to  disorderly  conduct,  or  has  violated  any  existing  law 
in  regard  to  the  operation  or  running  of  automobiles. 

§  4.  After  the  passage  of  this  ordinance  it  shall  be  unlawful 
for  any  person  to  follow  the  calling  or  occupation  of  chauffeur 
for  hire,  fee,  compensation  or  reward  of  any  kind,  unless  he  be 
eighteen  years  of  age  and  shall  have  therefore  obtained,  and  has. 


378  LICENSES. 


said  license  from  the  city  of  Louisville,  and  any  person  so  offend- 
ing or  violating  any  provision  of  this  ordinance  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not  less 
than  fifteen  ($15)  nor  more  than  one  hundred  ($100)  dollars. 

§  5.  This  ordinance  shall  not  affect  the  validity  of  any  license 
heretofore  issued  under  an  existing  ordinance. 

§  6.  The  ordinance  imposing  a  license  for  following  the  call- 
ing or  occupation  of  chauffeur  for  hire  and  regulating  same, 
which  was  approved  by  the  Mayor  of  the  city  of  Louisville  on  the 
21st  day  of  September,  1909,  is  hereby  repealed. 

§  7.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  November  8,  1909.) 


(4)   LICENSE. 

Manufacturers  and  Vendors  of  Electrical  Power, 
Ijght  and  Heat. 

AN  ORDINANCE  providing  for  license  of  persons  or  corpora- 
tions engaged  in  the  business  of  manufacturing  and  vending 
electrical  power  or  lighting  or  heat  in  the  city  of  Louisville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1,  That  each  individual,  firm  or  corporation  carrying  on 
the  business  of  manufacturing  and  selling  electricity  without 
having  a  franchise  therefor  from  the  city  of  Louisville  shall  pay 
an  annual  license  into  the  Sinking  Fund  of  the  city  of  Louisville, 
the  amount  of  said  payment  to  be  one  dollar  per  "Kilowatt"  up 
to  and  including  two  hundred  (200)  "Kilowatts,"  and  twenty- 
five  (25)  cents  for  each  additional  "Kilowatt"  of  the  manufac- 
turing capacity  of  the  machine  or  machines  so  used,  the  same 
to  be  determined  by  the  manufacturer's  stamp  thereon ;  and  each 
individual,  firm  or  corporation  selling  steam  heat  from  such  plant 
shall  pay  into  the  Sinking  Fund  of  the  city  of  Louisville  an  addi- 
tional annual  license  of  twenty-five  per  cent  (25  per  cent)  of  the 
amount  of  the  tax  above  required.  The  license  tax  required  by 
this  section  shall  be  in  addition  to  the  ad  valorem  assessment. 

§  2.  The  application  for  said  license  shall  be  made  to  and 
the  same  issued  by  the  Commissioners  of  the  Sinking  Fund 
of  the  city  of  Louisville,  and  shall  not  run  for  a  longer  period 


LICENSES.  379 


than  one  year.  Each  license  issued  thereunder  shall  be  made 
to  expire  on  the  30th  day  of  April  next  after  its  date.  Each 
individual,  firm  or  corporation  required  by  the  provisions  of 
this  ordinance  to  procure  a  license,  shall  apply  for  the  same  on 
or  before  May  1,  1906,  and  said  license  shall  run  for  one  year 
from  said  date. 

§  3.  Any  individual,  firm  or  corporation  proposing  to  com- 
mence business  after  the  1st  day  of  May  of  any  year,  may  be 
granted  a  license  until  the  next  succeeding  1st  day  of  May  there- 
after upon  the  payment  of  such  proportion  of  said  license  fee  re- 
quired as  aforesaid,  as  the  time  said  license  has  to  run  bears  to 
one  year. 

§  4.  Whenever  any  such  individual,  firm  or  corporation  de- 
sires to  transmit  or  convey  electricity  or  heat,  or  both,  through, 
across  or  along  any  designated  street,  alley  or  other  pubHc  way 
in  the  city  of  Louisville,  such  individual,  firm  or  corporation,  be- 
fore applying  for  license  hereinbefore  mentioned,  shall  first  apply 
to  the  Board  of  Public  Works  of  the  city  of  Louisville  for  a  per- 
mit to  so  transmit  or  convey  electricity,  or  heat,  or  both,  through, 
across  or  along  such  designated  highway,  and  said  Board  of  Pub- 
lic Works  may,  in  its  discretion,  grant  such  permit  upon  the  con- 
dition that  the  wires,  pipes  and  other  appliances  to  transmit  or 
convey  such  electricity  and  heat  shall  be  placed  underground 
under  the  supervision  and  in  accordance  with  the  plans  and  speci- 
fications furnished  by  said  Board,  and  without  any  expense  what- 
ever to  the  city,  and  that  the  surface  of  such  street,  alley  or 
other  public  way  shall  be  restored  at  the  cost  of  the  applicant 
to  its  original  condition;  and  said  permit  shall  be  upon  the  con- 
dition that  the  appelicant  shall  indemnify  and  save  harmless  the 
city  of  Louisville  from  any  damage  to  any  person  or  property 
arising  out  of  the  construction,  maintenance  or  operation  of  the 
plant,  wires,  pipes  or  appliances  of  said  applicant,  and  that  he 
will  defend  all  suits  filed  and  pay  all  judgments  against  the  city 
for  such  damages.  Such  permit  shall  be  exhibited  to  the  Commis- 
sioners of  the  Sinking  Fund  in  the  city  of  Louisville  at  the  time 
the  license  is  applied  for  and  before  the  same  can  be  issued. 

§  5.  Each  and  every  individual,  firm  or  corporation,  com- 
ing within  the  provisions  of  Section  1  of  this  ordinance  shall, 
within  ninety  (90)  days  after  the  passage  of  this  ordinance, 
provide  and  use  the  necessary  and  proper  machinery  and  ap- 


380  LICENSES. 


pliances  to  prevent  the  emission  of  soot  or  dense  smoke  from 
any  chimney  or  smokestack  of  the  plant  or  buildings  used  in  the 
operation  of,  or  in  connection  with  the  manufacture  and  distri- 
bution of  heat  or  electricity;  and  each  individual,  firm  or  cor- 
poration applying  for  a  permit  from  the  Board  of  Public  Works 
or  a  license  from  the  Commissioners  of  the  Sinking  Fund  of  the 
city  of  Louisville,  shall  be  deemed  to  have  consented  to  the  pro- 
visions of  this  section  and  the  enforcement  thereof  as  herein- 
after provided. 

§  6.  Whenever  any  individual,  firm  or  corporation  to  whom 
a  license  has  been  issued  under  the  foregoing  provisions  of  this 
ordinance  desires  to  transmit  or  convey  electricity  or  heat,  or 
both,  through,  across  or  along  any  street,  alley  or  other  public 
way,  for  which  no  permit  has  been  issued,  such  individual,  firm 
or  corporation  may  apply  to  the  Board  of  Public  Works  for  such 
permit,  which  said  board  may  grant  upon  the  same  terms  and 
conditions  as  required  for  permits  under  Section  4  of  this 
ordinance. 

§  7.  In  addition  to  the  provisions  herein  contained  all  the 
provisions  and  conditions  of  any  general  law  or  ordinance  now 
in  force  or  which  may  hereafter  be  enacted  directing,  authorizing 
or  regulating  the  placing  and  maintaining,  either  existing  or 
future  Electric  Light  or  Power  wires,  or  any  other  wires 
of  high  or  low  tension,  underground,  whether  said  law  or 
ordinance  applies  to  the  entire  city  or  to  only  a  part  or  parts 
thereof,  or  to  those  operating  under  a  franchise  or  otherwise, 
shall  be  and  are  hereby  made  a  part  of  this  ordinance. 

§  8.  Any  individual,  firm  or  corporation  who  violates  any  of 
the  provisions  of  this  ordinance  shall  be  fined  not  less  than  ten 
($10)  nor  more  than  one  hundred  ($100)  dollars  for  each  offense, 
and  each  day  such  individual,  firm  or  corporation  carries  on  said 
business  without  having  first  obtained  said  license  or  without  the 
necessary  machinery  and  appliances  required  in  Section  5  of  this 
ordinance  shall  be  deemed  a  separate  offense. 

§  9.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage and  publication.     (Approved  June  26,  1906.) 


NOTE— The  Court  of  Appeals  passed  upon  the  validity  of  this  ordinance 
in  the  case  of  Hilliard  v.  Fetter  Lighting  d-  Heating  Company,  127  Ky.  95, 
and  held  that  municipal  authorUics  can  not  grant  a  franchise  or  privilege  for 
a  use  intended  to  be  permanent,  except  in  the  manner  pointed  out  in  Sec. 
164  of  the  Constitution,  and  this  section  can  not  be  evaded  or  its  purposes 
nullified  by  making  the  grant  for  an  indefinite  period  or  for  less  than  a  term 
of  years  or  by  any  other  scheme  or  device. 


LICENSES.  381 


(5)    LICENSE. 

On  Motor  Cycles. 

AN  ORDINANCE  imposing  a  license  upon  motor  cycles  used 

in  the  city  of  Louisville,  and  regulating  the  same. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  Every  person,  firm  or  corporation  using,  running  or 
operating  a  motor  cycle  upon  the  streets,  alleys  or  ways  of  the 
city  of  Louisville  shall  pay  into  the  Sinking  Fund  of  the  city  of 
Louisville  for  Sinking  Fund  purposes  a  license  of  two  dollars 
($2)  per  year. 

§  2.  There  shall  be  provided  by  the  Commissioners  of  the 
Sinking  Fund,  without  cost  to  the  licensee  of  every  motor  cycle 
run  or  used  on  any  of  the  streets,  alleys  or  ways  of  the  city  of 
Louisville,  numbers  which  shall  be  displayed  on  the  rear  mud 
guard  of  said  motor  cycle  five  inches  above  the  end  of  said  mud 
guard,  in  such  manner  as  to  be  plainly  visible  from  sidewalk. 
The  numbers  to  be  in  Arabic  numerals  each  1%  inches  in  height, 
and  each  stroke  to  be  of  the  width  of  l^  of  one  inch.  Also  the 
letters  Lou.,  Ky.,  and  date  of  expiration  to  follow  said  numbers 
in  vertical  position.  Said  numbers  and  letters  to  be  cast  or  paint- 
ed on  a  white,  blue  or  red  enamel  plate  six  inches  in  length  and 
three  inches  in  height.  No  motor  cycle  shall  be  driven  or  oper- 
ated on  the  streets,  alleys  or  ways  of  said  city  without  having 
conspicuously  placed  thereon  the  numbers  issued  to  the  licensee 
as  aforesaid,  and  attached  as  herein  provided,  and  no  owner  or 
owners  of  any  motor  cycle  should  be  permitted  to  use  any  other 
number  plate  than  that  furnished  by  the  Commissioners  of  the 
Sinking  Fund. 

The  Commissioners  of  the  Sinking  Fund  shall  keep  a  record 
of  every  number  issued  as  aforesaid,  together  with  the  name  and 
address  of  each  licensee. 

§  3.  Every  motor  cycle  when  in  use  upon  any  of  the  streets, 
alleys  or  ways  of  the  city  of  Louisville  from  one  hour  after  sun- 
set to  one  hour  before  sunrise  shall  have  and  keep  lighted  one  or 
more  lamps  or  lanterns  attached  to  said  motor  cycle  showing  a 
white  light  visible  for  a  reasonable  distance  in  the  direction  in 
which  said  motor  cycle  is  proceeding.  Said  light  or  lights  to  be 
so  placed  as  to  be  free  from  obstruction  from  other  parts  of  said 
motor  cycle. 


382  LICENSES. 


§  4.  Every  motor  cycle  driven  or  operated  upon  any  of  the 
streets,  alleys  or  ways  of  the  city  of  Louisville  shall  be  equipped 
and  supplied  with  an  alarm  bell,  gong  or  horn. 

§  5.  It  shall  be  unlawful  for  anyone  to  tamper  with  any 
motor  cycle  while  the  same  is  standing  upon  any  of  the  streets, 
alleys  or  ways  of  the  city  of  Louisville  unattended  by  the  person 
driving,  using  or  operating  the  same. 

§  6.  It  shall  be  unlawful  for  any  person  to  destroy,  deface, 
injure,  paint  or  cover  over  said  plate  numbers  or  change  the 
number  or  date  thereon  or  to  use  said  number  plate  on  any  other 
motor  cycle  than  the  one  for  which  same  was  issued. 

§  7.  It  shall  be  the  duty  of  the  owner  of  each  licensed  motor 
cycle  on  or  before  the  date  on  which  said  license  shall  expire,  to 
return  to  the  Sinking  Fund  Commissioners  the  number  plate 
used  upon  such  motor  cycle  the  preceding  year,  and  the  Sinking 
Fund  Commission  shall,  when  the  license  is  paid,  furnish  a  num- 
ber plate  for  the  current  year  free  of  charge.  But  if  the  old 
number  plate  shall  be  lost,  or  defaced,  the  Sinking  Fund  Commis- 
sioners shall  charge  for  each  new  number  plate  furnished  by  it 
the  sum  of  twenty-five  cents  in  addition  to  the  sum  above  men- 
tioned for  license. 

§  8.  All  motor  cycle  licenses  issued  in  accordance  herewith 
shall  expire  on  the  first  day  of  May  each  year.  Any  person  using 
or  running  a  motor  cycle  after  the  passage  and  publication  of 
this  ordinance  shall  be  charged  proportionately  for  the  year  end- 
ing the  first  day  of  May, 

§  9.  If  any  motor  cycles  shall  be  run  or  used  within  said 
city  without  being  licensed  so  to  be  run,  the  owner,  agent  or 
driver  shall  for  each  day  such  motor  cycle  is  run  without  license, 
be  fined  not  less  than  ($10)  or  more  than  fifty  ($50)  dollars. 

§  10.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  subject  to  a  fine  of  not  less 
than  ten  ($10)  dollars  nor  more  than  fifty  ($50)  dollars. 

§  11.  This  ordinance  shall  not  affect  the  validity  of  any  ordi- 
nance heretofore  passed  on  the  subject  of  licenses,  nor  be  con- 
strued as  an  amendment  to  any  such  ordinance. 

§  12.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage and  publication.     (Approved  January  11,  1911.) 


LICENSES.  383 


(6)  LICENSE.* 
Retailing  Liquor  (1918). 

AN  ORDINANCE  imposing  a  license  for  retailing  liquor  and 
regulating  the  same  and  designating  the  purposes  for  which 
the  tax  is  to  be  applied. 
Be  it  ordained  by  the  General  Council  of -the  city  of  Louisville: 

§  1.  Every  individual,  firm  or  corporation  who  sells  liquor 
by  retail  in  the  city  of  Louisville  shall  pay  in  advance  into  the 
sinking  fund  of  the  city  of  Louisville  for  sinking  fund  purposes 
an  annual  license  fee  of  one  thousand  dollars,  to  be  applied  by 
the  Commissioners  of  the  Sinking  Fund  of  the  city  of  Louisville 
as  follows,  namely: 

The  first  three  hundred  and  twenty-five  thousand  dollars  of 
the  sums  annually  collected  from  said  license  tax  shall  be  for 
the  use  of  and  credited  pro  rata  to  the  sinking  fund  required  to 
provide  for  the  payment  of  the  principal  and  interest  of  the 
following  bonds  issued  under  ordinances  of  the  city  of  Louis- 
ville, namely: 

Those  issued  under  an  ordinance  approved  June  25,  1897,  and 
known  as  the  second  issue  of  refunding  bonds;  those  issued 
under  an  ordinance  approved  March  21,  1900,  and  known  as  the 
third  issue  of  refunding  bonds;  those  issued  under  an  ordinance 
approved  February  2,  1901,  and  known  as  the  fourth,  fifth  and 
sixth  issues  of  refunding  bonds ;  those  issued  under  an  ordinance 
approved  August  8,  1902,  and  known  as  the  seventh  issue  of 
refunding  bonds;  those  issued  under  an  ordinance  approved 
March  6,  1903,  and  known  as  the  eighth  and  ninth  issues  of  re- 
funding bonds;  those  issued  under  an  ordinance  approved 
October  17,  1900,  and  known  as  the  sewer  and  park  bonds; 
those  issued  under  an  ordinance  approved  October  2,  1906,  and 
known  as  sewer  bonds;  those  issued  under  an  ordinance  ap- 
proved May  10,  1910,  and  known  as  the  tenth  issue  of  refunding 
bonds;  those  issued  under  an  ordinance  approved  June  5,  1911, 
and  known  as  the  eleventh  issue  of  refunding  bonds;  those 
issued  under  an  ordinance  approved  October  8,  1910,  and  known 
as  hospital  bonds;  those  issued  under  an  ordinance  approved 
August  8,  1913,  and  known  as  school  improvement  bonds,  dated 
April  1,  1914. 


*For  prior  years  see  previous  compilations. 


384  LICENSES. 


After  applying  said  sum  of  three  hundred  and  twenty-five 
thousand  dollars  aforesaid,  the  remainder  of  the  sums  so  col- 
lected upon  said  licenses  shall  be  for  the  use  of  and  applied  by 
the  Commissioners  of  the  Sinking  Fund  of  the  city  of  Louisville 
to  general  sinking  fund  purposes. 

§  2.  All  liquor  licenses  issued  hereunder  shall  expire  the  first 
Monday  of  the  next  succeeding  August.  Persons  proposing  to 
begin  retailing  liquor  after  the  first  Monday  in  August  of  any 
year  may  be  granted  a  license  until  the  next  succeeding  first 
Monday  in  August  upon  the  payment  of  such  proportions  of  the 
sum  of  one  thousand  dollars  as  the  time  said  license  has  to  run 
bears  to  one  year. 

§  3.  A  license  to  retail  liquor  may  be  issued  to  any  individual, 
firm  or  corporation  engaged  in  the  business  of  a  druggist  or 
apothecary,  but  no  druggist  or  apothecary  shall  sell  or  keep  for 
sale  any  liquor  without  first  having  obtained  the  license  required 
in  this  ordinance,  except  as  hereinafter  provided. 

Any  druggist  or  apothecary  may  without  such  license  sell  un- 
mixed alcohol,  or  may  sell  admixtures  of  wine,  alcohol,  spiritu- 
ous or  brewed  liquors  in  prepared  medicines,  or  may  sell  liquors 
upon  the  written  prescription  of  a  regular  practicing  physician, 
but  whenever  any  druggist  or  apothecary  so  sells  upon  the  pre- 
scription of  a  practicing  physician  he  must  require  a  separate 
written  prescription  for  each  sale  of  liquor  so  made.  The  writ- 
ten prescription  referred  to  herein  shall  be  kept  on  a  separate 
file,  and  subject  to  examination  at  any  time  during  the  business 
hours  of  any  representative  of  the  sinking  fund  or  license  board. 
But  it  shall  be  unlawful  for  any  druggist  or  apothecary  by  giv- 
ing away  any  liquor,  or  by  any  subterfuge  or  device,  to  evade 
the  provisions  of  this  ordinance. 

§  4.  The  certificate  of  "liquor  license"  shall  be  kept  hung  upi 
in  some  conspicuous  place  in  the  room  where  liquors  are  sold, 
at  all  times  plainly  exposed  to  public  view.  Every  license  shall 
specify  by  name  the  person,  firm  or  corporation  to  whom  or  to 
which  it  shall  be  issued,  and  shall  designate  the  particular  place 
at  which  the  business  shall  be  carried  on. 

§  5.  Any  individual,  firm  or  corporation  who  violates  any 
provision  of  this  ordinance  shall  be  fined  not  less  than  fifty  nor 
more  than  one  hundred  dollars.   Each  sale  of  liquor  without  the 


LICENSES.  385 


license  herein  required  and  each  act  in  violation  of  any  other 
provision  of  this  ordinance  shall  be  considered  a  separate  offense 
and  punished  accordingly. 

§  6.  This  ordinance  shall  not  affect  the  validity  of  any  license 
heretofore  issued  under  existing  ordinances. 

§.7.     All  ordinances  in  conflict  herewith  are  hereby  repealed. 

§  8.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage and  publication.     (App7^oved  July  12,  1918.) 


(7)   LICENSE. 
Retailing  Liquor,  Limiting  Number  of  Licenses. 

AN  ORDINANCE  regulating  the  granting  of  licenses  for  the 
retailing  of  spirituous,  vinous  and  malt  liquors  in  the  city  of 
Louisville. 

Be  it  ordained  by  the  Genei'al  Council  of  the  city  of  Louisville: 

.  §  1.  No  license  shall  be  granted  to  any  person,  firm  or  cor- 
poration for  the  retailing  of  spirituous,  vinous  or  malt  liquors  in 
the  city  of  Louisville  until  and  unless  it  shall  appear  that  at  the 
time  of  the  application  therefor  such  licenses  heretofore  issued 
do  not  exceed  in  number  one  to  every  five  hundred  inhabitants 
of  the  city  of  Louisville,  according  to  the  last  United  States  cen- 
sus; provided,  that  no  person,  firm  or  corporation  now  holding 
a  license  to  retail  such  liquors  in  the  city  of  Louisville  or  holding 
a  license  to  retail  such  liquors  in  any  portion  of  the  county  of 
Jefferson  at  the  time  such  portion  may  be  annexed  to,  or  included 
in,  the  corporate  limits  of  the  city  of  Louisville,  shall  be  refused 
a  license  by  reason  of  the  provisions  of  this  ordinance  if  he  would 
otherwise  be  entitled  to  a  renewal  or  reissuance  of  such  license 
upon  the  expiration  thereof. 

§  2.  Nothing  herein,  however,  shall  prevent  the  transfer  of 
such  license  by  any  person,  firm  or  corporation  holding  same  as 
now  provided  by  law. 

§  3.  This  ordinance  shall  take  effect  from  and  after  the  first 
day  of  July,  1913.  (Approved  May  8,  1913.)  (See  also  Chili 
Parlors.) 


386  LIVE  STOCK. 


(8)   LICENSE. 

Requirement;!:  for  Physicians  and  Dentists. 

AN  ORDINANCE  defining  the  quahfication  of  physicians,  sur- 
geons and  dentists. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  no  license  shall  toe  issued  by  the  Sinking  Fund  of 
the  city  of  Louisville  to  any  one  claiming  to  be  a  physician  or 
surgeon  until  he  produces  for  the  inspection  of  the  Secretary  and 
Treasurer  of  the  Commissioners  of  the  Sinking  Fund  a  certifi- 
cate from  the  State  Board  of  Health  showing  his  legal  right  to 
practice  his  profession  ^s  required  by  Section  2613  of  the  Ken- 
tucky Statutes. 

§  2.  That  no  license  shall  be  issued  by  the  Sinking  Fund 
of  the  city  of  Louisville  to  any  one  claiming  to  be  a  dentist  until 
he  produces  to  the  Secretary  and  Treasurer  of  the  Commissioners 
of  the  Sinking  Fund  a  diploma  received  by  him  from  the  faculty 
of  a  dental  college,  duly  authorized  by  the  laws  of  this  State,  or 
some  other  of  the  United  States,  or  foreign  country,  and  a  certifi- 
cate of  qualification  issued  by  the  Kentucky  State  Board  of  Dental 
Examiners,  as  required  by  Section  2636  of  the  Kentucky  Stat- 
utes, approved  March  17,  1904. 

§  3.  That  all  ordinances  or  parts  of  ordinances  in  conflict 
with  this  ordinance  are  hereby  repealed. 

§  4.  That  this  ordinance  shall  take  effect  from  its  passage. 
{Approved  March  14,  1907.)  (See  also,  as  to  duties,  Births; 
Burial  of  the  Dead;  Diseases;  (1)  Right  of  Way.) 


LIVE  STOCK. 

Watering  and  Feeding. 

AN  ORDINANCE  fixing  an  adequate  water  supply  for  livestock. 

Be  it  ordai7ied  by  the  Genei-al  Council  of  the  city  of  Louisville: 

First — That  every  corporation,  firm  or  individual  in  the  city 
of  Louisville  whose  business  and  function  it  is  to  receive,  buy, 
sell,  handle,  deal  or  trade  in  livestock  while  contained  in  the 
pens  of  any  public  stockyards  or  pens,  shall  have  before  said 
stock  an  adequate  supply  of  fresh  water  at  all  times  between  the 


LOITERING.  387 


hours  of  10  a.  m.  and  12  m.  of  each  and  every  day,  and  all 
stock  that  may  arrive  or  are  in  any  of  said  yards  or  pens  after 
12  m.  shall  be  watered  before  6  p,  m.  This  provision  shall  apply 
to  any  and  all  days  between  March  31  and  November  15  of  each 
and  every  year. 

Second — That  beginning  with  November  15  and  ending  with 
March  31  of  each  and  every  year  all  livestock  arriving  before 
12  m.  shall  have  before  them  an  adequate  supply  of  water. 

Third — That  cattle  carried  over  from  day  to  day  by  anyone 
shall  be  watered  and  fed  each  day  while  confined  in  any  pens. 

Fourth — And  that  any  failure  to  so  provide  such  water  or 
feed  shall  constitute  a  misdemeanor,  and  on  conviction  thereof 
the  offender  shall  be  fined  not  less  than  ten  ($10)  dollars  nor 
more  than  fifty  ($50)  dollars  for  each  separate  offense,  and  each 
day  wherein  there  is  a  failure  to  so  provide  shall  constitute  a 
separate  offense.  (Approved  May  22,  1913.)  (See  also  Stock 
Lmu;   (1)  Animals.) 


LOITERING. 


AN  ORDINANCE   making  it  unlawful  to  loiter,  defining  the 
offense  of  "Loitering,"  and  prescribing  a  penalty  therefor. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  It  shall  be  unlawful  for  any  person  or  persons,  without 
visible  means  of  support,  or  who  cannot  give  a  satisfactory  ac- 
count of  himself,  herself,  or  themselves,  to  loaf,  congregate, 
or  loiter  upon,  along,  in  or  through  the  public  streets,  thorough- 
fares, or  highways  of  the  city  of  Louisville;  or  for  such  person 
or  persons  to  sleep,  lie,  loaf  or  trespass  in  or  about  any  premises, 
building,  or  other  structure  in  the  city  of  Louisville,  without  first 
having  obtained  the  consent  of  the  owner  or  controller  of  said 
premises,  structure,  or  building ;  or  for  such  person  or  persons  to 
sleep  or  lie  in  or  upon  any  public  thoroughfare,  highway,  park, 
boulevard,  or  wharf  of  the  city  of  Louisville ;  or  for  such  person 
or  persons  to  beg  or  solicit  alms  in  the  streets  or  the  highwaj'^s  of 
the  city  of  Louisville ;  or  for  such  person  or  persons  to  habitually 
consort  with  bawds,  thieves,  malefactors,  or  other  disreputable 
or  dangerous  characters  in  the  city  of  Louisville. 


388  MARKETS. 


§  2.  Any  person  violating  this  ordinance  shall  be  guilty  of 
the  offense  of  loitering,  and  shall  be  liable  to  arrest  therefor; 
and  for  each  offense  shall  be  punished  by  a  fine  of  not  exceeding 
fifty  dollars  ($50),  or  he  shall  be  compelled  to  give  bond  in  the 
sum  of  not  less  than  one  hundred  dollars  ($100)  nor  more  than 
one  thousand  dollars  ($1,000),  conditioned  upon  his  or  her  good 
behavior,  and  keeping  the  peace  for  not  exceeding  one  year ;  and 
in  default  of  such  bond,  if  the  same  be  required,  the  defendant 
shall  be  imprisoned  in  the  workhouse,  and  there  confined  during 
the  period  said  bond  was  to  cover,  or  until  the  same  shall  be  exe- 
cuted as  required;  or  the  defendant  may  be  both  so  fined  and 
required  to  execute  a  bond  to  be  of  good  behavior  as  aforesaid, 
in  the  discretion  of  the  court. 

§  3.  All  ordinances,  or  parts  of  ordinances,  in  conflict  here- 
with are  heretoy  repealed. 

§  4.     This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage and  publication.     {Approved  September  23,  1907.) 
(See  also  Begging  Alms;  Trespassing.) 


(1)   MARKET. 

The  Second  Street  Market. 

AN  ORDINANCE  establishing  public  market  on  west  side  of 
Second  street,  between  Market  and  Jefferson,  and  on  both 
sides  of  Jefferson  from  Second  to  Brook  street,  and  on  west 
side  of  Brook  street  from  Jefferson  to  Green  street,  and 
on  the  south  side  of  Jefferson  street  from  Brook  street  to 
Floyd  street. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  with  the  consent  of  the  occupants  of  the  abutting 
property  all  of  the  space  on  the  west  side  of  Second  street  from 
Market  to  Jefferson  street  and  on  both  sides  of  Jefferson  street 
from  Second  to  Brook  street  and  on  the  west  side  of  Brook 
street  from  Jefferson  to  Green  street  and  on  the  south  side  of 
Jefferson  street  from  Brook  street  to  Floyd  street  be  used  as  a 
public  market  place  to  be  known  as  "The  Second  Street  Market." 


MARKETS.  389 


§  2.  That  hucksters  and  other  vendors  of  fruit,  vegetables 
and  other  products  may  use  three  (3)  feet  on  the  sidewalk 
nearest  the  curb  in  said  market  space  for  the  purpose  of  vend- 
ing their  fruit  and  vegetables  and  other  products  and  shall  be 
required  to  keep  that  space  opposite  them  on  the  inner  side 
of  the  sidewalk  and  the  gutter  on  the  outer  side  of  the  curb 
clean  and  free  from  decayed  fruits  and  vegetables  and  all  kinds 
of  filth  and  shall  not  obstruct  said  sidewalk  in  any  manner  be- 
tween the  said  space  so  allotted  for  said  vending  and  the  inner 
part  of  said  sidewalk. 

§  3.  That  gardeners,  fruit  raisers  and  other  persons  bring- 
ing fruit,  vegetables  and  other  products  to  said  market  for  sale 
may  keep  their  vehicles  on  the  side  of  said  streets  near  the  curb 
next  to  the  said  public  market,  and  shall  not  occupy  more  than 
fifteen  (15)  feet  of  the  street  nearest  the  curb  or  keep  any  wagon 
or  wagons  standing  on  said  space  allotted  to  them  at  any  time  ex- 
cept from  9  o'clock  p.  m.  to  10  o'clock  a.  m.,  providing  that  on 
Saturday  they  may  remain  all  day,  and  no  wagon  or  other  vehicle 
coming  into  said  space  for  the  sale  of  fruits,  vegetables  or  otiier 
products  shall  stand  in  said  space  with  horse  or  other  beasts  at- 
tached to  them,  but  the  owner,  driver  or  other  person  in  charge 
of  each  vehicle  shall  immediately  upon  entering  said  space  detach 
the  horse  or  beast  pulling  the  same  therefrom,  back  the  rear 
part  of  such  vehicle  against  the  curb  and  elevate  the  tongues  or 
shafts  and  at  night  shall  keep  a  red  light  on  said  tongues  or 
shafts. 

§  4.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  fined  not  less  than  five  ($5.00)  dollars  nor  more  than 
twenty  ($20,00)  dollars  for  each  offense,  and  the  additional  sum 
of  ten  ($10.00)  dollars  for  each  six  (6)  hours  he  or  she  shall 
continue  any  obstruction  in  or  upon  said  streets  or  sidewalks 
in  violation  of  the  foregoing  provisions  of  this  ordinance. 

§  5.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  April  6,  1911.) 

(See  also  Meats;  Food  Adulteration;  Public  Ways.) 


390  MARKETS. 


(2)  MARKET. 

The  Public  Market  Place. 

AN  ORDINANCE  establishing  and  regulating  a  "Public  Market 

Place"  in  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  with  the  consent  of  the  occupants  of  the  abutting 
property  on  the  east  side  of  Floyd  street,  bounded  on  the  north 
by  Main  street  and  on  the  south  by  Green  street,  on  the  north 
side  of  Jefferson  street,  bounded  on  the  west  by  Floyd  street,  and 
on  the  east  by  Hancock  street,  may  be  used  as  a  public  market 
place,  to  be  known  as  "The  Public  Market  Place." 

§  2.  The  farmers,  gardeners,  raisers  of  fruit,  vegetables 
and  other  products,  may  use  three  feet  of  the  sidewalk  nearest 
the  curb  in  said  market  space  for  the  purpose  of  vending  their 
fruits,  vegetables  and  other  products,  and  shall  be  required  to 
keep  the  gutters  clean  and  free  from  decayed  fruits  and  vege- 
tables and  all  kinds  of  filth,  and  shall  not  obstruct  said  sidewalks 
in  any  manner  between  the  said  space  so  allotted  for  said  vending 
and  the  inner  part  of  said  sidewalk. 

§  3.  The  gardeners,  fruit  raisers  and  farmers  bringing 
fruits,  vegetables,  and  other  products  to  said  market  for  sale, 
with  the  consent  of  the  occupant  of  the  abutting  property,  may 
keep  their  vehicles  on  the  side  of  the  street  nearest  the  curb  next 
to  said  public  market  space,  for  the  purpose  of  vending  their 
products,  and  shall  not  occupy  more  than  twelve  feet  of  the  street 
nearest  to  the  curb,  nor  keep  any  wagon  standing  on  said  space 
allotted  to  them  at  any  time  except  from  6  o'clock  p.  m.  to  10 
o'clock  a.  m.  and  no  wagon  or  other  vehicle  coming  into  said 
space  for  the  sale  of  fruits,  vegetables  or  other  products  shall 
stand  in  said  space  with  the  horses  or  other  beasts  attached 
thereto ;  but  the  owner,  driver,  or  other  person  in  charge  of  such 
vehicle  shall  immediately,  upon  entering  such  space,  detach  the 
horse  or  beast  pulling  the  same  therefrom,  back  the  rear  part  of 
such  vehicle  against  the  curb,  and  elevate  the  shaft  or  tongue 
with  a  lantern  displayed  on  same  at  night. 

§  4.  It  shall  be  unlawful  for  any  person  to  occupy  any  of 
said  space  in  said  "Public  Market  Place"  except  actual  and  known 
farmers,  gardeners,  and  fruit  raisers,  who  shall  be  the  actual 


MARKETS.  391 


producers,  each  from  his  or  her  farm  or  garden,  of  the  products 
exposed  for  sale. 

§  5.  Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance shall  be  fined  not  less  than  five  dollars  ($5)  nor  more  than 
twenty  dollars  ($20)  for  each  offense  and  the  additional  sum  of 
ten  dollars  ($10)  for  each  six  hours  he  or  she  shall  continue  any 
obstruction  in  or  upon  said  street  or  sidewalk  in  violation  of  the 
foregoing  provisions  of  this  ordinance, 

§  6.  All  ordinances  and  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

§  7.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  July  10,  1905.) 

(See  also  Meats;  Food  Adulteration;  Public  Ways;  Use  and 
Protection.) 


(3)   MARKET. 

Protection  of  Vegetables,  etc.,  for  Sale. 

AN  ORDINANCE  providing  for  the  protection  of  vegetables, 

fruits  and  berries. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  No  fruits,  berries  or  vegetables  ordinarily  eaten  with- 
out cooking,  shall  be  kept,  offered  for  sale  or  given  away  at  any 
place  or  transported  within  the  city  of  Louisville  unless  so  cov- 
ered, screened  or  otherwise  protected  from  insects,  contact  with 
animals  and  handling  by  the  public.  The  placing  of  mosquito 
netting  or  similar  material  in  direct  contact  with  such  fruits, 
berries  or  vegetables  shall  not  be  considered  covering,  screening 
or  protection  within  the  meaning  of  this  ordinance. 

§  2.  Any  person  or  persons  violating  or  assisting  in  the  vio- 
lation of  this  ordinance  shall,  upon  conviction,  be  fined  not  less 
than  five  ($5)  dollars  or  more  than  fifty  ($50)  dollars,  and  each 
day's  continuance  of  the  condition  shall  constitute  a  separate 
offense. 

§  3.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  4.  This  ordinance  shall  take  effect  upon  its  passage.  (Ap- 
proved October  6,  1917.) 


392  MARRIAGES — MAYOR. 


MARRIAGES. 

To  Be  Reported  to  the  Health  Officer. 

AN  ORDINANCE  concerning  the  report  of  marriages  in  the 

city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  the  duty  of  every  clergyman,  magis- 
trate, or  other  person  who  shall  be  authorized  to  perform  any 
marriage  ceremony  within  the  city  of  Louisville,  to  report  each 
marriage  solemnized  by  him  to  the  Health  Officer  for  the  use  of 
the  Board  of  Public  Safety,  within  three  days  thereafter,  giving 
the  full  name,  age,  color,  occupation,  birthplace,  county  and 
State,  and  legal  residence  of  each  person  married,  as  far  as  he 
knows,  or  is  able  to  ascertain  such  facts. 

§  2.  Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance shall  be  fined  not  less  than  five  dollars  ($5)  nor  more  than 
twenty  dollars  ($20)  for  each  offense. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  April  19,  1898.) 


MAYOR.* 

Providing-  for  Assistant  Secretary. 

AN  ORDINANCE  creating  the  oflftce  of  assistant  secretary  of 
the  Mayor,  fixing  the  compensation  of  such  office,  and  abolish- 
ing the  office  of  stenographer  and  typewriter  for  the  Mayor's 
office. 
Be  it  07'dained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  the  office  of  assistant  secretary  of  the  Mayor  be 
and  the  same  is  hereby  created,  and  the  compensation  of  such 
oflSicer  shall  be  eighty-five   ($85)   dollars  per  month,  payable  as 
the  salaries-  of  other  city  officers  are  now  paid.     He  shall  be 
appointed  by  the  Mayor  and  hold  his  office  at  the  pleasure  of  the 
Mayor. 

§  2.  It  shall  be  the  duty  of  such  assistant  secretary  to  do 
all  stenographic  work  and  typewriting  in  the  Mayor's  office  and 
to  perform  such  other  duties  as  the  Mayor  or  the  Mayor's  sec- 
retary require. 


*For  Mayor  and  Mayoi  's  Secretary  see  Sscs.  2784,  2792  and  2800  Ky.  St. 


MAYOR.  393 


§  3.  That  an  ordinance  entitled  "An  Ordinance  creating  the 
office  of  stenographer  and  typewriter  for  the  Mayor's  office  and 
fixing  the  salary  for  the  same,"  approved  November  26,  1897, 
be  and  the  same  is  here^by  repealed,  and  the  office  of  stenographer 
and  typewriter  for  the  Mayor's  office  is  hereby  abolished. 

§  4.  That  this  ordinance  shall  take  effect  from  its  passage. 
(Approved  February  6,  1902.) 


(1)  MAYOR. 

Fixing  Clerk's  Salary.  ' 

AN    ORDINANCE    fixing   and    regulating   the    salary    of   the 
Mayor's  clerk. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  Mayor's  clerk  shall  receive  from  the  city  of 
Louisville  annually  the  sum  of  twenty-five  hundred  ($2,500) 
dollars,  said  salary  to  be  paid  in  weekly  or  monthly  install- 
ments. 

§  2.     All  ordinances  in  conflict  herewith  are  hereby  repealed. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  September  30,  1918.) 


(2)   MAYOR. 

Assistant  Secretary's  Salary,  etc. 

AN  ORDINANCE  fixing  and  regulating  the  salary  of  the  assist- 
ant secretary  to  the  Mayor. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  the  assistant  secretary  to  the  Mayor  shall  receive 

from  the  city  of  Louisville  annually  the  sum  of  twelve  hundred 

dollars   ($1,200),  said  salary  to  be  paid  in  weekly  or  monthly 

installments. 

§  2.     It  shall  be  the  duty  of  such  assistant  secretary  to  do  all 

stenographic  work  and  typewriting  in  the  Mayor's  office  and  to 

perform  such  other  duties  as  the  Mayor  or  the  Mayor's  secretary 

require. 


394  MEATS. 


§  3.     All  ordinances  in  conflict  herewith  are  hereby  repealed, 
§  4.     This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (^Approved  July  16,  1919.) 


(1)   MEATS. 

Inspection  and  Regulating  Markets. 

AN  ORDINANCE  relating  to  regulating  the  inspection  of  ani- 
mals slaughtered  for  meat  supply  in  the  city  of  Louisville,  and 
of  meat  intended  for  sale  within  the  city,  and  to  regulate 
slaughter  houses,  meat  dealers  and  markets  handling  the 
same,  and  to  the  appointment  and  duties  of  inspectors  and 
assistants. 

Be  it  ordai7ied  by  the  General  Council  of  the  city  of  Louisville: 

SALE  OF  MEAT  IN  CITY— WHEN  UNLAWFUL. 
§  1.  The  sale,  offering,  exposing  or  having  in  possession  for 
sale  of  any  meat  within  the  city  of  Louisville  which  has  not  been 
inspected  by  Federal,  State  or  municipal  authority  at  the  time 
of  slaughter  is  hereby  prohibited,  as  well  as  the  bringing  of  any 
such  meat  into  the  city  of  Louisville  for  the  purpose  of  sale,  ex- 
cept as  otherwise  provided  in  Section  7.  It  shall  further  be  un- 
lawful for  any  person,  firm  or  corporation  to  sell,  expose  or  offer, 
or  have  in  possession  for  sale  for  human  consumption,  any  meat 
which  is  in  any  wise  not  fit  for  such  purpose. 

ISSUANCE  OF  PERMITS. 
§  2.  It  shall  be  unlawful  for  any  person,  firm  or  corporation 
to  sell,  offer  or  expose  for  sale  within  the  city  of  Louisville  any 
meat  intended  for  human  consumption,  whether  slaughtered 
within  the  city  or  elsewhere,  unless  such  person  or  persons  shall 
have  a  permit  so  to  do  from  the  Health  Officer  of  said  city,  the 
same  to  be  issued  for  a  period  of  one  year.  Where  any  such  per- 
son, firm  or  corporation  conducts  or  operates  more  than  one 
place  of  business  in  the  city  of  Louisville  a  separate  permit  shall 
be  issued  for  each  such  place  of  business.  Such  permit  shall  be 
issued  only  upon  the  Health  Officer's  being  satisfied  that  the 
meat,  before  being  offered  for  sale,  has  been  and  will  be  inspect- 
ed, slaughtered  and  stamped  in  accordance  with  the  provisions 


MEATS.  •  395 


of  this  ordinance,  and  that  the  equipment  and  method  connected 
with  the  slaughtering,  transportation  and  sale  of  the  product 
are  sanitary  and  otherwise  fit  for  the  protection  of  the  meat 
from  contamination.  The  Health  Officer  shall  issue  permits  to 
slaughter  houses  when  the  provisions  of  this  ordinance  and  the 
State's  laws  relating  to  meat  inspection  have  been  complied  with 
by  said  applicant. 

APPOINTMENT  AND  SALARIES  OF  INSPECTORS. 

§  3.  (a)  The  Board  of  Public  Safety,  with  the  approval  of 
the  Mayor,  shall  appoint  for  a  term  of  one  (1)  year,  a  chief  in- 
spector of  meats,  who  shall  be  a  graduate  of  a  recognized  school 
of  veterinary  sciences,  having  a  course  of  not  less  than  three 
years  leading  to  a  degree,  and  shall  have  had  at  least  three  (3) 
years'  experience  in  meat  inspection,  and  no  one  shall  be  eligible 
to  appointment  as  such  inspector  until  he  has  passed  a  standard 
of  examination  equal  to  that  prescribed  by  the  Bureau  of  Animal 
Industry  of  the  United  States  Department  of  Agriculture  of 
chiefs  of  equal  ranks  in  the  meat  inspection  service  of  the  Fed- 
eral Government.  Said  chief  inspector  shall  receive  a  salary  of 
tw^o  thousand  ($2,000)  dollars  per  annum,  payable  monthly,  and 
shall  execute  bond  to  the  city  of  Louisville  in  the  penal  sum  of 
three  thousand  ($3,000)  dollars  for  the  proper  discharge  of  his 
duties,  the  sufficiency  of  which  bond  shall  be  determined  by  the 
Mayor. 

(b)  The  Board  of  Public  Safety,  with  the  approval  of  the 
Mayor,  shall  also  appoint  one  first  assistant  meat  inspector,  for 
a  term  of  one  (1)  year,  and  may  appoint  such  additional  assist- 
ant meat  inspectors  not  to  exceed  two,  as  shall  be  necessary  to 
carry  out  the  provisions  of  this  ordinance.  Said  assistant  in- 
spector or  inspectors  shall  be  graduates  of  a  recognized,  school 
of  veterinary  science,  and  no  one  shall  be  eligible  to  appointment 
as  such  assistant  inspector  until  he  has  passed  a  standard  of 
examination  equal  to  that  prescribed  by  the  Bureau  of  Animal 
Industry  of  the  United  States  Department  of  Agriculture  for 
inspectors  of  similar  rank  in  the  meat  inspection  services  of  the 
Federal  Government.  Each  assistant  inspector  shall  receive  a 
salary  of  fifteen  hundred  ($1,500)  dollars  per  annum,  payable 
monthly,  and  shall  execute  a  bond  to  the  city  of  Louisville  in  the 
penal  sum  of  one  thousand   ($1,000)   dollars  for  the  proper  dis- 


396  MEATS. 


charge  of  his  duties,  the  sufficiency  of  which  bond  shall  be  de- 
termined by  the  Mayor. 

(c)  The  Board  of  Public  Safety,  with  the  approval  of  the 
Mayor,  shall  appoint  one  lay  inspector  for  a  term  of  one  year 
and  may  also  appoint  additional  lay  inspectors  for  a  term  of  one 
year  not  to  exceed  one  inspector  for  each  slaughter  house  oper- 
ating under  a  permit,  if  necessary  to  carry  out  the  provisions  of 
this  ordinance.  Each  lay  inspector  before  appointment  shall 
satisfy  the  Board  of  Public  Safety  that  he  has  had  such  experi- 
ence in  the  inspection  of  .meat  and  other  places  where  meat  is 
handled  as  will  qualify  him  to  carry  out  the  provisions  of  this 
ordinance,  other  than  the  holding  of  post-mortem  examinations; 
each  lay  inspector  shall  receive  a  salary  of  twelve  hundred 
($1,200)  dollars  per  annum,  payable  monthly,  and  shall  execute 
a  bond  to  the  city  of  Louisville  in  the  penal  sum  of  one  thousand 
($1,000)  dollars  for  the  proper  discharge  of  his  duties,  the  suffi- 
ciency of  which  bond  shall  be  determined  by  the  Mayor. 

(d)  Any  inspector  appointed  under  this  ordinance  may  be  re- 
appointed to  the  same  office  without  standing  another  examina- 
tion, upon  satisfying  the  Board  of  Public  Safety  that  he  is  quali- 
fied to  perform  the  duties  of  such  office.  Said  inspectors  shall 
after  appointment  conduct  their  work  under  the  direction  of  the 
Health  Officer  and  may  be  removed  by  the  Board  of  Public  Safety 
at  any  time.  All  of  said  inspectors  shall  be  expected  and  required 
to  devote  their  whole  time  to  the  performance  of  the  duties  of 
their  respective  offices  from  7  a.  m.  to  5  p.  m. 

DUTIES   OF  INSPECTORS. 

§  4.  It  shall  be  the  duty  of  the  chief  meat  inspector  and  his 
assistants  to  inspect  and  stamp  all  carcasses  at  the  time  of 
slaughter  that  are  not  inspected  and  stamped  by  Federal  inspec- 
tion ;  but  all  post-mortem  examinations  provided  for  herein  shall 
be  conducted  by  an  inspector  who  is  a  veterinary  and  shall  be 
present  at  the  time  of  slaughter. 

(a)  In  case  any  inspector  shall  be  in  doubt  as  to  the  existence 
of  any  diseased  or  injurious  condition  existing  in  any  animal  or 
in  any  meat,  he  shall  have  power  to  have  such  microscopic  or 
other  scientific  investigation  made  as  shall  be  necessary  to  de- 
termine the  condition  of  such  animal  or  meat,  and  he  shall  have 


MEATS.  397 


the  further  power  to  take  the  same  to  any  place  necessary  for 
making  such  examination. 

(b)  That  it  shall  be  the  duty  of  the  chief  meat  inspector,  or 
one  of  his  assistants,  to  conduct  a  post-mortem  examination  of 
all  animals  condemned  by  the  live  stock  inspector  and  ordered 
killed  subject  to  post-mortem  examination,  and  when  found  un- 
fit for  human  food,  to  tank  or  deliver  the  carcasses  of  the  same 
to  the  dead  animal  contractor  for  disposition  as  by  law  required. 

(Sub-sections  c,  d,  e,  f,  g,  h  and  i  stricken  out.) 

(j)  It  shall  also  be  the  duty  of  the  chief  meat  inspector  and 
his  assistants  to  inspect  slaughter  houses  and  other  premises  and 
all  markets,  stalls,  refrigerators  and  cars,  wagons  and  places 
where  animals  are  slaughtered  or  where  meat  products  are 
transported,  kept  or  offered  for  sale,  to  determine  the  whole- 
someness  and  sanitary  conditions  of  same. 

(k)  Said  inspectors  shall  make  reports  of  all  places  and  of 
all  meat  inspected,  and  of  all  meat  or  animals  or  carcasses  con- 
demned, and  said  report  shall  be  made  weekly  and  filed  and  kept 
in  the  ofl^ice  of  the  Health  Officer  of  the  city  as  a  public  record. 
Said  inspector  shall  immediately  report  all  violations  of  this 
ordinance  to  the  Health  Officer.  Said  inspectors  shall  perform 
any  other  duty  required  in  carrying  out  the  provisions  of  this 
ordinance. 

§  5.  (a)  Meats  intended  for  sale  in  the  city  of  Louisville 
shall  be  slaughtered  in  a  slaughter  house  which  is  clean  and  sani- 
tary and  equipped  for  the  proper  protection  of  the  meat.  The 
slaughter  house  shall  ibe  equipped  with  an  ice  box  or  cold  stor- 
age compartment  for  the  storage  and  preservation  of  meat  or 
meat  products  in  which  a  temperature  of  not  over  44  degrees 
Fahrenheit  shall  be  maintained  during  the  time  when  in  the 
'regular  course  of  business  it  is  necessary  to  open  same  for  taking 
out  or  placing  in  the  products  stored  therein,  and  at  a  tempera- 
ture of  not  above  38  degrees  Fahrenheit  at  all  other  times,  allow- 
ing reasonable  time  for  the  lower  temperature  to  be  attained  after 
use.  Such  slaughter  houses  shall  have  adequate  water,  free  from 
contamination,  and  so  as  to  be  applied  hot  or  cold.  The  slaughter 
house  shall  have  suitable  floors,  constructed  in  such  a  manner  as 
to  be  watertight,  and  which  shall  carry  oflf  into  tubs  or  reser- 
voirs, or  into  the  sewer,  all  blood  and  waste.  The  floors  shall  be 
thoroughly  scrubbed  and  cleaned  each  day  after  the  slaughtering 


398  MEATS. 


is  completed.  The  building  shall  be  screened,  and  walls  and  all 
exposed  surfaces  inside  the  slaughter  house  shall  be  kept  clean 
and  sanitary.  The  slaughter  house  shall  have  an  efficient  system 
of  drainage  and  sewer  connections  so  that  no  water  or  refuse  of 
any  kind  shall  soak  into  the  ground.  Provision  shall  be  made  for 
the  prompt  removal  of  the  offal,  for  the  cleaning  of  hooks,  knives, 
implements,  tubs,  buckets  and  other  equipment  and  the  slaughter 
house  shall  be  otherwise  kept  in  a  sanitary  condition,  and  all 
meat  and  meat  products  inspected  as  required  in  detail  by  this 
ordinance ;  and  by  such  laws  of  the  State  as  may  be  in  force  and 
such  valid  regulations  as  have  been  adopted  thereunder  for 
guidance  in  meat  inspection. 

(d)  All  .toilet  rooms  and  dressing  rooms  shall  be  entirely 
separated  from  departments  in  which  carcasses  are  dressed,  or 
meat  products  are  cured,  stored,  packed,  handled  or  prepared. 
All  such  rooms  shall  be  properly  lighted,  ventilated  and  kept  in 
a  sanitary  condition. 

(c)  Butchers  who  dress  or  handle  diseased  carcasses  or  parts 
shall  cleanse  their  hands  and  then  immerse  them  in  a  proper 
disinfectant  and  rinse  them  in  clear  water  before  dressing  or 
handling  healthy  carcasses.  All  butchers'  implements  used  in 
dressing  diseased  carcasses  shall  be  sterilized  either  in  boiling 
water  or  by  immersion  in  a  proper  disinfectant  followed  by 
rinsing  in  clear  water.  Facilities  for  such  cleansing  and  disin- 
fection, approved  by  the  inspector  in  charge,  shall  be  provided  for 
the  establishment.  Separate  sanitary  trucks,  which  shall  be  ap- 
propriately and  distinctly  marked,  shall  be  furnished  for  handling 
diseased  carcasses  and  parts.  Following  the  slaughter  of  any 
animal  affected  with  an  infectious  disease  a  stop  shall  be  made 
until  the  implements  have  been  cleansed  and  disinfected,  unless 
other  clean  implements  are  provided. 

(d)  Carcasses  shall  not  be  inflated  with  air  from  the  mouth, 
and  no  other  inflation  of  carcasses,  unless  so  labeled,  shall  be 
allowed.  Carcasses  shall  not  be  dressed  with  skewers,  knives, 
etc.,  that  have  been  held  in  the  mouth.  Skewers  shall  be  cleansed 
before  being  used  again.  Spitting  on  whetstones  or  steels  when 
sharpening  knives  shall  not  be  allowed. 

(e)  All  offal  shall  be  cleaned  up  and  disposed  of  daily  either 
by  tanking  or  removing  from  the  premises  of  the  plant.  The 
system  for,  and  operation  connected  with,  the  treatment  of  offal 


MEATS.  399 


and  condemned  meats  for  fertilizer,  grease  or  other  purposes 
shall  be  in  a  separate  building,  or  in  a  different  part  of  the  build- 
ing for  that  in  which  the  products  intended  for  food  are  handled, 
separated  by  masonry  or  proper  vestibule,  and  no  fertilizer  or 
other  product  of  the  tanked  offal  shall  be  stored  or  brought  into 
any  place  or  room  where  products  intended  for  food  are  handled 
or  stored.  Such  tankage  operations  shall  be  conducted  in  a  sani- 
tary manner,  and  with  proper  mechanical  devices  therefor,  and 
the  rendering  and  other  rooms  and  equipment  shall  be  cleaned 
daily  and  there  shall  also  be  used  a  sufficient  deodorizer  to  destroy 
all  foul  and  offensive  odors  resulting  from  said  operations. 

(f)  No  animal  intended  for  slaughter  shall  be  fed  on  any 
uncooked  meat  or  offal,  or  any  meat  or  offal  of  a  diseased  animal. 

(g)  The  Health  Officer  shall  issue  a  permit  for  the  operation 
of  a  slaughter  house  when,  upon  examination,  it  appears  that  the 
provisions  of  this  ordinance  and  of  the  State  laws  relating  to 
slaughter  houses  have  been  complied  with  by  applicant.  But 
where  the  applicant  conducts  more  than  one  slaughter  house  in 
the  city  of  Louisville  a  separate  permit  shall  be  necessary  for  the 
operation  of  each  slaughter  house,  and  each  day  that  a  slaughter 
house  is  operated  or  maintained  without  such  permit  shall  be 
deemed  a  separate  violation  of  this  ordinance. 

MUNICIPAL  SLAUGHTER  HOUSES. 

§  6.  The  Health  Officer  shall  designate  a  slaughter  house,  or 
slaughter  houses,  which  shall  be  constructed  and  equipped  as 
provided  for  in  this  ordinance  and  at  which  inspection  can  be 
maintained,  as  the  municipal  abattoir  or  abattoirs.  This  shall  be 
conditioned,  however,  upon  the  owners  or  lessees  of  the  slaughter 
houses  agreeing  in  writing  that  all  butchers  and  other  persons 
may  slaughter  animals  at  such  slaughter  house  at  a  uniform  fee 
for  slaughtering,  which  shall  not  exceed  seventy-five  (75)  cents 
for  every  carcass  of  beef  and  forty  (40)  cents  for  every  carcass 
of  hog,  sheep,  veal  or  other  animal.  Each  such  slaughter  house 
shall  post  in  a  conspicuous  place  therein  the  rates  at  which  ani- 
mals may  be  slaughtered  at  such  house,  and  it  shall  be  a  violation 
of  this  ordinance  to  charge  a  different  rate  or  rates  from  those 
so  posted.  The  respective  parties  shall  be  free  to  make  such 
agreements  as  they  deem  best  for  the  sale  or  disposal  of  the  offal 
or  animals  so  slaughtered. 


400  MEATS. 


INSPECTION  AT  TIME   OF  SLAUGHTER— EXCEPTIONS. 

§  7.  It  shall  be  unlawful  to  sell,  or  offer,  expose  or  have  in 
possession  for  sale,  any  meat  in  the  city  of  Louisville  which  has 
not  been  inspected  and  stamped  at  the  time  of  slaughter  by  Fed- 
eral, State  or  municipal  authority,  except  carcasses  of  meat 
slaughtered  by  farmers  or  others  not  regularly  engaged  in  the 
slaughtering  of  animals.  Provided,  however,  that  such  car- 
casses shall  be  brought  to  the  place  of  inspection  to  be  designated 
by  the  meat  inspector,  with  such  organs  or  parts  of  organs 
naturally  attached,  as  shall  be  required  for  the  purposes  of  in- 
spection, and  such  carcasses  before  being  offered  for  sale  shall 
be  inspected  and  stamped  as  in  other  cases.  And  provided 
further,  that  nothing  herein  shall  exempt  Federal  or  other  in- 
spected meat  for  inspection  as  to  fit  condition  for  food  when 
arriving  for  sale,  or  when  exposed  for  sale  in  the  city  of  Louis- 
ville. 

CONDEMNATION— STAMPED— RENDERING. 

§  8.  (a)  Whenever  the  meat  inspector  shall,  by  inspection, 
determine  that  any  carcass,  or  part  of  a  carcass,  is  diseased  or 
otherwise  unfit  for  food,  the  same  shall  be  stamped  or  tagged  in 
a  manner  so  as  to  designate  it  is  unfit,  and  such  meat  shall  not 
be  brought  into,  or  sold,  or  offered  for  sale,  in  the  city  of  Louis- 
ville, but  shall  be  tanked  or  otherwise  rendered  unfit  for  food, 
under  the  supervision  and  in  the  presence  of  the  inspector,  who 
shall  make  a  written  report  to  the  Health  Officer  showing  the 
amount  and  character  of  meat  so  condemned. 

(b)  The  Health  Officer  shall  devise  and  enforce  an  adequate 
method  of  checking  up  and  accounting  for  the  disposition  of  all 
meat  and  carcasses  condemned  under  the  provisions  of  this  ordi- 
nance in  order  to  prevent  meat  being  thereafter  sold  for  human 
consumption.  The  person  in  whose  possession  said  condemned 
meat  may  be  left,  or  to  whom  it  may  be  turned  over,  shall,  as 
soon  thereafter  as  practicable,  report  in  writing  to  the  Health 
Officer  how  much  meat  was  disposed  of  and  the  quantity  of  same, 
and  any  false  statement  so  made  by  such  person  shall  be  deemed 
a  violation  of  this  ordinance,  and  shall  in  addition  be  sufficient 
ground  for  the  revocation  of  the  permit  hereunder  granted  to 
the  person,  firm  or  corporation  making  such  false  report. 


MEATS.  401 


REVOCATION  OF  PERMIT. 

§  9.  (a)  Any  permit  granted  under  this  ordinance  may  be 
revoked  whenever  it  is  found  that  the  conditions  upon  which  the 
permit  was  granted  are  not  "being  complied  with.  But  no  permit 
shall  be  revoked  until  thej)arty  proceeded  against  shall  be  sum- 
moned by  notice  in  writing  issued  by  the  clerk  of  the  Police 
Court,  or  his  deputy,  at  the  instance  of  any  party  complaining, 
which  notice  shall  specify  briefly  the  ground  upon  which  said 
revocation  is  sought  and  shall  be  served  in  the  manner  required 
by  the  Civil  Code  of  Practice  for  the  service  of  summons;  pro- 
vided, also,  that  said  notice  shall  require  the  defendant  to  appear 
on  the  third  day  after  the  service  of  such  notice,  unless  such  third 
day  be  a  Sunday  or  a  holiday,  in  which  event  the  defendant  shall 
appear  on  the  next  regular  week  day  that  is  not  a  legal  holiday. 

(b)  The  revocation  of  a  permit  shall  ipso  facto  forfeit  all 
license  fees  for  the  unexpired  term  for  which  such  license  fees 
were  paid. 

(c)  No  person  whose  permit  shall  have  been  revoked  shall 
thereafter,  directly  or  indirectly,  through  another  person  obtain 
a  permit  under  this  ordinance  within  six  months  from  the  time 
of  such  revocation. 

MARKING— MISUSE  OF  STAMP. 

§  10.  The  Health  Officer  shall  designate  a  unifonn  method  of 
marking  meat  which  has  been  inspected  and  passed,  and  meat 
which  is  unfit  for  food,  and  any  person,  firm  or  corporation 
counterfeiting,  imitating,  or  not  rightfully  using  the  stamp  of 
the  Federal  Government,  the  stamp  of  any  State  or  other  munici- 
pal inspection,  or  the  stamp  of  the  inspection  of  any  State  or 
other  municipal  inspection,  or  the  stamp  of  the  inspection  of  the 
city  of  Louisville,  shall  on  conviction  be  fined  not  less  than  ten 
($10.00)  dollars  nor  more  than  fifty  ($50.00)  dollars  for  each 
offense. 

FINES. 

§  11.  Any  person  violating  any  section  of  this  ordinance,  or 
who  shall  operate  without  obtaining  a  permit  as  herein  provided, 
shall  be  fined  not  less  than  five  ($5.00)  dollars  nor  more  than 
fifty  ($50.00)  dollars  for  each  offense,  except  as  otherwise  herein 
provided  and  except  where  greater  penalty  is  imposed  by  statute. 


402  MEATS. 


and  each  day  that  such  violation  continues  shall  be  construed  as 
a  separate  offense. 

§  12.  All  ordinances  in  conflict  herewith  and  especially  an 
ordinance  entitled  "An  Ordinance  for  the  inspection  of  animals 
slaughtered  for  meat  supply  in  the  city  of  Louisville  and  of 
meat  intended  for  sale  within  the  city  of  Louisville,  and  to  regu- 
late slaughter  houses  and  meat  sellers  and  markets,"  approved 
January  14,  1915,  are  hereby  repealed. 

§  13.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  May  22,  1919.) 


(2)  MEATS. 

Where  Fresh  Meats  May  be  Sold. 

AN  ORDINANCE  to  regulate  the  retailing  of  fresh  meats  in  the 

city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  hereafter  it  shall  be  unlawful  for  any  person  to 
sell,  at  retail,  beef,  mutton,  veal,  or  lamb,  in  the  city  of  Louis- 
ville, except  in  a  regular  licensed  market  house  or  in  a  green 
grocery. 

§  2.  Any  one  violating  this  ordinance  shall  be  punished  by 
a  fine  of  not  less  than  five  dollars  ($5)  nor  more  than  twenty 
($20)  for  each  offense.  {Approved  October  8,  1895.)  (See  also 
Market.) 


(3)   MEATS. 
Protection  of  Slaughtered  Meats. 

AN  ORDINANCE  for  protecting  slaughtered  meats  in  the  city 
of  Louisville  from  contamination  from  dust,  dirt,  flies,  etc., 
and  for  the  preservation  of  a  healthy  and  safe  condition  of 
animals  intended  for  slaughter. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     No  person  shall  carry  or  transport  through  any  street. 

alley  or  thoroughfare  the  carcass  or  meat  of  any  cattle,  sheep. 


MEATS.  403 


swine,  fish,  fowl,  or  poultry  used  for  human  food  except  it  be 
covered  so  as  to  be  thoroug-hly  protected  from  dust,  dirt,  flies, 
etc. 

§  2.     No  person  shall  permit  the  carcass,  body  or  meat  of  any 

cattle,  sheep,  swine,  fish,  fowl  or  poultry  to  lie  or  hang  or  be 

offered  for  sale  outside  of  any  market  or  similar  place  or  in  any 

open  window  or  doorway  or  upon   any  sidewalk  or  street  or 

.  thoroughfare. 

§  3.  No  person  shall  keep  any  cattle,  sheep,  swine,  game,  fowl, 
or  poultry  in  any  place  in  which  water,  food  and  ventilation  are 
not  sufficient  for  the  preservation  of  a  healthy  and  safe  condition. 

§  4.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  fined  not  less  than  $5.00  nor  more  than  $20.00  for  each 
offense. 

§  5.  All  ordinances  and  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  6.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  August  18,  1908.)      (See  Food  Adulteration.) 


(4)  MEATS. 

Food  Unfit  for  Use — Duties  of  Live  Stock  Inspector. 

AN  ORDINANCE  concerning  the  inspection  of  livestock  in  the 

city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration to  sell  or  offer  for  sale,  or  to  have  in  his  or  their  posses- 
sion for  sale,  any  cattle,  sheep,  hogs,  or  any  other  animal  for 
food  which  is  diseased  or  in  any  wise  unhealthy  or  unfit  for 
food. 

§  2.  That  it  shall  be  the  duty  of  the  livestock  inspector  to 
condemn  and  have  killed  any  and  all  diseased  livestock  held  or 
offered  for  sale  in  the  city  of  Louisville,  and  to  deliver  the  car- 
casses of  the  same  to  the  owner,  or  his  agent,  or  to  the  dead 
animal  contractor  for  disposition,  as  by  law  required. 

§  3.  Before  condemnation  of  such  animal,  as  provided  in  the 
second  section  of  this  ordinance,  the  livestock  inspector  shall 
give  to  the  owner  of  the  same,  or  to  his  agent  having  the  same  in 
charge,  notice  of  the  time  and  place  of  the  proposed  inspection, 


404  MEATS. 


and  allow  him  a  reasonable  opportunity  to  be  heard  in  the  prem- 
ises. The  decision  of  the  livestock  inspector  shall  be  final  in  all 
cases. 

§  4,  There  shall  be  set  aside  and  maintained  at  the  Bour- 
bon stockyards,  and  all  livestock  yards  in  the  city  of  Louisville, 
now  or  which  may  be  hereafter  established,  at  the  expense  of 
the  owner  of  such  yards,  a  quarantine  pen  of  such  size  and  con- 
struction as  shall  be  prescribed  or  approved  by  the  livestock  in- 
spector, which  shall  be  provided  with  a  suitable  lock,  in  which 
pen  shall  be  placed  at  once  all  animals  failing  to  pass  the  inspec- 
tion of  the  livestock  inspector. 

§  5.  The  livestock  inspector  or  his  deputy  shall  at  once 
place  in  the  ear  of  each  animal  condemned  a  numbered  metal 
tag  bearing  the  word  "condemned,"  which  shall  not  oe  removed 
by  the  pwner  of  such  animal  or  his  agent  before  the  same  is 
killed,  as  herein  provided. 

§  6.  The  livestock  inspector  shall  keep  a  record  of  all  animals 
condemned,  which  record  shall  show:  First,  the  date  of  inspec- 
tion ;  second,  the  kind  of  animal ;  third,  for  whom  the  animal  is 
inspected ;  fourth,  a  description  of  the  animal ;  fifth,  the  cause  of 
condemnation;  sixth,  the  disposition  of  carcass;  and  shall  file  a 
monthly  written  report  of  his  said  inspections  with  the  Health 
Oflficer  of  the  city. 

§  7.  All  animals  found  to  be  affected  as  follows,  shall  be 
condemned  and  their  carcasses  disposed  of  as  required  by  law 
and  the  provisions  of  this  ordinance :  (1)  hog  cholera,  (2)  swine 
plague,  (3)  anthrax,  or  charbon,  (4)  rabies,  (5)  malignant 
catarrh,  (6)  pyemia  and  septicemia,  (7)  mange,  or  scab  in  ad- 
vanced stages,  (8)  advanced  stages  of  actinomycosis,  or  lumpy 
jar,  (9)  inflammation  of  the  lungs,  intestines  or  peritoneum, 
(10)  Texas  fever,  (11)  extensive,  or  generalized  tuberculosis, 
(12)  ibadly  bruised  or  affected  in  any  organ,  or  part  of  an  organ, 
by  tuberculosis,  actinomycosis,  trichina,  cancer,  abscess,  sup- 
purating sore  or  tapeworm  cyst. 

§  8.  All  injured  cattle  condemned  by  the  inspector  shall  be 
killed  subject  to  postmortem  inspection.  No  injured  animal 
shall  be  removed  to  a  slaughter  house,  or  other  place,  without 
the  written  consent  of  the  inspector. 


MEATS.  405 


§  9.  All  calves  offered  for  veal  under  four  weeks  of  age  shall 
be  condemned  by  the  livestock  inspector  for  slaughtering  pur- 
poses ;  and  all  animals  in  advanced  stage  of  pregnancy,  or  which 
have  recently  given  birth  to  young,  shall  likewise  be  condemned 
for  slaughtering  purpose. 

§  10.  Any  person,  firm  or  corporation  that  shall  violate  the 
provisions  of  Section  1  of  this  ordinance  shall  be  fined  not  less 
than  twenty-five  ($25)  dollars  nor  more  than  one  hundred  ($100) 
dollars  for  each  offense,  and  each  sale  or  offering  for  sale,  or 
holding  in  possession  for  sale,  of  any  cattle,  hogs,  sheep  or  other 
animal,  in  violation  of  said  section  shall  constitute  a  separate 
offense;  and  any  person,  firm  or  corporation  that  shall  obstruct, 
interfere  with,  or  prevent  the  livestock  inspector,  or  his  deputy 
in  the  discharge  of  any  of  his  duties  as  defined  in  this  ordinance, 
or  being  the  owner  or  proprietor  of  a  livestock  yard  or  yards  in 
the  city  of  Louisville,  shall  fail  or  refuse  to  set  apart,  construct 
and  maintain  a  quarantine  pen,  as  provided  in  Section  4  of  this 
ordinance,  shall  be  fined  in  any  sum  not  less  than  ten  ($10)  dol- 
lars nor  more  than  one  hundred  ($100)  dollars  for  each  offense, 
and  it  shall  be  the  duty  of  the  police  force  to  aid  the  livestock 
inspector  or  his  deputy  to  enforce  the  requirements  of  this  ordi- 
nance when  notified  or  called  on  by  such  inspector  or  deputy  for 
that  purpose. 

§  11.  That  in  order  to  carry  out  and  enforce  the  provisions 
of  this  ordinance  there  shall  be  elected  by  the  General  Council, 
in  joint  session,  on  the  first  Tuesday  in  December,  1910,  and 
every  two  years  thereafter,  one  livestock  inspector,  who  shall 
have  power  to  appoint  with  the  approval  of  the  Board  of  Alder- 
men, a  deputy  livestock  inspector,  who  shall  hold  his  office  during 
the  will  of  said  livestock  inspector,  and  it  shall  be  their  duty  to 
carry  out  and  enforce  the  provisions  of  this  ordinance.  Provided, 
however,  that  the  present  incumbent  of  the  office  of  livestock  in- 
spector shall  be  continued  in  his  said  office  until  the  election  and 
qualification  of  his  successor  in  December,  1910,  and  provided  he 
shall  have  the  right  to  appoint,  with  the  approval  of  the  Board 
of  Aldermen,  a  deputy  livestock  inspector  who  shall  hold  his 
office  during  the  will  of  said  livestock  inspector.  The  said  live- 
stock inspector  and  deputy  livestock  inspector  shall  have  and 
keep  a  fixed  and  known  office  in  the  city  of  Louisville,  with  a 


406  MEATS  AND  FISH. 


telephone  therein,  and  the  office  hours  of  said  livestock  inspector 
and  deputy  livestock  inspector  shall  be  between  7  o'clock  a.  m, 
and  4  o'clock  p.  m.  of  each  day,  and  one  of  them  shall  be  in  said 
office  at  all  times  between  the  hours  aforesaid,  so  that  they  can  be 
communicated  with  by  all  persons  having  business  connected  with 
said  office. 

§  12.  That  said  livestock  inspector  shall  receive  a  salary  of 
twelve  hundred  dollars  per  annum,  payable  monthly,  and  said 
deputy  livestock  inspector  shall  receive  a  salary  of  nine  hundred 
dollars  per  annum,  payable  monthly,  as  the  salaries  of  other  city 
officers,  and  in  addition  to  the  salary  of  said  livestock  inspector 
he  shall  be  allowed  the  expense  of  keeping  a  telephone  at  his 
office  and  the  rent  of  such  office. 

§  13.  An  ordinance  entitled  "An  Ordinance  concerning  the 
inspection  of  livestock  and  meat  offered  as  food  in  the  city  of 
Louisville,"  which  became  obligatory  on  November  8,  1900,  with- 
out the  Mayor's  signature,  and  all  other  ordinances  or  parts  of 
ordinances  in  conflict  with  this  ordinance  are  hereby  repealed. 

§  14.  That  this  ordinance  shall  take  effect  from  and  after 
its  passage.  {Approved  April  7,  1910.)  (See  also  Food  Adul- 
teration.) 


MEATS  AND  FISH. 

Carriers  of  Meat  and  Fish  to  Notify  Health  Office. 

AN  ORDINANCE  requiring  all  carriers  of  fresh  or  cold  storage 
meats  or  fish  to  give  notice  to  the  Health  Department  when 
such  meat  or  fish  is  brought  into  the  city  of  Louisville  tar 
delivery. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  all  railroad  companies  and  other  carriers  be  re- 
quired to  notify  the  Health  Department  of  the  city  of  Louis- 
ville upon  bringing  into  the  limits  of  the  city  of  Louisville  for 
delivery  any  fresh  or  cold  storage  meats  or  fish  intended  for 
human  consumption,  and  it  shall  be  unlawful  for  any  such  rail- 
road company  or  carrier  to  permit  any  consignee,  or  other  per- 
son, to  take  possession  or  control  of  any  such  meats  or  fish  until 
such  railroad  company  or  carrier  has  first  notified  said  Health 


MILK. 407 

Department  of  the  city  of  Louisville  as  herein  required,  and  given 
the  Health  Department  three  hours'  time  between  9  o'clock  a.  m. 
and  4  o'clock  p.  m.  within  which  to  inspect  said  meats  or  fish. 

§  2.  Should  said  meat  or  fish  be  unwholesome  or  unfit  for 
human  consumption,  then  the  Health  Officer  shall  take  the  proper 
steps  to  have  same  destroyed.  Should  said  meat  or  fish  be  found 
to  be  wholesome  and  fit  for  human  consumption  then  said  Health 
Officer  may,  in  his  discretion,  place  a  stamp  thereon  indicating 
such  to  be  the  case. 

§  3.  Any  railroad  company  or  other  carrier  violating  Sec- 
tion 1  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor 
and  on  conviction  shall  be  fined  not  less  than  $50  nor  more  than 
$100  for  each  offense. 

§  4.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  August  8,  1911.) 


• 


MILK. 

Regulations  of  the  Production  and  Sale. 

AN  ORDINANCE  to  regulate  the  production  and  sale  of  milk 

in  and  for  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     No  person  shall, 

(1)  in  the  city  of  Louisville  produce  milk  for  sale  or 

(2)  hold  or  offer  milk  for  sale,  or  sell  milk,  or 

(3)  bring  or  send  milk  into  the  city  of  Louisville  for  sale, 
unless  or  until  the  Health  Officer  has  issued  to  him  a  written 
permit  so  to  do ;  nor  shall  any  person  produce  for  sale,  sell,  have 
in  his  possession  for  sale  or  expose  for  sale  in  the  city  of  Louis- 
ville any  milk  after  any  such  permit  shall  have  been  revoked. 

§  2.  Every  person  owning  or  having  charge  of  one  or  more 
cows,  the  milk  from  which  is  to  be  offered  for  sale  or  sold  in  the 
city  of  Louisville,  shall  make  application  to  the  Health  Officer  on 
a  blank  form  to  be  furnished  by  the  Health  Officer  for  a  permit 
to  offer  for  sale  or  sell  said  milk,  which  application  shall  be  sub- 
stantiallj^  as  follows: 

(Form.) 

"Application    No Date    

Name  of  applicant  (or  applicants  if  a  firm  or  partnership) 

Residence  and  Postoffice  Address  of  applicant   (or  applicants) 


408 MILK. 

Corporate  Name,  if  applicant  be  a  corporation 

Name  of  person  upon  whom  process  may  be  served,  If  applicant  be  a  cor- 
poration,   firm,    partnership,    or   association 

Place  or  places  of  business  in  Louisville  where  milk  is  to  be  offered  for  sale 
or  sold  (excepting  sales  by  retail  from  wagon  to  customers)  No... 

street,    between    and streets. 

In  applying  for  this  permit  are  you  acting  directly  or  indirectly  for  any 

person,  firm,  corporation,  or  partnership  whose  permit  to  sell    milk  in  the 

city  of  Louisville  has  been  revoked  within  six  months  of  the  date  of    this 

application? 

Country   Platform    

City    Platform     

Shipments  via ■ (R.  R.  or  Boat) 

Time  of  departure  of  trains  carrying  shipments  of  milk: 

( Mornings 

S""^^y^ [Evenings 

Week  Days JMomings 

)  Evenings 

Average  number  of  cans  shipped  daily , 

Average  number  of  gallons  shipped  daily ; 

Or  if  milk  is  carried  from  dairy  or  farm  to  city  by  WAGON,  give 
marks  on  wagons  sufficient  for  identification. 
Location  of  applicant's  herd  or  herds: 

City    or    town 

County    

State     

Other  direction  for  reaching 

COWS. 

Total   number   of   cows Breed 

Are  there,  so  far  as  you  know,  any  cows  diseased  or  unfit  for  dairy  purposes 
in   the  herd? 

If  so,  give  number  of  diseased  or  unfit  cows  and  nature  of  said  disease  or 

unfitness?    

Are  said  diseased  or  unfit  cows  permitted  to  eat  or  drink  from  a  common 

trough   with  the  other  cows? 

Is  any  of  the  milk  or  cream  obtained  from  said  diseased  or  unfit  cows  mixed 

with  the  milk  or  cream  to  be  offered  for  sale  in  the  city  of  Louisville? 
Have  all  the  cows  in  the  herd  under  question  been  tested  with  tuberculin?.. 

Date    

By  whom   made? 

Number  of  cows  reacting 

What  was  done  with  the  reacting  cows?  

Number  of  acres  in  farm  ? 

Size    of   pasture? 

How  often  are  the  cows  curried  or  brushed? 

Are  udders  of  cows  cleaned? How? 


MILK.  409 

STABLE. 

Size  of  barn  in  which  cows  are  stabled. . .  .ft.  long ft.  wide ft.  high. 

Number  and  size  of  window  in  stable? 

How   is   stable  ventilated  ? 

Kind    of    floor? 

Is  cow  barn  whitewashed  inside? 

FEEDS. 

State  all  kinds  of  feedstuff s  used  in  feeding  dairy  cows 

Are  any  of  the  dairy  cows  owned  or  controlled  by  you,  or  by  the  firm  or  cor- 
poration which  you  represent,  fed  in  whole  or  in  part  on  wet  malt,  or  on 
the  slops,  mash  or  refuse  of  any  distillery,  brewery  or  vinegar  factory 
or  any  other  kind  of  fermented  slop?   

MANURE.    . 

How  often  is  manure  removed  from  stable? 

How  far  away  from  cow"  stable  and  milk  room  is  it  piled? -. 

How  often  is  said  pile  removed  to  field  ? 

MILKING. 

Do  the  milkers  wash  and  dry  their  hands  just  before  milking? 

Is  the  milking  done  with  dry  hands? 

Is  the  milking  done  with   wet  hands? 

Is  any  of  the  milk  stored  in  the  barn  or  stable  where  the  cows  are  kept?. . . . 

How  soon  after  being  drawn  from  the  cow  is  it  removed  from  the  barn  or 

stable?    

MILK  ROOM. 

Is  there  a  separate  milk  room  or  milk  house? 

How  far  is  said  milk  room  or  milk  house  from  stable? 

Are  the  utensils,  including  every  pail,  can,  bottle  or  other  piece  of  apparatus 
that  comes  in  contact  with  the  milk,  thoroughly  cleaned  with  boiling 
water    every    day  ? 

How  is  the  milk  cooled? 

WATER. 

Source  cf  water  used  by  cows 

Source  of  water  used  in  cooling  milk 

Source  of  water  used  in  cleaning  utensils 

Is  water  from  any  other  source  ever  used  in  the  dairy? 

Is  there  a  boiler  properly  fixed  and  provided  with  ample  supply  of  water, 
which  is  not  used  for  household  purposes? 

What  months  of  the  year  is  place  supplied  with  ice? 

Do  you  buy  or  ship  milk  obtained  from  any  other  person? 

Are  there  any  cases  of  sickness  in  or  near  the  d'airy  or  farm  where  the  milk 
sold  by  you  is  produced  ? 

Is  any  person  who  assists  in  the  care  of  the  cows  owned  or  controlled  by 
you  or  by  the  firm  or  corporation  you  represent,  or  in  the  milking  of 
said  cows,  or  in  the  handling  of  milk  or  cream  from  said  cows,  suffering 
from,  or  has  any  such  person  within  twenty  days  been  exposed  to  typhoid 
fever,  diphtheria,  scarlet  fever,  erysipelas,  measles,  smallpox,  or  any 
other  dangerous,  contagious  or  infectious  disease? 


410 MILK. 

Nature  and  location  of  such  case 

Have  you  read  the  laws  and  ordinances  regulating  the  sale  of  milk  in  Ken- 
tucky  and   the   city   of   Louisville? 


Signature  of  applicant 

Date 

In  case  such  applicant  buys  for  the  purpose  of  selling  in 
Louisville  or  ships  to  Louisville,  milk  obtained  from  any  other 
person,  he  shall  file  with  his  application  and  as  a  part  of  it  one 
or  more  written  statements  on  blanks  furnished  by  the  Health 
Oflficer,  giving  the  name  and  location  of  all  persons  from  whom  he 
plans  to  obtain  milk  for  *  shipment,  wMch  statements  shall  be 
substantially  as  follows: 

(Form.) 

With  Application  No (This  to  be  filled  in  by  Health  Officer). 

Applicant's    signature 

Applicant's    addi-ess    

Said  applicant  expects  to  obtain  for  shipment,  subject  to  the  laws  and 
ordinances  in  force  in  the  city  of  Louisville,  a  part  of    his  supply  of  milk 

( approximately gallons    daily )    from 

(Name) (Address) .who   holds   Health    Department 

Permit   No which    expires 

and  no  permit  shall  be  issued  by  the  Health  Officer  to  said  ap- 
plicant unless  every  person  from  whom  said  applicant  plans  to 
obtain  milk  for  aforesaid  purpose  has  had  issued  to  him  a  per- 
mit to  sell  milk  in  the  city  of  Louisville,  which  is  still  in  force 
on  the  date  of  said  application,  and  every  permit  shall  become 
invalid  if  the  holder  of  said  permit  offers  for  sale  or  sells  milk 
which  is  not  obtained  from  a  person  holding  a  Health  Depart- 
ment permit,  which  has  been  granted  and  is  legally  in  force. 

Every  other  person  desiring  to  sell  milk  for  consumption  in 
the  city  of  Louisville  shall  make  application  therefor  to  the 
Health  Officer  on  a  blank  form,  to  be  furnished  by  the  Health 
Officer,  which  application  shall  be  substantially  as  follows: 

(Form.) 

"Application    No Date 

Name  of  applicant  (or  of  applicants,  if  a  firm  or  partnership) 

Residence  and  postoffice  address  of  applicant   (or  applicants) 

Corporate  name,  if  applicant  be  a  corporation 

Name  of  person  upon  whom  process  may  be  served,  if  application  be  a  cor- 
poration, firm,  partnership  or  association 


MILK. 411 

Place  or  places  of  business  in  the  city  of  Louisville 

No street,    between    and streets. 

In  applying  for  this  permit  are  you  acting  directly  or  indirectly  for  any 
person,  firm  or  corporation  or  partnership  whose  permit  to  sell  milk  in  the 
city  of  Louisville  has  been  revoked  within  six  months  of  the  date  of    this 

application?    

Signature  of  applicant " 

As  a  part  of  said  application  to  sell  milk,  there  shall  accom- 
pany it,  and  be  filed  with  it,  one  or  more  written  statements  of 
the  applicant,  containing  the  name  and  address  of  the  person 
or  persons  from  whom  all  the  milk  to  be  offered  for  sale  or  sold 
by  aforesaid  applicants  is  to  be  obtained,  the  number  of  the  per- 
mit or  permits  under  which  the  milk  for  sale  is  to  be  produced, 
and  the  date  or  dates  of  expiration  of  such  permit  or  permits. 

Such  information  shall  be  written  out  on  blanks  furnished  by 
the  Health  Officer  and  shall  be  substantially  as  follows : 

(Form.) 

With  application  No (To  be  filled  by  Health  Officer), 

I,  ,  applicant  for  a  permit  to  sell  milk  in  the 

city  of  Louisville,  desire   to  obtain,  subject  to  the  laws  and  ordinances  in 
force  in  the  city  of  Louisville,  the  whole,  a  part,  of  my  supply  (approximately 

gallons  daily)    from Address 

who  holds  Health  Department  Permit  No which  expires. . .  (date)  .... 

and  no  permit  shall  be  issued  by  the  Health  Officer  to  said  ap- 
plicant unless  every  person  from  whom  said  applicant  plans  to 
obtain  milk  for  the  aforesaid  purpose  has  had  issued  to  him 
a  permit  to  sell  milk  in  the  city  of  Louisville  which  is  still  in 
force  on  the  date  of  said  application,  and  every  permit  shall 
become  invalid  if  the  holder  of  said  permit  offers  for  sale  or  sells 
milk  which  is  not  obtained  from  a  person  holding  a  Health  De- 
partment permit  which  has  been  granted  and  is  legally  in  force. 
§  3.  As  soon  as  practicable  after  the  receipt  of  the  applica- 
tion for  any  such  permit,  said  Health  Officer  shall  make  or  cause 
to  be  made,  an  examination  of  the  premises  and  equipment,  and 
of  the  cattle,  which  it  is  intended  to  use  for  or  in  connection  with 
the  producing,  holding,  offering  for  sale,  or  selling  of  such  milk, 
and  if  they  be  found  to  conform  with  the  provisions  of  this  ordi- 
nance and  all  other  lawful  requirements,  said  Health  Officer 
shall,  without  cost  to  the  applicant,  issue  the  permit  applied  for : 


412 MILK. 

Provided,  that  permits  to  sell  or  distribute  in  or  to  bring 
or  send  milk  into  said  city  shall  be  issued  on  condition  that  in 
all  matters  pertaining  to  the  production,  handling,  shipping  and 
selling  of  milk,  the  holder  of  the  permit  will  be  governed  by  the 
laws  and  regulations  in  force  in  the  city  of  Louisville. 

And,  provided  further,  that  no  person  shall  send  or  bring 
into  the  city  of  Louisville  for  sale  for  human  consumption  any 
milk  that  cannot  lawfully  ibe  sold  for  human  consumption  accord- 
ing to  the  laws  of  the  State  of  Kentucky. 

And,  provided  further,  that  pending  action  by  the  Health 
Officer  upon  aforesaid  application  for  permit,  said  Health  Offi- 
cer may,  if  he  be  satisfied  from  written  affidavit  of  applicant 
and  from  previous  inspections  that  said  applicant's  source  of 
milk  supply  conforms  in  all  respects  to  this  ordinance,  issue  to 
said  applicant  a  temporary  permit  pending  the  examination  re- 
quired by  this  ordinance,  such  temporary  permit,  however,  not 
to  be  valid  for  more  than  four  months,  and  in  no  event  shall  such 
permit  be  valid  after  the  completion  of  the  examination  required 
to  be  made  by  this  ordinance. 

§  4.  Whenever  any  person,  producing  milk  for  sale  in  the 
city  of  Louisville,  or  selling  or  exposing  for  sale,  or  having  in 
his  possession  for  sale,  any  milk  in  the  city  of  Louisville,  plans 
to  change  in  whole  or  in  part  the  source  of  his  milk  supply  from 
that  specified  in  his  application,  such  person  shall  file  an  amend- 
ed application  with  the  Health  Officer  conforming  with  all  the 
requirements  of  Section  2  of  this  ordinance. 

§  5.  The  furnishing  of  the  statements  required  by  this 
ordinance  shall  not  of  itself  entitle  any  person,  firm  or  corpora- 
tion to  sell  milk  in  the  city  of  Louisville,  but  the  Health  Officer 
may  demand  other  and  further  evidence,  and  be  guided  by  other 
and  further  evidence,  in  granting  any  permit.  The  granting  of 
the  permits  herein  referred  to  shall  not  be  held  to  dispense  with 
any  other  lawful  requirement,  condition  or  license  fee. 

§  6.  The  Health  Officer  shall  refuse  to  grant  a  permit  to  sell 
milk  in  the  city  of  Louisville  in  any  of  the  following  cases: 

1.  When  any  applicant  does  not  meet  the  requirements  im- 
posed by  Sections  2  and  3  of  this  ordinance. 

2.  When  any  applicant  for  a  permit  to  sell  milk  or  amended 
application  to  sell  milk  contains  a  false  statement,  wilfully  made. 


MILK. 413 

3.  When  any  part  of  the  milk  sought  to  be  sold  by  the  appli- 
cant cannot  lawfully  be  sold ;  or  when  any  part  of  the  milk  sought 
to  be  sold  is  obtained,  kept,  stored,  or  handled  in  a  manner  con- 
trary to  that  prescribed  by  this  ordinance;  or  when  the  animals 
from  which  any  part  of  said  milk  is  obtained  are  fed,  kept, 
milked  or  handled  in  a  manner  contrary  to  that  prescribed  by 
this  ordinance;  or  when  any  part  of  said  milk  is  obtained  from 
d  dairy  or  dairy  farm  conducted  or  maintained  in  a  manner  con- 
trary to  that  prescribed  by  this  ordinance,  whether  the  keeping, 
storing  or  handling  of  such  milk,  or  the  feeding,  keeping,  milk- 
ing, or  handling  of  such  cows  takes  place  in  the  city  of  Louisville 
or  elsewhere,  or,  whether  such  dairy  or  dairy  farm  is  conducted 
or  maintained  in  the  city  of  Louisville  or  elsewhere. 

4.  Whenever  the  person  seeking  to  sell  milk  in  the  city  of 
Louisville  has  been  duly  convicted  of  two  separate  offenses  re- 
lating to  the  sale  of  milk,  whether  such  conviction  takes  place 
in  the  State  of  Kentucky  or  elsewhere,  or  under  this  ordinance 
or  otherwise. 

§  7.  No  fee  shall  be  charged  by  the  Health  Officer  for  issuing 
the  permits  herein  referred  to,  or  for  furnishing  the  blank  forms 
herein  specified,  or  for  performing  any  other  act  or  duty  required 
or  permitted  by  this  ordinance. 

§  8.  Every  person  to  whom  such  a  permit  shall  be  granted, 
whether  he  be  a  producer,  distributer,  retailer,  or  handler,  shall 
keep  the  same  continuously  and  conspicuously  posted  in  his  place 
of  business. 

§  9.  All  permits  shall  expire  one  year  from  date  of  issual ; 
excepting  temporary  permits  mentioned  in  Section  3. 

REVOCATION  OF  PERMITS. 
§  10.     The  Police  Court  of  the  city  of  Louisville  shall  revoke 
permits  for  the  sale  of  milk  in  the  city  of  Louisville  in  any  of 
the  following  cases : 

1.  Whenever  any  application  or  amended  application,  which 
has  been  used  in  obtaining  such  permit,  contains  a  false  state- 
ment, wilfully  made. 

2.  When  the  defendant  has  sold,  or  had  in  his  possession 
for  sale,  any  milk  which  cannot  lawfully  be  sold;  or  when  he 
has  sold  any  milk,  or  had  in  his  possession  for  sale  any  milk, 
which  has  been  obtained,  kept,  stored  or  handled  in  a  manner 


414 MILK. 

contrary  to  that  prescribed  by  this  ordinance,  or  when  any  part 
of  the  milk  sold,  or  in  his  possession  for  sale,  is  obtained  from 
a  dairy  or  dairy  farm  conducted  or  maintained  in  a  manner 
contrary  to  that  prescribed  in  this  ordinance,  whether  the  keep- 
ing, storing  or  handling  of  such  milk,  or  the  feeding,  keeping, 
milking  or  handling  of  such  cows  takes  place  in  the  city  of  Louis- 
ville, or  elsewhere,  or  whether  such  dairy  or  dairy  farm  is  con- 
ducted or  maintained  in  the  city  of  Louisville  or  elsewhere. 

3.  When  the  defendant  has  been  duly  convicted  of  two  sep- 
arate offenses  relating  to  the  sale  of  milk,  whether  such  con- 
viction takes  place  in  the  State  of  Kentucky  or  elsewhere  or 
under  this  ordinance  or  otherwise. 

The  revocation  of  a  permit  for  the  sale  of  milk  shall  ipso 
facto  forfeit  all  license  fees  for  the  unexpired .  term  for  which 
such  license  fees  were  paid. 

§  11.  No  permit  for  the  sale  of  milk  shall  be  revoked  until 
the  party  proceeded  against  shall  be  summoned  by  a  notice  in 
writing,  issued  by  the  clerk  of  the  Police  Court,  or  his  deputy, 
at  the  instance  of  any  party  complaining,  which  notice  shall 
specify  briefly  the  ground  upon  which  said  revocation  is  sought, 
and  shall  be  served  in  the  manner  required  by  the  Civil  Code 
of  Practice  for  the  service  of  a  summons,  provided  that  such 
notice  may  also  be  served  upon  the  person  designated  in  the 
appHcation  mentioned  in  Section  2  of  this  ordinance,  as  the  per- 
son upon  whom  process  may  be  served,  and  provided  also  that 
said  notice  shall  require  the  defendant  to  appear  on  the  third 
day  after  the  day  of  service  of  such  notice,  unless  such  third  day 
be  a  Sunday  or  legal  holiday,  in  which  event  the  defendant  shall 
appear  on  the  next  regular  week  day  that  is  not  a  legal  holiday. 

§  12.  No  person  whose  permit  shall  have  been  revoked  shall 
thereafter  directly  or  indirectly  through  another  person  obtain 
a  permit  within  six  months  from  the  time  of  such  revocation. 

MILK. 

§  13.  The  term  "Milk"  as  used  in  this  ordinance  shall  be 
held  to  include  skimmed  milk,  cream,  buttermilk,  ice  cream, 
curds  and  whey. 

§14.  No  person  shall  in  the  city  of  Louisville  exchange  or 
deliver  or  have  in  his  custody  or  possession  with  intent  to  sell, 
exchange  or  deliver,  any  milk,  knowing  that  such  milk  was  sold. 


MILK. 415 

exchanged  or  delivered  or  brought  or  sent  into  said  city,  with- 
out proper  permit  so  to  do,  or  after  the  revocation  thereof. 

§  15.  All  milk  from  sick  or  diseased  cows,  or  from  cows  fed 
on  refuse  or  slops  from  distilleries,  breweries,  vinegar  factories 
or  any  other  slop,  mash  or  refuse  which  has  been  or  is  in  a  state 
of  fermentation,  and  all  milk  containing  any  poisonous  or  de- 
leterious ingredient,  and  all  milk  kept  or  handled  in  violation 
of  this  ordinance,  shall,  upon  discovery  thereof,  be  immediately 
seized  by  or  under  the  direction  of  the  Health  Officer  or  his 
assistants,  or  by  the  City  Chemist  or  Bacteriologist,  or  the  sani- 
tary inspectors  of  the  Health  Department,  or  by  any  other  per- 
son or  persons  properly  designated  and  authorized  by  the  Health 
Officer,  and  it  shall  be  the  duty  of  any  police  officer  at  or  near 
the  place  of  such  seizure  to  assist  the  Health  Officer  or  his  assist- 
ants to  make  such  seizure  when  called  upon  to  do  so.  At  the 
time  of  such  seizure,  or  as  soon  thereafter  as  it  can  be  done,  the 
officer  or  person  making  such  seizure  shall  deliver  to  the  person 
in  charge  of  such  milk  (or  if  no  person  be  found  in  charge  of 
same,  shall  post  in  a  conspicuous  place  near  or  at  the  place  of 
seizure)  a  written  notice  warning  all  persons  interested  in  the 
milk  so  seized  to  appear  before  the  Ac^ting  Police  Judge  of  the 
city  of  Louisville  at  a  time  and  place  to  be  stated  in  such  notice 
(which  time  shall  not  be  less  than  one  hour  or  more  than  twenty- 
four  hours  from  the  time  of  seizure)  to  show  cause,  if  they  can, 
why  such  milk  shall  not  be  declared  confiscated  and  forfeited  and 
ordered  to  be  destroyed.  Upon  such  hearing  said  Police  Judge 
shall  declare  forfeited  and  confiscated  and  order  destroyed  all 
milk  which  is  the  product  of  sick  or  diseased  cows,  or  of  cows 
fed  on  refuse  or  slops  from  distilleries,  breweries,  vinegar  fac- 
tories, or  any  other  slop,  mash  or  refuse  which  has  been  or  is  in 
a  state  of  fermentation,  and  all  milk  containing  any  poisonous  or 
deleterious  ingredient,  and  all  milk  kept  or  handled  in  violation 
of  this  ordinance.  If  at  the  time  of  such  forfeiture,  no  person 
appear  to  resist  the  forfeiture,  the  cause  of  forfeiture  shall  be 
deemed  confessed  and  shall  be  so  ordered,  together  with  the  de- 
struction of  such  milk.  Milk  which  cannot  be  confiscated,  for- 
feited and  destroyed  under  authority  of  this  section  shall,  upon 
demand  of  the  person  from  whose  custody  it  was  taken,  be  de- 
livered up  to  such  person. 


416 MILK.  

§  16.  No  "Pasteurized"  milk  shall  be  held,  offered  for  sale 
or  sold  in  the  city  of  Louisville  unless  it  bears  on  each  bottle  or 
other  receptacle  or  the  label  of  each  bottle  or  other  receptacle 
the  word  "Pasteurized,"  and  in  addition  figures  stating  plainly 
and  truthfully  the  temperature  to  which  the  contents  have  been 
heated,  the  length  of  time  for  which  it  has  been  subjected  to  such 
temperature,  and  the  day  on  which  said  pasteurization  took 
place. 

§  17.  The  presence  of  any  milk  which  is  forbidden  by  law 
or  ordinance  to  be  sold  in  the  city  of  Louisville  or  to  be  brought 
or  sent  into  the  city  of  Louisville  in  or  about  the  place  of  busi- 
ness of  any  person  dealing  in  milk,  or  in  or  about  any  vehicle 
used  by  any  such  person  for  the  delivery  of  any  such  article  shall 
be  prima  facie  evidence  of  an  intent  on  the  part  of  such  person 
to  sell  the  same  and  of  the  fact  that  he  is  holding  or  offering  the 
same  for  sale. 

EQUIPMENT  AND  CLEANLINESS. 

§  18.  No  barn  or  other  building  shall  be  used  for  stabling 
cows  for  dairy  purposes  which  is  not  well  constructed,  lighted 
and  ventilated,  or  which  is  not  provided  with  a  suitable  floor  and 
properly  drained,  or  which  contains  less  than  500  cubic  feet  of 
clear  space  for  each  cow. 

The  ties  or  stanchions  shall  be  so  constructed  that  each  cow 
shall  have  a  space  at  least  31/2  feet  in  width. 

§  19.  Every  person  using  premises  for  keeping  cows  for 
dairy  purposes  shall  keep  the  entire  premises  clean  and  the 
buildings  well  varnished,  painted  or  whitewashed,  and  no  ac- 
cumulation of  manure  or  filth  shall  be  allowed  within  the  dairy 
stable,  but  shall  be  removed  at  least  twice  daily  to  a  point  not 
less  than  thirty  feet  distant  from  the  stable  and  milk  house. 

§  20.  Milkers  and  those  engaged  in  the  handling  of  milk  shall 
maintain  strict  cleanliness  of  their  hands  and  persons  while  milk- 
ing or  handling  the  milk.    Milkers  shall  not  milk  with  wet  hands. 

§  21.  All  cans,  vessels  and  receptacles  used  in  the  handling 
of  milk,  as  well  as  all  vehicles,  refrigerators,  compartments  and 
stores,  or  other  places  where  milk  is  kept,  stored  or  handled, 
shall  be  kept  and  rriaintained  scrupulously  clean,  and  shall  be 
kept  free  from  the  presence  or  vicinity  of  any  article  of  any 
kind  likely  to  contaminate  or  injuriously  affect  the  quality  or 


MILK. 417 

taste  of  said  milk.  All  cans,  vessels  and  receptacles  in  which 
milk  is  kept  shall  be  sterilized  with  boiling  water  or  live  steam 
each  time  they  are  used,  and  all  cans,  measures  and  dippers,  and 
all  other  utensils  and  appliances  used  in  handling  milk  shall  be 
scalded  or  sterilized  daily,  and  all  bottles  in  which  milk  is  dis- 
tributed shall  be  washed  clean  and  sterilized  each  time  they  are 
used.  All  rooms  or  spaces  in  which  milk  is  handled  or  subjected 
to  any  process  shall  be  scrupulously  cleaned  at  least  once  each 
day,  shall  be  amply  lighted  by  daylight,  drained  in  a  sanitary 
manner  and  properly  ventilated. 

§  22.  Any  person  using  any  premises  for  keeping  cows  for 
dairy  purposes  shall  provide  and  use  a  sufficient  number  of 
receptacles  of  non-absorbent  material  for  the  reception,  stor- 
age and  delivery  of  milk,  and  shall  keep  them  clean  and  whole- 
some at  all  times,  and  at  milking  time  shall  remove  each  re- 
ceptacle, as  soon  as  filled,  from  the  stable  or  room  or  place  in 
which  the  cows  are  kept  or  milked.  Milk  shall  not  be  stored  or 
kept  within  any  room  used  for  stabling  cows  or  other  domestic 
animals,  or  in  any  room  used  as  a  bedroom  or  living  room. 

Shippers'  cans  shall  not  be  used  for  the  storage  of  milk  by 
the  dealer  or  consumer,  but  shall  be  returned  to  the  shipper  or 
owner  sterilized  and  clean  within  twenty-four  hours  after  they 
shall  have  been  received.  Cans  which  are  rusty  inside  or  badly 
dented  or  mashed  cans  or  containers  shall  not  be  used  for  the 
transportation  or  storage  of  milk. 

§  23.  Every  person  keeping  cows  for  the  production  of  milk 
for  sale  shall  cause  the  same  to  be  kept  clean  and  wholesome  at 
all  times  and  shall  cause  the  teats,  and  if  necessary,  the  udders, 
to  be  carefully  cleaned  by  brushing,  washing  or  wiping  before 
milking,  and  shall  cause  each  of  such  cows  to  be  properly  fed  and 
watered. 

§  24.  No  person  shall  keep,  or  have  in  his  possession,  in  any 
stable,  lot  or  pasture,  or  other  place  where  dairy  animals  are 
fed  or  kept,  nor  within  100  feet  thereof,  any  slops  or  refuse  of 
any  distillery,  brewery,  or  vinegar  factory,-  or  any  similar  slops, 
mash  or  refuse. 

The  presence  of  hogs  or  beef  cattle  at  or  near  such  stables 
shall  not  be  construed  as  a  valid  reason  for  the  hauling  to  or  the 
presence  in  or  near  said  stables  of  distillery  swill  or  other  ma-' 


418  MILK. 

terials  specified  in  this  section,  and  hogs  and  other  animals  are 
to  be  permitted  only  in  places  where  their  presence  interferes 
in  no  way  with  the  provisions  of  this  ordinance. 

All  wagons  or  other  conveyances  used  for  hauling  or  convey- 
ing distillery  swill  or  other  materials  specified  in  this  section, 
shall  have  painted  plainly  and  legibly  on  both  sides  thereof  in 
letters  not  less  than  four  inches  high  in  a  position  where  it  may 
be  easily  read  by  the  passerby,  the  name  of  the  owner  of  said 
wagon  or  conveyance. 

It  shall  be  the  duty  of  any  police  officer  of  the  city  of  Louis- 
ville having  knowledge  of  a  violation  of  this  section  to  promptly 
report  the  same  in  writing  to  the  Health  Officer. 

§  25.  That  no  person  shall  sell,  exchange,  deliver,  rent,  bor- 
row or  buy  any  cow,  to  'be  used  for  the  production  of  milk  to  be 
sold  in  the  city  of  Louisville,  knowing  that  such  cow  is  unfit  for 
that  purpose  by  reason  of  disease  or  injury. 

TRANSPORTATION  AND  DELIVERY. 

§  26.  Whenever  any  milk  sold  or  offered  for  sale  in  the  city 
of  Louisville  is  conveyed  to  said  city,  in  whole  or  in  part,  by  a 
common  carrier,  the  cans  containing  such  milk  shall,  before  de- 
livery to  such  common  carrier,  be  securely  sealed  by  leaden  seals 
and  wires  (such  as  are  commonly  used  in  sealing  milk  cans)  in 
such  manner  as  to  prevent  the  removal  of  the  contents  of  said 
can  without  breaking  said  seal. 

Whenever  it  is  necessary  for  an  inspector  to  remove  a  sample 
of  milk  from  such  a  sealed  can  in  transit,  the  can  shall  be  re- 
sealed  by  the  inspector  with  a  leaden  seal  and  so  stamped  as  to 
show  the  consignee  that  the  can  was  last  closed  by  some  agent 
of  the  Health  Office. 

And  no  milk  which  has  been  transported  in  whole  or  in  part 
by  a  common  carrier  shall  be  sold  or  offered  for  sale  in  the  city 
of  Louisville  unless  the  seal  on  the  receptacle  in  which  the  milk 
is  contained  is  unbroken  when  received  from  such  common  car- 
rier. 

§  27.  All  wagons  or  other  vehicles  used  for  transportation  or 
peddling  milk  shall  be  provided  with  a  suitable  top  or  cover  for 
protecting  the  milk  from  the  heat  of  the  sun,  and  shall  have 
painted  plainly  and  legibly  on  both  sides  thereof  in  letters  at 


MILK. 419 

least  three  (3)  inches  high,  in  a  position  where  it  may  be  easily 
read  by  the  passerby,  the  name  of  the  owner  of  the  wagon,  or  of 
the  milk  which  it  contains,  the  location  of  his  place  of  business 
and  the  number  of  the  wagon.  It  shall  be  the  duty  of  any  police 
officer  of  the  city  of  Louisville  to  watch  for  violations  of  this 
section  and  promptly  report  the  same  in  writing  to  the  Health 
Officer.  Persons  using  more  than  one  wagon  for  carrying  milk 
shall  number  such  wagons  consecutively,  said  numbers  being 
placed  on  the  wagon  as  above  provided. 

§  28.  No  person  shall  use  any  wagon  or  other  vehicle  for 
the  transportation  or  the  delivery  of  milk  which  wagon  or  ve- 
hicle is  not  clean  and  free  from  any  material  liable  to  contami- 
nate such  milk. 

§  29^.  No  person  shall  hold  for  sale  or  sell  milk  in  a  bottle 
bearing  the  name  of  any  other  person,  firm,  company  or  cor- 
poration which  sells  milk,  unless  said  person  be  the  duly  author- 
ized agent  of  said  person,  firm,  company  or  corporation.* 

§  30.  In  the  city  of  Louisville  no  person  shall  furnish  milk 
tickets  to  any  purchaser  of  milk  other  than  tickets  in  coupon 
or  book  form,  nor  use  again  tickets  that  have  been  previously 
used. 

§  31.  No  person  shall,  in  the  city  of  Louisville,  fill  or  partly 
fill  with  milk  any  receptacle  which  is  to  be  delivered  to  the  pur- 
chaser of  such  milk  unless  such  receptacle  is  in  a  clean  and  sani- 
tary condition,  and  if  previously  used,  has  since  last  used  been 
properly  cleaned  and  sterilized  in  a  duly  licensed  dairy  or  on  a 
duly  licensed  dairy  farm. 

INFECTIOUS  DISEASES. 

§  32,  Every  person  holding  a  permit  to  produce,  hold  or  offer 
for  sale,  or  to  sell  milk  in  the  city  of  Louisville,  shall  notify  the 
Health  Officer  of  said  city  in  writing  of  the  occurrence  of  typhoid 
fever,  diphtheria,  scarlet  fever,  tuberculosis  or  of  any  other  con- 
tagious or  infectious  disease  among  persons  working  in  connec- 
tion with  the  business  authorized  by  such  permit,  or  in  the  family 
of  such  person,  or  among  persons  dwelling  on  the  premises  where 
such  business  is  conducted,  and  of  the  occurrence  of  any  con- 
tagious or  infectious  disease  of  the  udder  among  the  cattle  on 

*See  Com.  v.  Goldberg,  167  Ky.  96;  180  S.  W.  68;  Sees.  1279,  1279a  Ky.  St. 


420 MILK. 

the  premises  on  which  the  milk  sold  by  him  is  produced,  such 
notice  to  be  forwarded  to  said  Health  Officer  immediately  after 
the  person  holding  such  permit  becomes  aware  of  the  existence 
of  any  such  disease  as  aforesaid. 

No  person  suffering  from  or  liable  to  communicate  to  other 
persons  typhoid  fever,  scarlet  fever,  diphtheria,  tuberculosis,  or 
any  other  contagious  or  infectious  disease,  shall  work  in  or 
about  the  producing,  holding  or  offering  for  sale,  or  the  selling 
of  milk,  intended  for  consumption  in  the  city  of  Louisville.  No 
person  having  authority  and  power  to  prevent  shall  knowingly 
permit  any  person  aforesaid  so  to  do. 

§  38.  Under  no  circumstances  shall  any  milk  dealer  or  the 
employe  of  any  milk  dealer  take  from  any  quarantined  house  any 
can  or  bottle,  or  enter  such  a  house  for  any  purpose  whatever 
without  written  permission  from  the  Health  Officer. 

DUTIES  OF  HEALTH  OFFICER  AND  ASSISTANTS. 

§  34.  It  shall  be  the  duty  of  the  Health  Officer  of  the  city  of 
Louisville,  and  of  such  agents  or  employes  in  the  service  of  the 
Health  Department  as  he  may  designate  for  that  purpose,  to  en- 
force the  provisions  of  this  ordinance  and  of  all  the  regulations 
made  by  the  authority  thereof. 

At  the  end  of  each  month  the  Health  Officer  shall  compile  a 
list  of  the  names  and  addresses  of  all  persons  who  have  unsuc- 
cessfully applied  to  sell  milk  in  the  city  of  Louisville,  or  whose 
permit  to  sell  milk  in  the  city  of  Louisville  has  been  revoked  dur- 
ing that  month. 

At  the  end  of  each  month  the  Chemist  and  Bacteriologist  shall 
make  a  complete  report  to  the  Health  Officer  of  all  the  examina- 
tions of  milk  which  have  been  made  during  the  month,  giving 
names  and  locations  of  the  venders  from  whom  samples  were 
obtained  and  a  full  report  as  to  the  examination  of  each  sample. 

The  reports  provided  for  in  this  section  shall  be  matters  of 
public  record,  and  the  Health  Officer  shall  furnish  a  copy  to  any 
person  who  may  request  such  copy. 


MILK. 421 

INSPECTION. 

§35.  Any  officer,  agent  or  employe  representing  the  Health 
Department  or  police  officer  of  the  city  of  Louisville,  shall,  at  all 
times,  have  right  of  entry  for  inspection  to  any  dairy  farm  or 
stable  where  milk  is  produced  which  is  to  be  sold  within  the  city 
of  Louisville;  and  to  any  building,  premises  or  place  of  any  kind 
where  milk  is  stored  or  kept  for  sale,  and  to  any  wagon,  railroad 
car  or  other  vehicle  of  any  kind  used  for  the  conveyance  of  milk 
to  be  sold  in  the  city  of  Louisville ;  and  such  officer,  agent  or  em- 
ploye shall  at  all  times  have  the  right  to  inspect  all  cattle,  ap- 
paratus, appliances,  utensils  and  other  equipment  used  in  con- 
nection with  the  production,  handling,  transportation  or  distri- 
bution of  milk  to  be  sold  or  offered  for  sale  in  the  city  of  Louis- 
ville; and  such  officer,  agent  or  employe  shall  have  the  right  at 
any  time  to  take  samples  of  milk  therefrom,  without  compensa- 
tion, for  the  purpose  of  examination  or  analysis,  such  samples 
not  to  exceed  one  quart  from  each  can  or  receptacle.  In  cases 
where  milk  is  sold  by  bottle,  the  bottle,  with  its  contents,  may  be 
taken  as  a  sample  for  examination. 

No  person  shall  interfere  with  said  Health  Officer,  or  with 
any  agent  or  employe,  in  the  performance  of  his  official  duty, 
when  such  person  has  reasonable  ground  for  recognizing  said 
Health  Officer,  or  agent,  or  employe  in  his  official  capacity,  nor 
shall  any  person  hinder,  prevent  or  refuse  to  permit  any  inspec- 
tion or  examination  aforesaid. 

§  36.  Every  person  holding,  or  offering  for  sale  in  the  city 
of  Louisville,  milk,  shall  at  all  times  keep  posted  conspicuously 
in  his  place  of  business,  on  forms  furnished  by  and  the  property 
of  the  Health  Department,  in  plain  letters,  not  less  than  one  inch 
high,  so  that  the  same  may  be  easily  read  by  purchasers  of  such 
milk,  the  name  or  names  of  the  person  or  persons  from  whom 
the  milk  offered  for  sale  has  been  obtained ;  excepting  that  when 
such  names  would  exceed  six  (6)  in  number,  the  names  and  cor- 
responding addresses  may  be  typewritten  on  sheets  of  paper  or 
in  a  book  and  attached  to  said  permit,  and  a  copy  of  this  type- 
written list,  corrected  to  the  first  day  of  each  month,  shall  be 
sent  to  the  Health  Office  by  the  fifteenth  (15)  day  of  the  same 
month. 


422 MILK. 

§  37.  The  word  "person,"  as  used  in  this  ordinance,  shall  be 
construed  to  include  any  firm,  association  or  corporation,  and 
the  officers,  agents  or  employes  of  either.  The  singular  shall  be 
construed  to  include  the  plural,  and  the  plural  the  singular,  num- 
ber. 

§  38.  The  words  "Health  Officer,"  as  used  in  this  ordinance, 
shall  be  construed  to  mean  the  chief  officer,  having  active  charge 
of  the  duties  of  the  Health  Department,  or  Board  of  Health  of 
the  city  of  Louisville,  by  whatever  name  or  title  said  functions 
may  be  performed, 

§  39.  The  word  "sell,"  as  used  in  this  ordinance,  shall  be 
construed  to  include  any  process  or  device  whereby  the  posses- 
sion of  milk  is  transferred,  for  money  or  other  thing  of  value, 
from  one  person  to  another,  whether  by  wholesale  or  retail,  and 
whether  in  boarding  houses,  restaurants,  hotels,  eating  houses, 
lunch  rooms,  lunch  counters,  cafes,  saloons,  stores,  dairies,  gro- 
ceries, bakeries,  or  elsewhere. 

§  40.  The  expression  "milk  which  cannot  be  lawfully  sold," 
or  its  equivalent,  as  used  in  this  ordinance,  shall  be  construed 
to  include  milk  that  cannot  be  lawfully  sold  under  the  statutes 
or  laws  of  this  State  or  of  the  United  States,  or  under  this  or 
any  other  ordinance  of  the  city  of  Louisville,  whether  such  stat- 
ute, law,  or  ordinance  be  now  existing,  or  be  hereafter  adopted, 
declared  or  enacted. 

§  41.  Each  day's  failure  or  neglect  to  do  any  of  the  things 
prescribed  by  this  ordinance  shall  constitute  a  separate  offense. 
Each  day's  continuance  of  any  action  or  condition  of  affairs  pro- 
hibited by  this  ordinance  shall  constitute  a  separate  offense. 

§  42.  Any  person,  firm,  company  or  corporation,  who  shall 
violate  any  of  the  provisions  of  this  ordinance,  shall  be  fined 
for  such  offense  not  less  than  ($15)  nor  exceeding  one  hundred 
dollars. 

This  ordinance  shall  not  be  construed  to  prohibit  or  punish 
any  offense  now  prohibited  or  punished,  or  hereafter  prohibited 
or  punished  by  any  statute  of  the  State  of  Kentucky,  under  which 
a  punishment  exceeding  a  fine  of  $100.00  can  be  imposed. 

§  43.  An  ordinance  entitled,  "An  Ordinance  Regulating  the 
Sale  of  Milk,"  approved  May  14,  1898,  and  all  ordinances  in  con- 
flict herewith  are  hereby  repealed. 

§  44.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  April  26,  1909.)     (See  Food  Adulteration.) 


MISSISSIPPI   VALLEY   WATERWAYS  ASSOCIATION. 423 

MISSISSIPPI  VALLEY  WATERWAYS  ASSOCIATION. 

Appropriation  For.     • 

AN   ORDINANCE   for   the   benefit   of   the   Mississippi   Valley 
Waterways  Association. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  there  is  hereby  appropriated  out  of  the  fund  for 
general  purposes  for  the  fiscal  year  ending  August  31,  1918,  the 
sum  of  one  hundred  and  fifty  ($150.00)  dollars  for  the  pur- 
poses of  the  Mississippi  Valley  Waterways  Association  and  the 
Comptroller  is  hereby  authorized  and  directed  to  draw  a  voucher 
in  favor  of  the  said  Mississippi  Valley  Waterways  Association 
in  the  sum  of  one  hundred  and  fifty  ($150.00)  dollars  and  charge 
said  sum  to  the  account  of  incidental  expenses. 

§  2.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  September  4,  1918.) 


MONUMENTS. 

Protection  of  Geodetic  Tablets. 

AN  ORDINANCE  for  the  protection  of  monuments  erected  by 
the  Commissioners  of  Sewerage  of  Louisville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  unlawful  for  any  person  to  either  re- 
move, deface,  mutilate,  or  in  any  other  way  disturb  the  stone 
monuments  or  tablets  thereon,  now  erected,  or  which  may  here- 
after be  erected  by  the  Commissioners  of  Sewerage  of  Louisville, 
which  monuments  are  for  the  purpose  of  indicating  the  geodetic 
position  and  elevation  with  respect  to  sea  level. 

§  2.  Any  one  violating  the  provisions  of  this  ordinance  shall 
be  fined  not  less  than  fifty  ($50)  or  exceeding  one  hundred  dol- 
lars ($100),  or  be  imprisoned  not  less  than  ten  (10)  or  exceed- 
ing thirty  (30)  days,  or  both. 

§  3.  This  ordinance  shall  take  effect  from  and  after  i%s  pub- 
lication.    {ApprovedMay^l,l^QQ.)     {See  also  Advertisements.) 


424 MOTOR  VEHICLES — MORGUE. 

MOTOR  VEHICLES, 

Destruction  of  Identification  Marks. 

AN  ORDINANCE  relating  to  the  removal,  defacement,  cover- 
ing or  destruction  of  the  manufacturer's  serial,  trade  or  dis- 
tinguishing number  or  identification  mark  on  motor  vehicles. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  It  shall  be  unlav^ful  for  any  person,  firm  or  corporation 
to  remove,  deface  or  destroy  the  manufacturer's  serial,  trade  or 
distinguishing  number  or  identification  mark  on  any  motor  ve- 
hicle. 

§  2.  It  shall  be  unlawful  for  any  person,  firm  or  corporation 
to  have  in  his  or  her  possession  any  motor  vehicle  from  which 
the  manufacturer's  serial  trade  or  distinguishing  number  or 
identification  mark  has  been  removed,  defaced,  covered  or  de- 
stroyed for  the  purpose  of  concealing  or  destroying  the  identity 
of  such  motor  vehicle. 

§  3.  Any  person,  firm  or  corporation  violating  any  provision 
of  this  ordinance  shall  be  fined  not  less  than  $25.00  nor  more 
than  $100.00  for  each  offense. 

§  4.     All  ordinances  in  conflict  herewith  are  hereby  repealed. 

§  5.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  September  28,  1918.) 


MORGUE. 

Establishment  and  Purpose. 

AN  ORDINANCE  to  establish  and  conduct  a  morgue  for  the 

reception  of  dead  human  bodies  in  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  There  is  hereby  established  in  the  city  of  Louisville  a 
morgue  for  the  reception  of  unclaimed  dead  human  bodies. 

§  2.  The  said  morgue  shall  be  established  at  or  near  the  cor- 
ner of  Eighth  and  Chestnut  streets  in  said  city. 

§  3.  The  said  morgue  shall  be  under  the  custody,  control,  and 
management  of  the  Board  of  Public  Safety,  and  shall  be  con- 
ducted in  accordance  with  such  rules  and  regulations  as  said 
board  may  prescribe. 


MOVING.  425 


§  4.  It  shall  be  the  duty  of  each  and  every  person  or  persons 
to  report  to  said  morgue  every  dead  human  body  which  is  un- 
claimed, and  which  comes  to  the  knowledge,  or  is  in  the  posses- 
sion or  custody  of  any  person  or  persons,  to  said  morgue,  within 
twelve  hours  from  the  death  of  any  person,  or  from  the  dis- 
covery of  any  unclaimed  dead  human  body,  or  from  the  time  any 
unclaimed  dead  human  body  comes  into  the  custody  or  control 
of  said  person  or  persons. 

,  §  5.  Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance shall  be  fined  not  less  than  twenty-five  dollars  ($25)  nor 
more  than  one  hundred  ($100)  for  each  offense. 

§  6.  An  ordinance  entitled  "An  Ordinance  to  establish  a 
morgue  in  the  city  of  Louisville  for  the  reception  of  unclaimed 
dead  human  bodies,"  approved  October  2,  1894,  and  all  other 
ordinances  in  conflict  herewith,  are  hereby  repealed. 

§  7.  This  ordinance  to  take  eflfect  from  and  after  its  publica- 
tion. (Approved  August  6,  1895.)  (See  also  Embalming; 
Burial  of  the  Dead;  Diseases.) 


MOVING. 
Household  and  Other  Goods — Report  of. 

AN  ORDINANCE  regulating  the  moving  of  household  goods, 
furniture,   pianos  and  personal  effects   of   residents  of  the 
city   of   Louisville,   whereby   their   places   of   residence   are 
changed. 
Be  it  ordained  by  the  General  Coimcil  of  the  city  of  Louisville: 
§  1.     That  it  is  made  the  duty  of  all  persons,  firms  or  corpora- 
tions, owning  or  operating  any  moving  van,  furniture  car,  trans- 
fer wagon,  express  wagon,  delivery  wagon  or  any  other  vehicle, 
who  shall  haul  or  move,  or  cause  to  be  hauled  or  moved,  any 
article  of  household  goods,  furniture,  pianos  or  personal  effects 
of  any  resident  of  the  city  of  Louisville,  changing  the  place  of 
his  or  her  residence,  to  make  a  report  thereof  to  the  Board  of 
Public  Safety  of  the  city  of  Louisville,  which  report  shall  be 
made  within  ten  days  thereafter,  on  blanks  furnished  by  said 
Board  of  Safety,  and  shall  contain  generally  the  character  of 


426  NOISES. 


property  so  moved,  the  full  name  of  the  owner  or  person  in  pos- 
session or  having  the  custody  thereof,  and  the  address  from 
which  and  to  which  said  hauling  or  moving  was  done;  the  date 
thereof  and  the  name  of  the  owner  and  person  in  charge  of  such 
vehicle. 

§  2.  It  shall  be  the  duty  of  the  Board  of  Public  Safety  to 
furnish  the  blanks  nece_ssary  for  making  such  reports  and  to 
properly  keep  said  reports  on  lile  in  the  office  of  said  board  in 
a  register  or  by  other  method,  for  preserving  the  same. 

§  3.  It  shall  be  unlawful  for  any  person,  firm  or  corporation 
procuring  the  removal  of  any  of  the  property  herein  described 
to  give  to  the  owner  or  operator  of  any  vehicle  employed  to  haul 
such  property  a  fictitious  name  or  to  refuse  to  give  the  correct 
name  of  the  owner  or  party  in  possession  of  such  property,  or  to 
wilfully  deceive  him  as  to  the  same. 

§  4.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  not  less  than  $5.00  nor 
more  than  $50.00  for  each  offense. 

§  5.  All  ordinances,  or  parts  of  ordinances,  in  conflict  here- 
with, are  hereby  repealed.  ■' 

§  6.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage, approval  and  publication.     {Approved  September  8,  1908.) 


(1)  NOISES. 

Suppression  of  Noises  Near  Hospitals. 

AN  ORDINANCE  for  the  suppression  of  unnecessary  noises 
near  hospitals  and  infirmaries  in  the  city  of  Louisville,  with 
penalty  for  violation. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  hereafter  it  shall  be  unlawful  for  any  person,  firm 
or  corporation  to  make,  or  cause,  or  permit  any  unnecessary 
noise,  or  noises,  within  two  hundred  feet  of  any  hospital  or  in- 
firmary in  the  city  of  Louisville,  by  driving,  or  riding  at  a  rapid 
gait,  ringing  of  bells,  blowing  of  horns,  whistles,  or  other  de- 
vice, or  instrument  or  the  striking  of  gongs  or  discharging  of 
fireworks  or  in  any  other  way. 


NOISES.  427 


§  2.     That  any  person,  firm  or  corporation  violating  this  ordi- 
nance shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  fined  not  less  than  five  ($5)  dollars,  nor  more  than  fifty  ($50) 
dollars,  for  each  offense. 

.  §  3.  That  authority  is  hereby  given  to  those  in  charge  of  such 
hospitals  or  infirmaries  to  put  up  in  a  conspicuous  place,  or 
places,  so  as  to  not  to  interfere  with  public  travel,  and  subject 
to  the  approval  of  the  Board  of  Public  Works  if  placed  on  the 
streets  or  sidewalks,  appropriate  signs  or  warnings  calling  atten- 
tion to  the  existence  of  this  law. 

§  4.     This  ordinance  shall  become  effective  ten  days  after  its 
publication.     {Approved  December  7,  1910.) 
(See  also  (3)  Railroads.) 


(2)  NOISES. 

Unnecessary  Blowing  of  Steamboat  Whistles. 

AN    ORDINANCE    prohibiting    the    unnecessary    blowing    of 

steamers'  whistles  while  lying  at  the  city  wharf. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  it  shall  'be  unlawful  for  any  person  or  persons 
operating,  or  causing  to  be  operated,  any  excursion  or  other 
steamer,  to  blow,  or  cause  the  whistle  of  such  steamer  to  be 
blown  unnecessarily  while  lying  at  either  of  the  city  wharves. 
A  violation  of  the  foregoing  ordinance  shall  be  punishable  by 
a  fine  of  not  less  than  five  dollars  ($5)  nor  more  than  twenty- 
five  dollars  ($25)  for  each  violation  of  the  same. 

§  2.     This  ordinance  to  take  effect  from  and  after  its  pas- 
sage.    {Approved  April  17,  1896.) 


428  NUISANCES. 


(3)  NOISES. 

Ringing  of  Auction  Bells. 

AN  ORDINANCE  to  regulate  the  ringing  of  auction  bells  in  the 
city. 
Any  person  who  shall  ring  a  bell  in  the  streets  to  give  notice 
of  an  auction  or  other  assembly  for  a  longer  time  than  ten  min- 
utes, or  elsewhere  than  before  the  door  of  the  place  of  the  auc- 
tion or  assembly,  shall  be  fined  five  dollars  ($5).  {Approved 
October  17,  1853.) 


(1)  NUISANCES. 

Removal  and  Prevention  Generally. 

AN  ORDINANCE  empowering  and  authorizing  the  Health 
Officer  to  order  the  removal,  abatement,  or  prevention  of  any 
and  every  sanitary  nuisance  in  the  city  of  Louisville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  the  Health  Officer  shall  have  authority  to  order 
the  removal,  abatement,  or  prevention  of  any  and  every  sanitary 
nuisance  that  may  not  require  proceedings  in  court,  and  specify 
a  reasonable  time  within  which  it  shall  be  done.  In  the  event  of 
the  failure  of  the  owner,  agent,  or  occupant  of  the  premises  to 
comply  with  the  order  of  the  Health  Officer  to  so  remove,  abate, 
or  prevent  any  sanitary  nuisance  within  the  time  given,  he  or 
she  shall  be  liable  to  a  fine  in  the  city  court  of  not  less  than  ($10) 
dollars  nor  more  than  twenty  ($20)  dollars. 

§  2.     This  ordinance  shall  take  eff'ect  from  and  after  its  pub- 
lication.     (Approved  December  24,  1895.) 


(2)  NUISANCES. 

Injurious  to  Health. 

AN   ORDINANCE    concerning  nuisances   injurious   to   health. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  Health  Officer  shall  have  power  and  authority 
to  examine  into  all  nuisances,  sources  of  filth  and  causes  of  sick- 
ness, that  may  in  his  opinion  be  injurious  to  the  health  of  the 


NUISANCES.  429 


inhabitants  of  the  city,  and  whenever  any  such  nuisance,  source 
of  filth,  or  cause  of  sickness  shall  be  found  to  exist  on  any  private 
property,  or  in  any  vessel  within  any  port  or  harbor,  or  upon 
any  water  course,  within  the  city  of  Louisville,  the  Health  Officer 
shall  have  power  and  authority  to  order  in  writing  the  owner  or 
occupant  thereof,  at  his  own  expense,  to  remove  the  same  within 
twenty-four  hours,  or  within  such  reasonable  time  thereafter  as 
such  Health  Officer  may  order;  and  if  the  owner  or  occupant 
shall  neglect  so  to  do,  he  shall  be  fined  not  less  than  ten  dollars 
($10)  nor  more  than  one  hundred  dollars  ($100),  and  each  day's 
continuance  of  such  nuisance,  or  source  of  filth,  or  cause  of  sick- 
ness, after  the  owner  or  occupant  thereof  shall  have  been  notified 
to  remove  the  same,  shall  be  a  separate  offense. 

§  2.  That  all  ordinances  in  conflict  with  this  ordinance  are 
hereby  repealed. 

§  3.  That  this  ordinance  shall  take  effect  from  and  after  its 
passage.     (Approved  Jime  28,  1898.) 

(See  also  Smoke;  Sayiitation;  Garbage;  Spitting;  Weeds; 
Diseases.) 


(3)   NUISANCES. 
Soap  and  Other  Like  Factories. 

AN  ORDINANCE  regulating  factories  of  coal  oil,  glue,  refining 

petroleum  or  soap  grease. 
Be  it  ordained  by  the  Geyieral  Council  of  the  citij  of  Louisville: 

§  1.  No  establishment  for  making  coal  oil  grease,  glue,  re- 
fining of  petroleum,  or  the  manufacture  of  coal  oil  or  soap  grease 
shall  be  erected  within  the  limits  of  the  city,  except  under  ex- 
press permission  of  the  General  Council;  and  such  permission 
shall  not  be  granted  unless  it  be  applied  for  in  writing,  setting 
forth  the  nature  and  objects  of  the  proposed  establishment,  and 
signed  by  a  majority  of  the  persons  owning  property,  as  well  as 
of  those  residing  on  the  square  on  which  it  is  proposed  to  be 
erected. 

§  2.  If  any  such  establishment  be  erected  and  conducted  with- 
out such  permission,  and  within  the  district  or  boundary  named 
in  the  first  section  of  this  ordinance,  and  so  as  to  cause  any  un- 


430  NUISANCES. 


wholesome  or  offensive  matter  or  odor,  the  owner  or  occupant 
of  such  establishment  shall  be  fined  not  less  than  fifty  dollars 
($50)  nor  more  than  one  hundred  dollars  ($100)  for  each  day 
said  establishment  is  continued  as  aforesaid.  (Approved  June 
18,  1870.) 


(4)   NUISANCES. 

Nuisances,  Abatement. 

AN    ORDINANCE    defining    nuisances    and    prescribing    the 

method  of  abatement. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  Whatever  is  dangerous  to  human  health,  whatever  ren- 
ders the  ground,  air  or  food,  a  hazard  or  injury  to  human  health, 
and  the  following  specific  acts,  conditions  and  things,  are,  each 
and  all  of  them,  hereby  declared  to  constitute  a  nuisance : 

(a)  Spitting  upon  any  sidewalk  or  on  the  floor  or  wall  of  any 
public  building,  or  any  street  car,  boat  or  train. 

(b)  The  accummulating  of  water  in  which  mosquito  larvae 
breed. 

(c)  The  maintenance  of  any  but  sanitary  privies,  and  these 
only  when  the  premises  do  not  abut  a  public  sewer  or  when  it  is 
impossible  to  reach  a  public  sewer  within  a  distance  of  100  feet 
without  crossing  the  property  of  other  owners  or  when,  owing  to 
the  topography  of  the  ground,  it  is  found  impossible  to  make 
such  connections. 

(d)  The  disposal  or  accumulation  of  any  foul,  decaying  or 
putrescent  substances  or  other  ofi'ensive  materials  dangerous  to 
public  health  in  or  upon  any  lot,  street  or  highway,  or  the  escape 
of  any  gases  to  such  an  extent  that  the  same  or  any  of  them 
shall  by  reason  of  offensive  odors  become  injurious  to  the  health 
of  any  person  in  the  city  of  Louisville. 

(e)  The  deposit  or  accumulation  of  manure  unless  it  be  in  fly- 
proof  receptacle. 

(f )  The  presence  of  polluted  water  in  a  well,  cistern,  spring 
or  other  source  of  water  supply,  when  the  water  therefrom  is 
used  for  human  consumption. 


NUISANCES.  431 


(g)  The  deposit  of  garbage  in  any  but  fly-proof,  water-tight 
receptacles. 

(h)  Growth  of  weeds  where  mosquitoes  may  harbor  or  rub- 
bish be  concealed. 

§  2.  If  any  person  within  the  limits  of  the  city  of  Louisville 
shall  permit  or  suffer  on  his  premises  or  on  premises  of  which 
he  may  be  the  agent,  or  occupant,  and  of  the  above  described 
nuisances,  the  Health  Department  shall  order  the  owner  or  occu- 
pant thereof  to  remove  same  at  his  expense  within  a  time  not  to 
exceed  24  hours,  or  such  reasonable  time  as  m.ay  be  specified  in 
a  written  notice  issued  by  the  Health  Department.  Said  notice 
shall  be  served  by  a  police  officer  or  sanitary  inspector  by  de- 
livering a  copy  thereof  to  the  owner,  occupant  or  agent  of  such 
property.  If  the  owner  or  agent  of  the  property  is  unknown  or 
absent  with  no  known  representative  or  agent  upon  whom  the 
notice  can  be  served  then  the  police  officer  or  sanitary  inspector 
shall  post  a  written  or  printed  notice  upon  the  property  or  prem- 
ises setting  forth  that  unless  the  nuisance,  source  of  filth,  or 
source  of  sickness  is  removed  or  abated  within  24  hours,  or  with- 
in such  reasonable  time  as  may  be  specified  by  the  Health  De- 
partment, at  the  expense  of  the  owner  or  occupant,  the  nuisance, 
source  of  filth  or  source  of  sickness  will  be  abated  at  the  ex- 
pense of  the  owner. 

If  the  owner,  occupant  or  agent  shall  fail  to  comply  with  re- 
quirements of  said  notice,  then  the  Health  Department  shall  pro- 
ceed to  have  the  nuisance,  source  of  filth,  or  source  of  sickness 
described  in  the  written  notice,  removed  or  abated  from  said  lot 
or  parcel  or  grounds  and  report  the  cost  thereof  to  the  proper 
authority,  who  shall  assess  the  sum  against  the  property. 

§  3.  Any  person  or  persons  violating  or  assisting  in  the  vio- 
lation in  any  part  or  parts  of  this  ordinance,  shall,  upon  con- 
viction, be  fined  not  less  than  five  ($5)  dollars,  or  more  than  fifty 
($50)  dollars,  and  each  day's  continuance  of  the  condition  shall 
constitute  a  separate  offense. 

§  4.  All  ordinances  or  parts  of  ordinances  in  conflict  herewith 
are  hereby  repealed. 

§  5.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  October  6,  1917.) 


432  NUMBERING  OF  HOUSES. 


NUMBERING  OF  HOUSES. 

AN  ORDINANCE  in  regard  to  the  numbering  of  houses  and 

lots  in  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  all  houses  and  lots  in  the  city  of  Louisville  shall 
be  numbered  as  hereinafter  provided. 

§  2.  First  street  shall  be  the  dividing  line  from  which  the 
numbering  East  and  West  shall  commence,  beginning  with  the 
number  "100"  on  each  side  of  said  dividing  line,  placing  the  odd 
numbers  on  the  north  side  and  even  numbers  on  the  south  side 
of  the  streets  running  eastwardly  and  westwardly  therefrom. 

For  the  streets  running  north  and  south  the  dividing  line  shall 
be  Main  street  (commencing  at  the  city  limits  on  the  west)  and 
extending  eastwardly  to  the  first  alley  southwest  of  Stone  street, 
extended,  and  then  said  alley  to  the  right  of  way  of  the  Louis- 
ville &  Nashville  Railroad,  then  the  Louisville  &  Nashville  right 
of  way  to  Frankfort  avenue,  and  then  Frankfort  avenue  east- 
wardly to  the  city  limits. 

The  numbering  shall  begin  with  "100"  on  each  side  of  said 
dividing  line,  placing  the  odd  numbers  on  the  east  side  and  the 
even  numbers  on  the  west  side  of  the  streets. 

All  the  numbers  on  the  houses  north  of  said  dividing  line  shall 
be  known  as  North  and  all  the  numbers  on  the  houses  south  of 
said  dividing  line  shall  be  known  as  South. 

§  3.  A  frontage  of  twenty-five  (25)  feet  shall  be  allowed  for 
each  number.  The  number  given  to  any  house  or  lot  shall  be 
the  number  nearest  to  the  property  line.  Where  the  distance 
between  two  lots  is  not  sufficient  to  admit  of  this,  half  numbers 
may  be  employed,  though  only  where  necessary;  and  as  far  as 
practicable  all  numbers  opposite  to  each  other  on  the  same  street 
shall  correspond.  Whenever  a  house  shall  be  upon  a  lot  having 
a  greater  number  of  front  feet  than  is  herein  prescribed,  the 
number  of  said  house  shall  be  the  number  of  the  lot  upon  which 
the  house,  or  the  greater  part  of  the  front  thereof,  stands. 

§  4.  The  numbering  shall  commence  with  "100"  at  the 
dividing  lines,  as  above  provided,  and  continue  so  as  not  to  ex- 
ceed the  number  "200"  on  the  first  square ;  the  next  square  to 
begin  with  "200,"  and  continue  so  as  not  to  exceed  the  number 


NUMBERING  OF  HOUSES.  -      433 

"300"  on  the  same  square.  All  other  squares  running  eastwardly 
and  westwardly  and  northwardly  and  southwardly  shall  be 
numbered  in  a  corresponding  manner  until  each  and  every  house 
and  lot  in  every  square  is  numbered. 

§  5.  The  blocks  or  squares  to  each  of  which  one  hundred 
numbers  are  allotted  going  north  and  south  of  the  dividing  line 
are  those  lying  between  the  main  thoroughfares  as  herein  estab- 
lished, all  intermediate  cross  streets  not  being  regarded  in  the 
numbering. 

The  main  thoroughfares  south  of  said  dividing  line  are  hereby 
established  and  numbered  as  follows: 

Main  thoroughfare  No.  One  shall  be  Market  street  (com- 
mencing at  the  city  limits  on  the  west)  and  extending  eastward- 
ly to  Mellwood  avenue,  then  Payne  street,  and  Payne  street,  ex- 
tended, to  Park  avenue,  then  Graham  street  and  Graham  street, 
extended,  to  Stiltz  Lane. 

Main  thoroughfare  No.  Two  shall  be  Hanover  street  and 
Hanover  street,  extended,  then  Jefferson  street  and  Jefferson 
street,  extended,  then  Hamilton  avenue,  from  Mellwood  avenue 
to  Payne  street,  then  Quarry  street  and  Quarry  street,  extended, 
to  Berkenmeyer  avenue,  then  Raymond  avenue  to  Maryland  ave- 
nue, then  Fayette  avenue  and  Fayette  avenue,  extended,  to  Park 
avenue,  then  Center  avenue  and  Center  avenue,  extended,  to 
Stiltz  Lane. 

Main  thoroughfare  No.  Three  shall  be  Herman  street  and 
Herman  street,  extended  (commencing  at  the  city  limits  on  the 
west),  then  Hackney  avenue,  Green  street  and  Green  street, 
extended,  to  Baxter  avenue,  then  Hamilton  avenue,  to  Payne 
street,  then  Long  avenue  from  Maryland  avenue,  extended,  to 
Stiltz  avenue. 

Main  thoroughfare  No.  Four  shall  be  Walnut  street  (com- 
mencing at  the  city  limits  on  the  west) ,  to  Garden  street,  then 
Walnut  street,  extended,  to  the  intersection  of  Baxter  avenue 
and  Hull  street,  then  Hull  street  and  Hull  street,  extended,  to 
four  hundred  and  sixty  (460)  feet  east  of  Payne  street. 

Main  thoroughfare  No.  Five  shall  be  Chestnut  street  (com- 
mencing at  the  city  limits  on  the  west)  to  Garden  street,  then 
Chestnut  street,  extended,  to  the  intersection  of  Overhill  and 
Fetter  street,  then  Fetter  street  and  Payne  street  to  Hamilton 
avenue. 


434  NUMBERING  OF  HOUSES. 

Main  thoroughfare  No.  Six  shall  be  Broadway  (commencing 
at  the  city  limits  on  the  west)  to  Baxter  avenue,  then  Broadway, 
extended,  from  Baxter  avenue  to  a  point  on  Spring  street  seven- 
teen hundred  (1,700)  feet,  more  or  less,  west  of  Long  avenue, 
then  Spring  street  eastwardly. 

Main  thoroughfare  No.  Seven  shall  be  Lewis  avenue,  extend- 
ed (commencing  with  the  city  limits  on  the  west) ,  then  Lewis 
avenue.  Maple  street,  York  street.  College  street,  Lampton  street 
and  Wickliffe  avenue. 

Main  thoroughfare  No.  Eight  shall  be  Garland  avenue  (com- 
mencing at  the  city  limits  on  the  west) ,  then  Lexington  street 
and  Breckinridge  street. 

Main  thoroughfare  No.  Nine  shall  be  Kentucky  street,  ex- 
tended (commencing  at  the  city  limits  on  the  west),  then  Ken- 
tucky street  and  Hepburn  avenue. 

Main  thoroughfare  No.  Ten  shall  be  Grand  avenue,  extended 
(commencing  at  the  city  limits  on  the  west),  then  Grand  avenue, 
Harney  street,  Churchill  street,  St.  Catherine  street  and  St. 
Catherine  street,  extended,  Rufer  avenue,  extended,  and  Rufer 
avenue.  Transit  avenue  and  Long  avenue  to  Spring  street. 

Main  thoroughfare  No.  Eleven  shall  be  Virginia  avenue  (com- 
mencing at  the  city  limits  on  the  west),  then  Oak  street  and  Oak 
street,  extended,  to  Reutlinger  avenue,  then  Struck  avenue  to 
Schiller  avenue,  then  Struck  avenue,  extended,  to  an  intersection 
of  Von  Borries  avenue  with  Rosewood  avenue,  then  Rosewood 
avenue  and  Longest  avenue  to  Finzer  Parkway. 

Main  thoroughfare  No.  Twelve  shall  be  Dumesnil  street 
(commencing  at  the  city  limits  on  the  west),  then  Euclid  ave- 
nue, Ormsby  avenue,  Goss  avenue  with  the  proposed  Eastern 
parkway,  then  the  Eastern  parkway  to  Castlewood,  then  Fern- 
dale  avenue  and  Melrose  avenue  to  Cherokee  Park. 

Main  thoroughfare  No.  Thirteen  shall  be  Woodland  avenue 
(commencing  at  the  city  limits  on  the  west),  and  Magnolia 
avenue,  Victoria  Place,  Magnolia  avenue,  extended  to  Preston 
Court,  then  Preston  Court,  then  a  line  extended  from  the  inter- 
section of  Preston  Court  and  Preston  street  to  the  intersection 
of  Meriwether  street  with  Burnett  avenue,  then  with  Meriwether 
street  and  Mulberry  street. 


NUMBERING  OF  HOUSES. 435 

Main  thoroughfare  No.  Fourteen  shall  be  Southern  avenue 
(commencing  at  the  city  limits  on  the  west),  the  Gibson  Lane, 
Hill  street,  Hill  street,  extended,  to  Shelby  street,  Burnett  ave- 
nue from  Shelby  street  southeastwardly. 

Main  thoroughfare  No.  Fifteen  shall  be  A  street  and  A  street, 
extended  (commencing  at  the  city  limits  on  the  west),  then 
Bland  street,  Oldham  street  and  Forrest  street. 

Main  thoroughfare  No.  Sixteen  shall  be  Lee  street  and  Lee 
street  extended. 

Main  thoroughfare  No.  Seventeen  shall  be  Bloom  avenue  and 
Bloom  avenue,  extended,  to  Lawton  avenue,  then  Rawling  ave- 
nue to  Oldham  street. 

Main  thoroughfare  No.  Eighteen  shall  be  Avery  avenue  and 
Avery  avenue,  extended. 

Main  thoroughfare  No.  Nineteen  shall  be  Brandeis  avenue 
and  Brandeis  avenue,  extended,  and  Cox  avenue. 

Main  thoroughfare  No.  Twenty  shall  be  Barbee  avenue  and 
Barbee  avenue,  extended,  and  Lynn  street. 

Main  thoroughfare  No.  Twenty-one  shall  be  F  street  and  F 
street  extended. 

Main  thoroughfare  No.  Twenty-two  shall  be  G  street  and  G 
street  extended. 

Main  thoroughfare  No.  Twenty-three  shall  be  H  street  and  H 
street  extended. 

Main  thoroughfare  No.  Twenty-four  shall  be  J  street  and  J 
street  extended. 

Main  thoroughfare  No.  Twenty-five  shall  be  K  street  and  K 
street  extended. 

Main  thoroughfare  No.  Twenty-six  shall  be  L  street  and  L 
street  extended. 

Main  thoroughfare  No.  Twenty-seven  shall  be  M  street  and  M 
street,  extended. 

Main  thoroughfare  No.  Twenty-eight  shall  be  N  street  and  N 
street,  extended. 

Main  thoroughfare  No.  Twenty-nine  shall  be  O  street  and  0 
street,  extended. 

Main  thoroughfare  No.  Thirty  shall  be  P  street  and  P  street, 
extended. 

The  main  thoroughfares  north  of  said  dividing  line  are  hereby 
established  and  numbered  as  follows: 


436  NUMBERING  OF  HOUSES. 

Main  thoroughfare  No.  One  shall  be  Rowan  street  (com- 
mencing at  the  city  limits  on  the  west)  then  Water  street,  Geiger 
street,  Franklin  street,  from  Wenzel  street  to  Cabel  street;  then 
Quincy  street  and  Quincy  street,  extended,  to  Adams  street, 
then  Maiden  Lane  and  Story  avenue  from  Ohio  street  to  Letterle 
avenue,  then  Letterle  avenue  from  story  avenue  eastwardly. 

Main  thoroughfare  No,  Two  shall  be  Duncan  street  (com- 
mencing at  the  city  limits  on  the  west) ,  then  Lytle  street  from 
Fifteenth  street  to  Fourteenth  street,  then  Fulton  street  from 
Second  street  to  Jackson  street,  then  Brady  street  and  Brady 
street,  extended,  then  Elm  street  and  Elm  street,  extended,  to 
Lloyd  street,  then  Lloyd  street  and  Lloyd  street,  extended,  and 
Tompert  avenue. 

Main  thoroughfare  No.  Three  shall  be  Garfield  avenue  (com- 
mencing at  the  city  limits  on  the  west),  and  Garfield  avenue,  ex- 
tended, Griffiths  avenue,  Fulton  street  from  Jackson  street  to 
Adams  street,  then  Van  Buren  street  northwestwardly. 

Main  thoroughfare  No.  Four  shall  be  Bank  street  (com- 
mencing at  the  city  limits  on  the  west) ,  to  Seventeenth  street. 

Main  thoroughfare  No.  Five  shall  be  Pflanz  avenue  (com- 
mencing at  the  city  limits  on  the  west),  then  Portland  avenue 
from  Thirty-third  street  to  Sixteenth  street. 

Main  thoroughfare  No.  Six  shall  be  High  avenue. 
Main  thoroughfare  No.  Seven  shall  be  Rudd  avenue. 
Main  thoroughfare  No.  Eight  shall  be  Missouri  avenue. 

§  6.  On  streets  running  eastwardly  and  westwardly  which 
do  not  intersect  First  street  the  square  thereof  shall  be  number- 
ed to  correspond  with  what  would  be  the  proper  numbers  if  said 
streets  were  so  extended  as  to  intersect  said  First  street.  Bax- 
ter avenue  shall  be  treated  as  if  it  ran  north  and  south. 

§  7.  It  shall  be  the  duty  of  the  Board  of  Public  Works  to 
cause  to  be  prepared,  from  time  to  time,  maps  of  the  several 
streets  of  the  city,  showing  the  numbers  of  all  houses,  and  upon 
the  application  of  any  owner  or  agent  shall  inform  him  what  is 
the  official  number  of  every  such  building. 

§  8.  It  shall  be  unlawful  for  any  owner,  occupant  or  agent 
of  any  building  to  retain  or  use,  or  permit  to  remain  on  any  such 
building  any  other  number  than  that  officially  designated  by  the 
Board  of  Public  Works  under  the  provisions  of  this  ordinance. 


NUMBERING  OF  HOUSES. 437 

§  9.  All  numbers  shall  be  not  less  than  3  inches  in  height, 
and  be  distinctly  legible  and  shall  be  posted  in  a  conspicuous 
place  upon  the  front  of  the  building  so  that  they  can  easily  be 
seen  from  the  public  way. 

§  10.  Every  owner,  or  occupant,  or  agent  of  any  building 
now  erected,  or  that  may  hereafter  be  erected  in  the  city  of 
Louisville,  who  shall  remove  from  said  building  the  official  num- 
bers as  required  by  the  provisions  of  this  ordinance,  shall  upon 
a  conviction  be  fined  in  the  sum  of  not  less  than  two  ($2)  dol- 
lars, nor  more  than  five  ($5)  dollars  for  each  offense,  and  each 
day  he  shall  so  remain  in  default  shall  be  deemed  a  separate 
offense  and  punished  accordingly. 

§  11.  Any  person  who  shall,"  without  the  authority  of  the 
owner  or  occupant  or  agent,  remove  from  any  building  now 
erected,  or  that  may  hereafter  be  erected  in  the  city  of  Louis- 
ville, the  official  number  as  required  by  the  provisions  of  this 
ordinance,  or  shall  deface,  injure  or  destroy  any  such  number, 
shall  upon  conviction  be  fined  in  a  sum  of  not  less  than  two  ($2) 
dollars,  nor  more  than  five  ($5)   dollars  for  each  offense. 

§  12.  It  shall  be  the  duty  of  all  policemen  of  the  city  of 
Louisville  to  report  violations  of  any  provisions  of  this  ordi- 
nance. 

§  13.  The  ordinance  approved  June  8,  1907,  entitled  "An 
ordinance  in  regard  to  the  numbering  of  houses  and  lots,  and 
providing  that  the  names  of  streets  be  placed  on  all  street  cor- 
ners in  the  city  of  Louisville,"  and  all  ordinances  and  parts  of 
ordinances  in  conflict  herewith  are  hereby  repealed. 

§  14,  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {App7'oved  July  13,  1909.) 


438  NURSES. 


(1)  NURSES. 

City  Hospital  School  for  Trained  Nurses. 

AN  ORDINANCE  empowering  and  authorizing  the  Board  of 
PubKc  Safety  to  establish  and  conduct  a  school  for  trained 
nurses  in  connection  with  the  City  Hospital. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  Board  of  Public  Safety  is  hereby  authorized 
and  empowered  to  establish  and  conduct  a  School  for  Trained 
Nurses  in  connection  with  the  City  Hospital  in  the  city  of  Louis- 
ville. 

§  2.  That  said  Board  of  Public  Safety  shall  have  the  power 
to  make  all  regulations  and  rules  necessary  to  conduct  said 
school. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pub- 
lication.    {Approved  July  11,  1894.) 


(2)  NURSES. 

Provision  for  Four  School  Nurses. 

AN  ORDINANCE  authorizing  the  employment  of  four  school 

nurses  and  fixing  the  compensation  of  same. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  The  Board  of  Public  Safety  is  authorized  to  employ  four 
school  nurses.  They  shall  be  graduates  of  a  standard  training 
school  and  shall  receive  the  sum  of  sixty  ($60)  dollars  per 
month  for  their  services  and  five  ($5)  dollars  per  month  in  addi- 
tion for  car  fare.  The  said  nurses  shall  be  under  the  direction 
of  the  Health  Officer  of  the  city  of  Louisville,  who  shall  prescribe 
the  duties  they  shall  perform. 

§  2.  Said  school  nurses  shall  be  entered  upon  the  payroll  of 
the  Health  Department  of  the  city  of  Louisville,  and  paid  month- 
ly, as  other  officers  and  agents. 

§  3.  The  ordinance  entitled  "An  ordinance  authorizing  the 
employment  of  two  school  nurses,  and  fixing  the  compensation  of 
same,"  approved  February  13,  1913,  is  hereby  repealed. 

§  4.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  June  8,  1915.) 


OFFICE  HOURS — OHIO  RIVER. 439 

OFFICE  HOURS. 
Regulation. 

AN  ORDINANCE  concerning  the  ofRce  hours  to  be  observed 
by  all  city  officers,  including  the  Clerks  of  the  General  Coun- 
cil, and  providing  for  the  closing  of  the  public  offices  of  the 
municipal  government  of  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  The  office  hours  of  all  city  officers,  including  the  clerks 
of  the  General  Council,  shall  be  from  9  a.  m.  to  5  p.  m.,  except 
that  on  Saturdays  throughout  the  year,  the  offices  of  all  the 
city  officers,  including  the  Clerks  of  the  General  Council,  may 
be  closed  after  1  p.  m.,  and  except  further,  that  the  office  of  the 
Tax  Receiver  shall  be  open  for  the  receipt  of  taxes  during  the 
months  of  January,  February,  March  and  April  between  the 
hours  of  9  a.  m.  and  4  p.  m.  During  the  other  months  and  on 
Saturdays  throughout  the  year  the  hours  shall  be  as  herein- 
above prescribed  for  other  city  officers. 

§  2.  An  ordinance  entitled  "An  Ordinance  concerning  the 
office  hours  of  all  city  officers,  including  the  Clerks  of  the  Gen- 
eral Council,"  approved  April  21,  1899,  and  an  ordinance  en- 
titled "An  Ordinance  relating  to  the  closing  of  the  public  offices 
of  the  municipal  government  of  the  city  of  Louisville,"  approved 
August  24,  1904,  be  and  the  same  are  hereby  repealed. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  December  27,  1917.) 


OHIO  RIVER. 
Obstructions  Therein. 

AN  ORDINANCE  prohibiting  obstructions  in  the  Ohio  river. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

It  shall  be  unlawful  for  any  person  to  place  or  cause  ob- 
structions in  the  Ohio  river  within  the  limits  of  said  city,  with- 
out permission  first  obtained  from  the  Wharfmaster  or  Gen- 
eral Council,  and  when  such  permission  shall  have  been  obtain- 
ed, or  there  shall  be  any  obstruction  without  permission,  it  shall 
be  the  duty  of  the  person  so  placing  or  causing  such  obstruc- 


440  ORDINANCES. 


tion  to  remove  the  same  at  any  time  he  may  be  required  to  do 
so  by  the  Wharfmaster  or  the  General  Council.  Any  person 
failing  to  comply  with  the  provisions  of  this  ordinance  shall 
be  fined  not  less  than  five  ($5)  dollars  nor  more  than  fifty  ($50) 
dollars  for  each  twenty-four  hours  said  obstruction  shall  re- 
main. (Approved  December  2,  1858.) 
(See  also  Bathing.) 


ORDINANCES. 

Printing. 

AN  ORDINANCE  concerning  the  printing  of  General  Ordi- 
nances in  either  board  of  the  General  Council. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  when  a  general  ordinance  shall  be  offered  for  adop- 
tion in  either  board  of  the  General  Council  such  board  at  any 
time  before  such  ordinance  is  placed  upon  its  passage,  or  before 
some  date  to  be  fixed  in  the  resolution  of  such  board,  on  the 
motion  of  any  member  thereof,  the  board  into  which  the  same 
shall  be  introduced  may,  by  resolution  thereof,  order  and  direct 
the  City  Buyer  to  have  printed  fifty  (50)  copies  thereof,  and 
the  clerk  of  such  board  shall  mail  one  copy  of  the  same  when 
delivered  to  him  to  the  Mayor,  City  Attorney,  and  each  member 
of  the  General  Council;  provided,  however,  that  this  ordinance 
shall  not  apply  to  nor  include  ordinances  for  the  construction, 
reconstruction,  or  repair  of  public  ways,  or  for  the  construc- 
tion of  fire  hydrants,  or  other  public  improvements. 

§  2.  That  where  either  board  of  the  General  Council  shall 
order  and  direct  an  ordinance  to  be  printed  as  prescribed  in 
Section  1  of  this  ordinance,  such  ordinance  shall  be  printed  in 
folio  foolscap  form,  with  pica  type,  each  page  to  contain  not  less 
than  thirty  lines  of  solid  matter  of  the  usual  length,  numbered 
consecutively,  with  a  pica  reglet  only  in  each  space  between  the 
lines;  and  in  counting  the  composition  upon  the  bills,  the  same 
shall  be  measured  as  solid  small  pica  matter.  Every  necessary 
fraction  of  the  page  shall  be  counted  as  full  page ;  but  no  entire 
blank  page  shall  be  counted  or  charged  for;  provided,  that  the 
printing  under  this  ordinance  shall  be  let  by  the  City  Buyer  to 
the  lowest  and  best  bidder. 


PARK  POLICE.  441 


§  3.  That  all  ordinances  in  conflict  with  this  ordinance  be 
and  the  same  are  hereby  repealed. 

§  4.  That  this  ordinance  shall  take  effect  from  its  passage. 
{Approved  August  8,  1902.)  (See  Advertising  by  the  Citij;  Ex- 
penditure of  Money.) 


PARK  POLICE. 

AN  ORDINANCE  authorizing  the  Board  of  Park  Commis- 
sioners to  establish  a  special  police  force  for  the  proper 
guarding  of  park  property,  and  to  regulate  the  same. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  the  Board  of  Park  Commissioners  are  authorized 
and  empowered  to  elect  and  appoint  a  special  park  police  force, 
to  consist  of  such  number,  rank,  and  grade  as  said  board  shall 
deem  proper,  and  to  be  uniformed  and  to  wear  such  badges  as 
said  board  shall  prescribe;  provided,  said  uniform  and  badges 
shall  differ  from  the  uniforms  and  badges  of  the  regular  police 
force  of  the  city  of  Louisville. 

§  2.  Said  Board  of  Park  Commissioners  are  authorized  and 
empowered  to  prescribe  the  term  of  office  of  said  special  police 
force,  and  to  establish  all  necessary  rules  and  regulations  for 
the  proper  government  and  discipline  of  same;  to  fix  and  en- 
force the  punishment  of  the  said  police  for  the  violations  of  said 
rules  and  regulations;  or,  if  they  see  proper,  to  dismiss  any  or 
all  of  said  police  force  for  such  cause  as  they  may  deem  suffi- 
cient, and  to  elect  others  to  fill  the  vacancies  caused  by  dismissal, 
or  from  any  other  cause. 

§  3.  This  ordinance  shall  take  effect  from  and  after  publi- 
cation. (Approved  September  16,  1895.)  (See  Police  Depart- 
ment.) 


442  PAUPERS. 


(1)   PAUPERS. 
Prohibiting-  Importation. 

AN  ORDINANCE  concerning  the  disposition  of  sick  paupers. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
When  any  pauper  or  sick  person  in  destitute  circumstances 
shall  be  landed  in  the  city  from  any  steamboat  or  other  vessel, 
the  master  or  person  in  charge  thereof  shall  immediately  cause 
such  person  to  be  conveyed  to  and  placed  in  some  suitable  and 
comfortable  house  and  shall  also  report  the  name  and  descrip- 
tion of  such  person  to  the  Mayor  and  to  pay  to  the  Treasurer 
to  the  credit  of  the  fund  for  the  support  of  the  poor  at  least  ten 
dollars  for  each  such  person  so  landed.  If  these  things  be  not 
done  at  the  landing  of  such  person  the  master  and  owners  of 
such  steamboat  or  other  vessel  shall  be  fined  not  'less  than  twenty 
($20)  dollars  nor  more  than  one  hundred  ($100)  dollars  for 
each  person  so  landed.  The  same  penalties  apply  to  all  persons 
who  may  in  any  mode  bring  into  the  city  any  such  pauper  or 
sick  person  in  destitute  circumstances,  and  fail  to  report  and 
provide  for  him  as  above  required.  {Approved  November  14, 
1853.)      (See  also  Begging  for  Alms.) 


(2)   PAUPERS. 

Providing  Transportation. 

AN  ORDINANCE  authorizing  the  Mayor  to  furnish  transpor- 
tation to  indigent  persons. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  The  Mayor  of  the  city  of  Louisville  is  hereby  authorized 
and  empowered  to  purchase  tickets  for  indigent  persons  who 
desire  to  go  home,  or  to  their  friends,  for  a  distance  that  does 
not  exceed  three  hundred  (300)  miles  from  the  city  of  Louis- 
ville ;  provided,  however,  that  such  ticket  shall  only  be  purchased 
by  the  Mayor  when  in  his  judgment  it  will  be  a  saving  to  the 
city. 

§  2.     This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  January  30,  1918.) 


PAWN  BROKERS.  443 


PAWN  BROKERS,  SECOND-HAND  DEALERS,  ETC.* 

Regulating  Hours. 

AN  ORDINANCE  regulating  the  hours  for  the  transaction  of 
business  of  pawn  brokers,  second-hand  dealers,  junk  mer- 
chants and  junk  dealers  in  the  city  of  Louisville,  and  repeal- 
ing an  ordinance  entitled  "An  Ordinance  regulating  the  hours 
for  the  transaction  of  business  of  pawn  brokers,  second-hand 
dealers,  junk  merchants  and  junk  dealers  in  the  city  of 
Louisville,"  approved  June  20,  1912. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  It  shall  be  unlawful  for  any  pawn  broker,  second-hand 
dealer,  junk  merchant  or  junk  dealer  to  keep  open  his  store  or 
place  of  business  for  the  transaction  of  any  business  pertaining 
to  such  occupation,  or  to  engage  in,  conduct  or  carry  on  any  of 
such  occupations  in  whole  or  part,  directly,  between  the  hours 
of  9  o'clock  p.  m.  and  7  o'clock  a.  m.,  except  from  December  15 
to  December  25,  of  each  year  and  on  Saturdays,  when  their  said 
stores  and  places  of  business  may  remain  open  until  but  not 
later  than  11  o'clock  p.  m.  for  the  sale  of  their  goods  and  wares, 
but  for  no  other  purpose. 

§2.  Any  person,  firm  or  corporation  violating  in  any  par- 
ticular any  of  the  provisions  of  Section  1  of  this  ordinance  shall 
be  fined  for  each  ofi'ense  not  less  than  five  ($5)  dollars  nor  more 
than  twenty  ($20)  dollars  or  imprisoned  not  less  than  two  nor 
more  than  ten  days,  and  each  day  that  said  violation  continues 
shall  constitute  a  separate  ofl'ense. 

§3.  An' ordinance  entitled  "An  Ordinance  regulating  the 
hours  for  the  transaction  of  business  of  pawn  brokers,  second- 
hand dealers,  junk  merchants  and  junk  dealers  in  the  city  of 
Louisville,"  approved  June  20,  1912,  is  hereby  repealed. 

§  4.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  5.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage and  approval  by  the  Mayor.     (Approved  June  1,  1918.) 

(See  also  Junk  Merchaiits,  Junk  Dealers,  Peddlers,  Second- 
Jmnd  Dealers.) 


*See   Hyman   v.    Boldrick,   153   Ky.  77. 


444  PEDDLERS. 


(1)   PEDDLERS. 

Badges. 

AN  ORDINANCE  requiring  each  peddler  in  the  city  of  Louis- 
ville to  wear  a  badge  furnished  by  the  Commissioners  of  the 
Sinking  Fund. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  each  and  every  peddler  in  the  city  of  Louisville 
shall  wear  a  badge  upon  his  person,  in  a  conspicuous  place,  in 
such  a  manner  that  it  may  always  be  seen.  Said  badge  shall 
be  of  metal,  and  shall  be  furnished  by  the  Commissioners  of 
the  Sinking  Fund,  free  of  charge.  Said  badge  shall  have  the 
following   words:   "City  of  Louisville   Sinking   Fund,   Licensed 

Peddler  No ,  Expires " 

§  2.  Said  badge  shall  be  furnished  each  peddler  when  he  pro- 
cures his  license;  but  each  peddler  who  now  has  a  license  shall 
call  at  the  office  of  the  Commissioners  of  the  Sinking  Fund  and 
procure  a  badge  within  thirty  (30)  days  from  the  publication 
of  this  ordinance. 

§  3.  No  person  shall  destroy,  deface,  or  injure  said  badge  in 
any  manner,  nor  change  the  number  or  date  thereon,  nor  shall 
any  person  wear  such  badge  unless  he  be  the  licensed  peddler  in 
whose  name  the  license  is  issued. 

§  4.  Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance shall  be  fined  not  less  than  five  ($5)  dollars  nor  more 
than  twenty  ($20)  dollars  for  each  offense. 

§  5.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  6.  This  ordinance  shall  take  effect  from  its  publication. 
(Approved  Jidy  13,  1896.)  (See  also  Itinerant  Vendors;  Mar- 
ket; (2)  Meats.) 


PETROLEUM  AND  ITS  PRODUCTS.  445 


(2)  PEDDLERS. 

Not  Allowed  in  Army  or  Navy  Uniforai. 

AN  ORDINANCE  concerning  the  right  to  vend,  hawk  or  ped- 
dle goods,  wares  or  merchandise  by  persons  in  uniform  of 
the  United  States  Army,  Navy  or  Marine  Corps. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  unlawful  for  any  person  clothed  in  the 
uniform  or  in  any  part  of  the  uniform  of  a  soldier  of  the  United 
States  Army,  Navy  or  Marine  Corps,  to  vend,  hawk  or  peddle 
goods,  w^ares  and  merchandise  within  the  boundaries  of  the  city 
of  Louisville,  whether  said  person  has  been  honorably  discharged 
or  not  from  the  said  United  States  Army,  Navy  or  Marine  Corps, 
and  w^hether  employed  by  himself  or  any  person,  firm  or  cor- 
poration, although  he  may  have  paid  the  license  therefor  as  pro- 
vided. 

§  2.  Any  person  violating  the  provisions  of  this  ordinance 
shall  be  fined  not  less  than  five  ($5.00)  dollars  nor  more  than  one 
hundred  ($100.00)  dollars  for  each  offense,  and  each  day  said 
offense  is  committed  shall  constitute  a  separate  offense. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  June  5,  1919.) 


PETROLEUM  AND  ITS  PRODUCTS. 

Storage  Thereof. 

AN  ORDINANCE  regulating  the  storage  of  petroleum  and  its 

products. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration to  store  or  keep  for  sale  in  any  one  place  or  building, 
within  the  following  boundary  of  the  city  of  Louisville,  refined 
petroleum  or  its  products  in  lots  exceeding  twenty  barrels  or 
refined  petroleum  of  approved  State  test,  and  in  lots  exceeding 
two  barrels  of  naphtha  or  gasoline,  viz: 

Beginning  at  the  point  where  Shelby  street  intersects  the 
Ohio  river,  thence  down  the  river  to  Twelfth,  and  then  down 


446  PLUMBING  BOARD. 


center  of  High  avenue  to  where  Twenty-eighth  street  would 
intersect  it;  thence  south  along  Twenty-eighth  street  to  Maple 
street;  thence  east  along  the  south  line  of  Maple  street  to  Four- 
teenth street,  south  along  Fourteenth  street  to  Ormsby  avenue, 
east  along  Ormsby  avenue  to  a  point  where,  if  extended,  it  would 
strike  Shelby  street,  north  along  Shelby  street  to  the  point  of 
beginning:  Provided,  that  lubricating  oil  and  products  used  by 
manufacturers  shall  not  be  construed  as  embraced  within  this 
ordinance. 

§  2.  The  prohibitions  of  this  ordinance  shall  only  extend  for 
the  time  between  6  p.  m.  and  6  a.  m. 

§  3.  For  any  violation  of  the  provisions  of  this  ordinance  the 
offender  shall  be  fined  not  less  than  twenty  ($20)  dollars  nor 
more  than  one  hundred  ($100)  dollars  for  each  and  every  vio- 
lation ;  each  day  such  violation  shall  continue  shall  be  considered 
a  separate  offense.  This  ordinance  is  not  to  be  construed  to  re- 
peal any  rights  given  by  this  Council  under  ordinance  of  May  6, 
1893,  referred  to. 

§  4.  The  ordinance  approved  May  6,  1893,  entitled  "An 
Ordinance  to  regulate  the  storage  of  camphene,  petroleum,  rock 
and  earth  oils,  benzine,  benzole,  naphtha,  uninspected  oils  in  the 
city  of  Louisville,"  is  hereby  repealed. 

§  5.  This  ordinance  to  take  effect  from  and  after  its  passage. 
(Approved  April  25,  1894.)      (See  also  (3)  Explosives.) 


PLUMBING  BOARD. 
Providing  for  Compensation  and  Expenses. 

AN  ORDINANCE  fixing  the  amount  to  be  paid  members  of  the 
Board  of  Examiners  of  Plumbers  for  services  rendered  in 
the  performance  of  their  duties,  and  further  providing  for 
the  payment  of  expenses  incurred  therein,  in  accordance 
with  an  act  of  the  Legislature,  approved  March  17,  1914. 

Be  it  ordained  hy  the  General  Council  of  the  city  of  Louisville: 
§  1.     The   Board    of   Examiners    of   Plumbers   consisting   of 

four  members  shall  be  paid  out  of  the  city  treasury,  out  of  a  fund 

created  by  fees  paid  by  applicants  for  plumbers'   certificates. 

Each  member  of  said  board  shall  receive  for  his  services  twelve 


PLUMBING  CODE.  447 


(12)  per  cent,  of  the  fee  collected  from  each  person  examined 
and  to  whom  a  certificate  is  issued,  or  to  whom  a  renewal  cer- 
tificate is  issued.  The  members  of  the  board  shall  be  paid  semi- 
annually. 

§  2.  The  Board  of  Examiners  of  Plumbers  shall  be  empow- 
ered to  expend  in  the  purchase  of  the  necessary  equipment  and 
material  for  the  performance  of  the  duties  of  their  office  50  per 
cent,  of  the  moneys  collected  for  plumbers'  certificates,  to  be 
paid  out  of  the  fund  created  thereby. 

§  3.  That  all  ordinances  or  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed. 

§  4.  That  this  ordinance  shall  take  eflfect  immediately  upon 
its  passage.  (Approved  September  23,  1914.)  (See  Ky.  Stat., 
3037-f.) 


(1)   PLUMBING  CODE.- 

AN  ORDINANCE  providing  rules  and  regulations  for  the  in- 
stallation and  alteration  of  plumbing  and  sewerage  in  the 
city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  the  following  rules  and   regulations   be   and  the 
same  are  adopted  for  the  installation  and  alteration  of  plumb- 
ing and  sewerage  in  the  city  of  Louisville,  and  it  shall  be  the 
duty  of  the  Inspector  of  Plumbing  to  thoroughly   inspect  all 
plumbing  and  sewerage  done  within  the  city  limits  and  rigidly 
enforce  these  rules  and  regulations. 

§  2.  Any  architect,  builder,  agent,  corporation,  owner, 
plumber  or  any  person  having  in  charge  any  building  or  prem- 
ises in  which  there  is  to  be  any  construction  or  installation  of, 
or  any  alteration  of  any  plumbing,  sewerage  or  drainage,  shall 
secure  a  permit  for  such  work  before  beginning  same. 

No  permit  shall  be  required  for  repairing  leaks,  repairing 
valves  or  cocks,  or  unstopping  and  cleaning  out  waste  pipes  or 
sewers. 

Permit  must  be  kept  upon  the  building  or  premises  for  which 
it  was  issued  until  completion  and  final  inspection  of  work. 


*See  Sec.  3037f  Ky.   St. 


448  PLUMBING  CODE. 


§  3.  The  inspector  shall  inspect  all  work  for  which  a  permit 
has  been  issued,  and  shall  issue  a  certificate  of  approval  for  all 
work  that  has  been  constructed  in  accordance  with  the  provisions 
of  this  ordinance. 

§  4,  The  inspector  shall  refuse  to  issue  a  certificate  of  ap- 
proval for  any  work  constructed  not  in  accordance  with  the  pro- 
visions of  this  ordinance,  and  shall  declare  such  work  unsafe  and 
forbid  the  use  of  same  until  it  has  been  properly  corrected. 

§  5.  It  shall  be  the  duty  of  the  inspector  to  keep  a  record  of 
all  permits  issued,  and  shall  submit  a  complete  report  at  the  end 
of  each  fiscal  year  of  all  business  done  during  the  year  to  the 
Board  of  Public  Safety. 

§  6.  A  plan,  abstract  or  written  explanation  of  the  nature 
of  work  and  method  of  performing  same  shall  be  furnished  this 
department,  and  receive  the  approval  of  the  inspector  before  a 
permit  is  issued  for  same.  Said  plan,  abstract  or  written  ex- 
planation shall  be  kept  on  file  in  the  inspector's  office. 

§  7.  Notice  for  inspection  shall  be  delivered  and  filed  at  the 
office  of  the  inspector  upon  blanks  furnished  by  this  department 
for  that  purpose. 

§  8.  It  shall  be  the  duty  of  the  constructing  plumber  or  pipe 
layer  to  have  his  work  ready  for  inspection  at  the  time  agreed 
upon  between  him  and  the  inspector. 

§  9.  All  plumbing  or  sewerage  inside  of  any  building  shall 
be  tested  with  the  water  and  smoke  test  in  the  presence  of  the 
inspector.  All  pipes,  traps  or  fittings  must  remain  uncovered 
until  they  have  successfully  passed  the  test,  and  all  contractors 
or  their  workmen,  and  all  persons  are  hereby  prohibited  from 
covering  up  or  in  any  way  obstructing  from  view  any  plumbing 
or  sewerage  until  the  same  has  been  inspected,  and  shall  have 
the  signed  seal  of  approval  of  this  department  attached  to  same. 

§  10.  The  water  test  shall  be  applied  by  closing  the  lower 
end  of  the  main  house  drain  and  filling  the  entire  system  of 
piping  with  water.  If  any  part  of  the  work  is  to  be  tested 
separately  there  shall  be  a  vertical  height  of  water  of  at  least  six 
feet  above  all  parts  of  work  so  tested.  Upon  the  completion  of 
the  work,  and  after  all  fixtures  have  been  permanently  set  and 
the  water  turned  on,  the  smoke  or  peppermint  test  shall  be  ap- 


PLUMBING  CODE.  449 


plied  in  the  presence  of  the  inspector  and  as  directed  by  him. 
The  use  of  wooden  plugs  for  the  purpose  of  closing  pipes  for 
testing  is  hereby  prohibited. 

All  parts  of  a  system  of  plumbing  or  sewerage  under  test 
shall  be  absolutely  water  and  gas  tight  before  receiving  the 
approval  of  this  department  and  any  cracked  or  defective  pipe, 
fittings,  or  material  shall  be  removed  and  replaced  with  sound 
materia}  upon  notice  of  the  inspector. 

§  11.  All  cast  iron  pipe  used  in  connection  with  a  plumbing 
or  drainage  system,  either  as  a  soil,  waste  or  vent  pipe,  shall  be 
of  the  class  known  to  the  trade  as  extra  heavy,  and  shall  have 
the  following  weight  per  lineal  foot: 

2-inch  51/2  lbs. 

3-inch  91/2  lbs. 

4-inch  13       lbs. 

5-inch  17       lbs. 

6-inch i 20       lbs. 

7-inch 27       lbs. 

8-inch  33I/2  lbs. 

10-inch  45       lbs. 

12-inch 54       lbs. 

All  cast  iron  fittings  shall  be  of  the  same  grade  and  of  a 
corresponding  weight  and  thickness. 

§  12.  All  wrought  iron  pipe  used  in  connection  with  a 
plumbing  or  drainage  system,  either  as  a  soil,  waste  or  vent 
pipe,  shall  be  the  genuine  wrought  iron  galvanized  pipe  of 
standard  weight  and  thickness. 

All  fittings  used  in  connection  with  wrought  iron  systems  of 
plumbing  or  sewerage  shall  be  galvanized,  cast  iron,  recessed, 
threaded  fittings  of  sanitary  pattern. 

§  13.  All  soil,  waste  or  drain  pipes  inside  of  any  building 
from  two  feet  outside  foundation  wall  to  their  highest  ex- 
tremity above  roof  to  be  either  extra  heavy  cast  iron  or  galvan- 
ized wrought  iron. 

The  use  of  terra  cotta  pipe  on  the  inside  of  any  building  is 
positively  prohibited. 

Where  wrought  iron  system  of  plumbing  or  drainage  are 
used  any  part  of  said  system  which  is  under  ground  shall  be 
constructed  of  extra  heavy  cast  iron  pipe  and  fittings. 


450  PLUMBING  CODE. 


§  14.  All  systems  of  wrought  iron  plumbing  or  sewerage 
shall  be  screwed  up  with  pipe  joint  cement  and  pure  linseed 
oil;  the  ends  of  pipe  to  be  butted  against  shoulder  of  fitting  and 
to  have  not  more  than  three  threads  exposed  beyond  end  of 
fitting;  the  burrs  caused  by  cutting  of  pipe  to  be  carefully  ream- 
ed out. 

§  15.  All  joints  on  cast  iron  systems  of  plumbing  or  sewer- 
age shall  be  made  with  oakum  and  pure  lead.  The  oakum  to  be 
thoroughly  packed  and  hammered  evenly  all  around  into  hub 
of  pipe  or  fitting  to  within  one  inch  of  top  of  hub,  this  to  be 
followed  by  molten  lead  until  hub  is  completely  filled  at  a  single 
pouring.  The  lead  shall  then  be  caulked  with  hammer  and 
chisel  until  water  and  gas  tight.  Joint  must  be  finished  leaving 
lead  as  near  flush  with  hub  as  possible,  and  no  joint  will  be 
accepted  where  lead  is  driven  more  than  y^  of  an  inch  from  end 
of  hub.  The  use  of  any  substance  except  lead  and  oakum  is 
prohibited  in  making  cast  iron  soilpipe  joints. 

§  16.  All  connections  between  plumbing  fixtures  and  soil, 
waste,  or  vent  pipes  shall  be  made  with  ample  provision  for 
expansion  and  contraction  or  settlement  of  pipes  or  building 
to  avoid  breaking  joint  between  pipes  and  fixtures  or  the  fix- 
ture itself  by  the  use  of  not  less  than  six  inches  nor  more  than 
thirty-six  inches  of  lead  pipe  of  a  size  required  for  waste  or 
vent  of  said  fixture. 

The  lead  pipe,  bend  or  trap  used  to  join  fixtures  to  soil,  waste, 
or  vent  pipes  shall  be  wiped  on  a  brass  ferrule  or  solder  nipple 
and  caulked  or  screwed  into  soil,  waste,  or  vent  pipe  to  which 
it  connects. 

The  use  of  combination  lead  and  iron,  or  combination  lead 
and  brass  ferrules,  bends,  traps  or  combination  soldering  nip- 
ples is  positively  prohibited. 

All  lead  pipes  used  in  connection  with  a  plumbing  or  drain- 
age system  shall  be  of  the  following  weights,  or  heavier: 

ll^-inch   3  lbs.  per  lineal  foot. 

li/o-inch 4  lbs.  per  lineal  foot. 

2  -inch 5  lbs.  per  lineal  foot. 

2V^-inch 6  lbs.  per  lineal  foot. 

3  -inch   6  lbs.  per  lineal  foot. 

4  -inch 8  lbs.  per  lineal  foot. 

5  -inch   14  lbs.  per  lineal  foot. 


PLUMBING  CODE.  451 


All  lead  traps  or  bends  to  be  of  a  corresponding  weight  and 
thickness  and  shall  have  the  weight  per  lineal  foot  stamped  upon 
same  by  the  manufacturer. 

§  17.  All  brass  ferrules  or  solder  nipples  used  in  connection 
with  soil,  waste,  or  vent  pipes  shall  be  cast  brass,  free  from 
sand  holes  or  other  defects,  with  a  thickness  of  wall  of  not  less 
than  3-16  of  an  inch.  Solder  nipples  to  be  not  less  than  three 
inches  in  length ;  ferrules  to  be  not  less  than  five  inches  in  length. 

§  18.  All  joints  between  lead  pipes,  traps  or  bends  and  solder 
nipples  or  ferrules,  or  joining  one  lead  pipe  to  another,  shall  be 
wiped  joints  made  with  plumbers'  wiping  solder  composed  of  one 
part  pure  block  tin  and  two  parts  pure  lead.  All  wiped  joints 
shall  have  the  junction  of  pipes  in  the  center  or  heaviest  part 
of  joint,  and  there  shall  be  a  thickness  of  solder  of  at  least  %  of 
an  inch  at  this  point,  and  the  joint  shall  be  of  uniform  thickness 
all  around  with  edges  wiped  clean  and  smooth.  The  length  of 
wiped  joints  be  not  less  than  one  inch  from  center  of  joint  to 
edge  of  same  on  all  sides. 

§  19.  All  work  including  soil,  waste,  vent  and  supply  pipes 
and  the  placing  of  traps  or  bends  and  the  setting  of  fixtures 
shall  be  done  in  a  neat  and  workmanlike  manner. 

The  inspector  shall  refuse  to  accept  any  work  or  material 
which  is  defective. 

All  soil,  waste,  or  vent  pipes  shall  be  securely  fastened  by 
means  of  iron  hangers,  hooks  or  floor  rests.  No  wood  or  wire 
hangers  will  be  allowed. 

Horizontal  runs  of  piping  shall  have  an  even  fall  to  outlet 
of  not  less  than  i^  of  an  inch  to  the  foot,  and  shall  be  run  true 
to  line  without  sags  or  crooks. 

Vertical  runs  of  piping  shall  be  perfectly  plumb. 

All  lead  pipes,  traps  or  bends  shall  be  securely  supported  to 
prevent  settlement  or  sagging  and  shall  be  securely  boxed  or 
covered  to  prevent  damage  by  other  workmen  during  the  erec- 
tion of  building. 

§  20.  All  supply  or  service  pipes  outside  the  walls  of  build- 
ing shall  be  run  at  least  3  feet  6  inches  below  the  surface  of 
ground.  All  supply  pipes  inside  the  walls  of  building  shall  be 
run  with  a  fall  towards  the  main  stop  and  waste  cock,  and 
wherever  trapped  shall  be  provided  with  extra  waste  or  pet  cocks 
to  drain  this  part  of  piping. 


452  PLUMBING  CODE. 


All  supply  pipes  to  be  put  up  in  a  neat  and  workmanlike  man- 
ner, securely  fastened  with  iron  or  brass  pipe  supports,  screwed 
to  wood  strip  fastened  to  wall.  The  entire  system  of  supply 
piping  to  be  installed  in  such  a  manner  that  it  can  be  quickly 
drained  to  some  protected  portion  of  building  to  prevent  freez- 
ingu 

§  21.  Every  water  closet,  urinal,  sink,  washstand,  bathtub, 
foot  tub,  shower  bath,  cesspool,  laundry  tray,  or  set  of  laundry 
trays,  or  any  fixture  or  receptacle  connecting  with  a  plumbing 
or  sewerage  system,  shall  be  separately  and  independently 
trapped. 

Two  or  more  laundry  trays  may  be  connected  to  a  continu- 
ous waste,  and  may  be  connected  to  one  trap. 

Each  section  or  bowl  of  a  battery  of  washstand  shall  require 
a  separate  trap. 

§  22.  Bathtubs,  foot  tubs  or  any  fixture  or  receptacle  re- 
quiring a  trap  to  be  placed  under  the  floor  shall  be  provided  with 
a  drum  trap,  with  a  cleanout  screw  or  cap  not  less  than  3  inches 
inside  diameter,  placed  flush  with  top  of  floor  in  an  accessible 
position  for  cleaning. 

§  23.  Trap  to  fixtures  shall  be  placed  as  close  as  possible  to 
the  outlet  of  fixture  which  it  serves.  No  trap  shall  be  set  more 
than  12  inches  from  the  outlet  of  fixture  to  the  center  of  water 
seal  in  trap,  except  for  shower  bath  receptacles  or  recessed 
bathtub.  Trap  for  the  above  mentioned  fixtures  shall  not  be 
placed  more  than  36  inches  from  outlet  of  fixture  to  center  of 
water  seal  in  trap,  and  shall  be  placed  closer  if  possible. 

§  24.  Where  continuous  waste  pipes  are  used  for  wash  trays, 
all  branches  and  parts  of  waste  pipe  and  trap  shall  be  screwed 
together  if  brass  or  wrought  iron  pipe.  No  slip  joints  will  be 
accepted. 

§  25.  All  soil  or  waste  pipes  entering  a  building  shall  be  run 
full  size  from  its  base  to  the  roof  and  pass  through  same.  They 
shall  be  increased  one  size  before  passing  through  roof  and  shall 
extend  at  least  12  inches  above  roof.  The  pipe  passing  through 
roof  shall  be  securely  and  neatly  flashed  with  4-lb.  sheet  lead  or 
12-oz.  copper.  The  use  of  galvanized  iron  tin  flashings  is  pro- 
hibited. 

§  26.  Where  the  continuous  system  of  venting  is  used,  every 
branch  or  fixture  connecting  to  the  main  soil  or  waste  pipe  shall 


PLUMBING  CODE.  453 


have  an  independent  or  separate  fitting  in  the  main  soil  or  waste 
pipe  for  same.  Every  branch  waste  connecting  into  the  main 
soil  or  waste  pipe  which  is  more  than  36  inches  in  length,  includ- 
ing all  piping  from  and  between  center  line  of  water  seal  in 
trap  and  center  line  of  diameter  and  length  of  fitting  to  which 
it  connects  shall  be  carried  out  through  roof  in  all  respects  like 
the  main  soil  or  waste  pipe,  or  it  may  be  connected  to  main  vent 
pipe  12  inches  or  more  above  the  overflow  level  of  highest  fix- 
ture connected  to  same. 

§  27.  Where  one  or  more  branches  or  lateral  vent  pipes  are 
connected  into  the  main  vent  stack,  the  main  vent  stack  shall 
be  increased  to  equal  the  combined  area  of  itself  and  the  pipes 
added  to  it.  In  no  case,  however,  shall  the  main  vent  pipe  be 
increased  to  exceed  in  size  the  main  soil  or  waste  pipe  or  pipes 
entering  building  at  base,  except  that  part  passing  through  roof. 
§  28.  The  maximum  number  of  fixtures  allowed  on  the  dif- 
ferent sizes  of  pipes  on  what  is  known  as  the  continuous  system 
of  venting  shall  be  as  follows: 

From     1  to     10  water  closets   ...A     -inch  pipe. 

From  10  to     20  water  closets    ....5     -inch  pipe. 

From  20  to     50  water  closets  ....  6     -inch  pipe. 

From  50  to  100  water  closets   ....8     -inch  pipe. 

From     1  to       3  sinks    2     -inch  pipe. 

From     3  to       6  sinks    2i/2-inch  pipe. 

From     6  to     12  sinks    3     -inch  pipe. 

From  12  to     30  sinks    4     -inch  pipe. 

From  30  to     60  sinks 5     -inch  pipe. 

From  60  to  150  sinks    6     -inch  pipe. 

From     1  to       4  slop  sinks 3     -inch  pipe. 

From     4  to     12  slop  sinks 4     -inch  pipe. 

From  12  to     25  slop  sinks 5     -inch  pipe. 

The  number  of  bathtubs,  foot  tubs,  laundry  trays,  wash- 
stands,  urinals,  or  in  fact  any  plumbing  fixture  or  receptacle 
having  waste  pipes  not  exceeding  2  inches  in  diameter  allowed 
on  any  soil  or  waste  pipe,  shall  be  the  same  as  specified  for 
sinks. 

Three  fixtifres  with  waste  pipes  not  exceeding  2  inches  in- 
side diameter,  or  smaller,  shall  be  considered  the  same  as  one 
water  closet ;  six  fixtures  with  waste  pipes  not  exceeding  2  inches 
inside  diameter  or  smaller  shall  be  considered  the  same  as  two 


454  PLUMBING  CODE. 


water  closets  and  so  forth  in  this  proportion.  This  shall  apply 
in  all  cases  where  it  is  desirable  to  connect  the  different  fixtures 
such  as  water  closets  and  bathroom  or  other  fixtures  to  the  same 
soil  or  waste  pipe. 

Slop  sinks  when  connected  to  soil  or  waste  pipes  to  which 
other  plumbing  fixtures  are  connected  shall  be  considered  the 
same  as  water  closets  and  shall  require  the  same  size  waste 
pipes. 

Size  of  trap  to  be  used  in  connection  with  plumbing  fixtures 
shall  be  as  follows: 

Water  closets   4-inch  trap. 

Urinals    2-inch  and  3-inch  trap. 

Slop  sinks 2-inch  and  3-inch  trap. 

Kitchen  sinks 2-inch  trap. 

Pantry  sinks    li/j-inch  and  2-inch  trap. 

Bar  sinks   IV^-inch  and  2-inch  trap. 

Laundry  tray,  1  compartment li/2-inch  trap. 

Laundry  tray,  2  or  more  compart- 
ments     2-inch  trap. 

Bathtubs  to  have  drum  trap  with,  li/2-inch  or  2-inch  waste 
connections. 

Shower  baths  or  receptacles  to  have  drum  trap  with  2-inch 
waste  connections. 

Cesspools  shall  be  provided  with  deep  seal  trap  placed  di- 
rectly under  outlet  of  same.  This  shall  include  bell  trap,  and 
back  water  trap  cesspools  as  well  as  all  others,  and  when  placed 
inside  of  a  building  shall  be  provided  with  running  water. 

§  29.  Where  the  revent  system  is  used,  the  number  of  fix- 
tures allowed  on  the  different  sizes  of  pipes  given  in  Section 
28  may  be  doubled,  providing,  however,  that  all  branches  or  sub- 
branches  connecting  into  main  soil  or  waste  pipe  shall  be  pro- 
vided with  a  special  air  or  revent  pipe  to  prevent  back  pressure 
of  sewer  air  and  trap  siphonage. 

The  sizes  of  revent  pipes  shall  be  as  follows : 

Size  of  Branch.  No.  of  Branch.  Size  of  Vent. 

6     -inch 1  to     4 2i/o-inch 

6     -inch 4  to  12 3     -inch 

5     -inch 1  to     4 2     -inch 

5     -inch 4  to  12 21/2-inch 


PLUMBING  CODE. 


455 


5     -inch 

12 

to 

24 

.3     -] 

nch 

4     -inch 

1 

to 

6 

.2     -] 

nch 

4     -inch 

6 

to 

15 

.21/,-] 

nch 

4     -inch 

15 

to 

30 

.3     -] 

nch 

3     -inch 

1 

to 

8 

.2     -] 

nch           -z 

3     -inch 

8 

to 

20 

.21/2-] 

nch 

3     -inch 

20 

to 

40 

.3     -] 

nch 

2     -inch 

1 

to 

6 

.11/2-] 

inch 

2     -inch 

6 

to 

12 

.2     -] 

Lnch 

2     -inch 

12 

to 

24 

.21/2-] 

inch 

2     -inch 

24 

to 

50 

.3     -] 

inch 

li/o-inch 

1 

to 

8 

.11/2-] 

inch 

114-inch 

8 

to 

16 

.2     -] 

inch 

11/2-inch 

16 

to 

30 

.21/2-] 

inch 

11/2-inch 

30 

to 

70 

.3     -] 

inch 

§  30.  All  pipes  used  for  venting  shall  be  either  extra  heavy- 
cast  iron,  standard  galvanized  wrought  iron,  or  lead  pipe  of 
the  weight  and  thickness  provided  for  in  Section  16. 

§  31.  Revent  or  back  air  pipes  shall  not  be  taken  from  or 
branched  into  the  crown  of  a  trap,  but  shall  be  a  continuation 
of  the  waste  pipe  and  have  the  trap  Y  branched  into  same  in 
such  a  manner  that  the  flushing  of  fixture  shall  wash  away 
any  accumulated  rust  or  other  obstruction  that  may  gather  in 
same. 

All  revent  or  back  air,  or  vent  pipes  of  any  description  shall 
be  run  as  near  vertical  as  possible,  and  where  necessary  to  off- 
set same  the  offset  shall  be  made  at  the  angle  of  45  degrees  or 
less  if  practicable. 

§  32.  Revent  or  back  air  pipes  may  be  connected  together 
12  inches  above  the  overflow  line  of  fixtures  by  increasing  the 
size  of  the  vent  at  this  point  to  equal  the  combined  areas  of  the 
pipes  added  to  it,  but  in  no  case  shall  the  main  vent  exceed  the 
area  of  the  soil  or  waste  pipe  or  pipes  entering  building  at  base, 
except  that  part  passing  through  roof,  which  shall  be  increased 
one  size. 

§  33.  When  any  vent  pipe  of  any  description  after  passing 
through  roof  comes  within  10  feet  of  any  door  or  window,  it 
shall  be  extended  at  least  3  feet  above  top  of  same. 


456  PLUMBING  CODE. 


§  34.  No  rain  water  conductor  shall  be  used  as  a  soil,  waste 
or  vent  pipe,  nor  connected  therewith,  nor  shall  any  soil,  waste 
or  vent  pipe  be  used  as  a  rain  water  conductor. 

§  35.  The  plumbing-  and  sewerage  of  every  building  shall  be 
separately  and  independently  connected  with  the  public  sewer 
where  such  sewer  is  provided,  or  with  proper  cesspool,  vault,  or 
dry  well  outside  of  building-  where  sewer  is  not  accessible.  It 
is  positively  prohibited  to  connect  the  waste  of  any  plumbing 
fixture  to  any  street  or  alley,  or  any  vault,  or  dry  well  inside  of 
building. 

§  36.  All  waste  or  overflow  pipes  from  safes  under  water 
closets  or  other  fixtures,  or  from  tanks,  shall  be  run  separately 
to  basement  or  cellar,  or  to  any  open  receptable  properly  trapped, 
and  in  no  case  shall  they  be  connected  directly  with  any  soil, 
waste,  vent  or  drain  pipe. 

§  37.  Refrigerator  waste  pipes  shall  not  be  connected  direct- 
ly with  any  soil,  waste,  vent  or  drain  pipe,  or  the  waste  pipe  of 
any  plumbing  fixture,  but  shall  be  run  separately  to  some  open 
sink  or  receptacle  properly  trapped. 

Refrigerator  waste  pipe  shall  be  provided  with  suitable  trap 
and  funnel  set  close  to  the  refrigerator,  but  not  connected  direct- 
ly to  same. 

§  38.  No  steam,  exhaust,  blow-off  or  drip  pipe  shall  be 
directly  connected  with  any  soil,  waste,  vent  or  drain  pipe,  but 
shall  be  run  to  an  open  receptacle  or  cesspool  properly  trapped 
and  connected  to  sewer,  or  they  may  be  run  to  a  closed  blow- 
off  tank,  provided  the  same  is  equipped  with  a  vent  pipe  equal 
in  area  to  the  inlet  to  tank  and  properly  trapped  and  connected 
to  sewer. 

This  section  does  not  apply  to  low  pressure  steam  or  hot 
water  heating  plants. 

§  39.  Blow-off  or  sediment  wastes,  or  overflow  pipes  from 
expansion  tanks  on  hot  water,  or  low  pressure  steam  heating 
plants  may  be  directly  connected  with  sewer,  but  shall  be  pro- 
vided with  deep  seal  trap  placed  on  line  before  connecting  with 
sewer. 

§  40.  In  no  case  shall  a  vent  pipe  be  connected  with  any 
chimney  or  flue,  nor  shall  any  chimney  or  flue  be  used  as  a  vent 
pipe  from  any  plumbing  system. 


PLUMBING  CODE.  457 


Local  vents  may  be  connected  to  hot  air  stacks  in  which  there 
is  a  continual  circulation  when  such  hot  air  stacks  are  accessible. 
This  does  not  apply  to  smoke  stacks. 

§  41.  The  placing  of  water  closets  in  unventilated  compart- 
ments is  positively  prohibited.  In  every  case  the  room  or  com- 
partment shall  be  open  to  the  outer  air,  or  be  ventilated  by  an 
air  duct  or  shaft.  ^ 

§  42.  Water  closets  or  urinals  placed  in  outhouses  shall  have 
their  trap  and  supply  or  flushing-  valves  properly  placed  in  a  pit 
underneath,  or  in  the  ground  to  prevent  freezing.  In  all  cases, 
they  shall  be  properly  connected  with  the  water  supply. 

§  43.  The  use  of  pan  closets  or  any  other  closet  or  latrine  in 
which  the  soil  comes  in  contact  with  the  metallic  parts  of  same, 
is  strictly  forbidden  on  the  inside  of  any  building,  and  all  such 
closets  in  use  at  the  present  time  are  hereby  condemned,  and  no 
plumber  or  person  shall  repair  any  such  closets,  but  shall  report 
such  closets  when  out  of  order  to  the  inspector. 

§  44.  Every  water  closet,  latrine  and  urinal  shall  be  equip- 
ped with  a  tank  or  flushing  device  properly  connected  with  the 
water  supply,  and  of  ample  capacity  to  thoroughly  flush  and 
cleanse  same. 

Every  water  closet  shall  be  connected  to  the  soil  pipe  by  means 
of  a  brass  floor  flange  or  sanitary  screw  connection  properly 
soldered  to  lead  waste  connection  and  securely  bolted  or  screwed 
to  bowl. 

§  45.  The  term  "soil  pipe"  is  applied  to  any  vertical  or  hori- 
zontal line  of  piping  receiving  the  discharge  of  one  or  more 
water  closets  with  or  without  other  fixtures. 

The  term  "waste  pipe"  is  applied  to  any  line  of  piping  receiv- 
ing the  discharge  of  any  fixtures  excepting  water  closets. 

The  term  "vent  or  revent  pipe"  is  applied  to  any  line  of  piping 
used  to  ventilate  the  system  of  plumbing  and  to  revent  back 
pressure  and  trap  siphonage. 

The  term  "main  sewer"  is  applied  to  that  portion  of  the  sewer 
connecting  with  the  city  sewer  or  to  the  vault  in  yard  up  to  the 
point  where  the  first  branch  is  taken  off. 

§  46.  All  te-rra  cotta  pipe  used  in  connection  with  a  plumb- 
ing system  shall  be  of  a  size  approved  by  the  inspector,  but  in 
no  case  shall  a  main  sewer  be  less  than  5  inches. 


458  PLUMBING  CODE. 


§  47.  All  terra  cotta  pipe  shall  be  of  the  best  quality  salt 
glazed  vitreous  pipe,  to  be  sound,  true,  straight,  and  of  even 
diameter  and  thickness.  It  shall  be  laid  in  as  straight  a  line  as 
possible  with  an  even  grade  to  outlet  of  l^  of  an  inch  to  the  foot 
or  more  where  possible. 

All  branches  shall  be  made  with  Ys;  all  turns  with  Yg  bends 
or  long  pattern  l^  bends. 

§  48.  All  joints  on  terra  cotta  pipe  shall  be  made  with  first- 
class  hydraulic  cement,  one  part,  and  clean  sharp  sand,  two 
parts,  and  joints  shall  be  well  filled  and  troweled  off  smooth. 
Each  joint  shall  be  swabbed  out  on  the  inside  after  making 
same  and  special  care  must  be  taken  that  no  part  of  cement 
remains  on  inside  of  pipe  or  fittings. 

§  49.  No  trap  shall  be  placed  on  the  main  line  of  any  sewer 
except  by  orders  of  the  inspector.  Where  traps  are  required  and 
ordered  by  the  inspector,  they  shall  be  provided  with  a  fresh  air 
inlet  equal  in  size  to  the  vent  pipe  passing  through  roof  of  build- 
ing brought  up  to  surface  of  ground  and  provided  with  strainer 
securely  fastened  to  pipe. 

Fresh  air  inlets  shall  be  placed  as  far  away  from  any  door  or 
window  as  possible,  and  their  location  shall  be  subject  to  the 
approval  of  the  inspector. 

§  50.  All  down  spouts  or  rain  water  pipes  connecting  with 
a  sewer  shall  be  trapped.  One  trap  may  be  used  to  trap  one  or 
more  down  spouts,  and  where  there  is  no  other  soil  or  waste 
pipe  connecting  with  this  branch. 

All  traps  shall  be  placed  at  least  two  feet  below  surface  of 
ground  when  on  the  outside  of  building  to  prevent  freezing. 

Where  there  is  a  separate  main  sewer  provided  for  storm 
water,  and  a  sanitary  main  sewer  for  plumbing  systems,  it  is 
positively  forbidden  to  connect  any  cesspool  or  plumbing  fixture 
of  any  description  to  the  storm  water  sewer,  or  any  rain  water 
pipes  to  the  sanitary  sewer. 

.    All  systems  of  drainage  from  plumbing  fixtures  or  cesspools 
shall  be  connected  with  the  sanitary  sewer. 

All  down  spouts  or  rain  water  leaders  shall  be  connected  with 
the  storm  water  sewer. 

§  51.  No  cup  or  blow  joint  will  be  allowed  on  any  soil,  waste, 
vent  or  supply  pipe  connection. 


PLUMBING  CODE.  459 


No  saddle  hub  connections  will  be  allowed  on  any  soil,  waste 
or  vent  pipes.  •         ■ 

No  tapping  into  soil,  waste,  or  vent  pipes  will  be  allowed. 
Branches  into  soil,  waste,  or  vent  pipes  shall  be  made  with  the 
proper  fittings,  caulked  or  screwed  on  to  same.  Branches  into 
lead  wastes  may  be  tapped  in  and  properly  wiped  with  solder. 
No  tapping  into  terra  cotta  sewers  will  be  allowed.  In  all  cases, 
the  branch  shall  be  made  with  a  Y  fitting  properly  cemented  into 
sewer.  No  slip  joints  will  be  allowed  on  the  sewer  or  outlet  side 
of  any  trap,  or  on  any  soil,  waste  or  vent  pipe. 

§  52.  No  square  or  straight  inlet  fittings  will  be  allowed  on 
any  soil,  waste,  or  vent  pipes.  In  all  cases  fitting  of  a  sanitary 
pattern,  or  with  branches  entering  fitting  at  an  angle  of  45  de- 
grees shall  be  used. 

No  crosses  will  be  allowed  on  any  soil,  waste,  or  vent  pipe. 
Double  Y  branches  may  be  used. 

No  sleeves  or  double  hubs  will  be  allowed  on  any  soil,  waste, 
or  vent  pipes. 

No  side  inlet  fittings  will  be  allowed,  except  those  of  a  sani- 
tary pattern  with  branches  having  an  easy  curve  or  angle  to- 
wards outlet  end  of  fitting. 

No  inverted  soil  pipe  joints  will  be  allowed  on  any  soil,  waste 
or  vent  pipes. 

No  black  or  painted  wrought  iron  or  steel  pipe  shall  be  used 
as  a  soil,  waste,  or  vent  pipe. 

No  painted  iron  water  closet,  latrine  or  urinal  shall  be  al- 
lowed in  any  building.  In  all  cases,  these  fixtures  must  be  either 
vitreous  china  or  porcelain  enameled  iron. 

§  53.  That  any  person,  firm  or  corporation  violating  any  pro- 
visions of  this  ordinance  shall  be  guilty  of  a  misdemeanor  and 
shall,  upon  conviction,  be  subject  to  a  fine  of  not  less  than  $5.00 
(five  dollars)  or  more  than  $50.00  (fifty  dollars)  for  each  of- 
fense, and  each  day's  continuance  of  such  violation  shall  con- 
stitute a  separate  offense. 

§  54.  That  all  ordinances,  or  parts  of  ordinances,  in  conflict 
with  the  foregoing  ordinances,  and  especially  an  ordinance  en- 
titled "An  Ordinance  approving  a  code  of  rules  and  regulations 
for  the  government  of  the  department  of  plumbing  and  house 
drainage  in  the  city  of  Louisville,"  approved  December  15,  1902, 
are  hereby  repealed. 


460  PLUMBING  CODE. 


§  55.  That  this  ordinance  shall  take  effect  ninety  (90)  days 
after  its  passage.     {Approved  June  22,  1911.) 

(See  also  Sanitatioii;  Tenement  House  Law  (Cfiarter)  ; 
Seioers;  Drains.) 


(2)  PLUMBING  CODE.* 

Passed  Pursuant  to  Act  of  March,  1914 
(Sec.  3037f  Ky.  St.) 

AN  ORDINANCE  to  provide  a  Code  or  Rules  reg^ulating  the 
work  of  plumbing-  and  drainage  in  the  city  of  Louisville,  Ky., 
including  the  materials  and  workmanship  and  manner  of 
executing  the  work  connected  with  plumbing  and  drainage 
therein  in  accordance  with  an  act  of  the  Legislature,  ap- 
proved March  18,  1914,  and  to  fix  the  time  and  place  for  ex- 
aminations required  therein  and  the  mode  in  which  revoca- 
tion of  and  reissue  of  certificate  or  certificates  required 
therein  shall  be  made. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  following  rules  and  regulations  be  and  the  same 
are  adopted  for  the  installation  and  alteration  of  plumbing  and 
sewerage  in  the  city  of  Louisville,  and  it  shall  be  the  duty  of  the 
Inspector  of  Plumbing  to  thoroughly  inspect  all  plumbing  and 
sewerage  done  within  the  city  limits  and  rigidly  enforce  these 
rules  and  regulations. 

§  2.  Any  architect,  builder,  agent,  corporation,  owner, 
plumber  or  any  person  having  in  charge  any  building  or  premises 
in  which  there  is  to  be  any  construction  or  installation  or  any 
alteration  of  any  plumbing,  sewerage  or  drainage,  shall  secure 
a  permit  for  such  work  before  beginning  same. 

No  permit  shall  be  required  for  repairing  leaks,  repairing 
valves  or  cocks,  or  unstopping  or  cleaning  out  waste  pipes  or 
sewers. 

Permit  must  be  kept  upon  the  building  or  premises  for  which 
it  was  issued  until  completion  and  final  inspection  of  work. 

§  3.  The  inspector  shall  inspect  all  work  for  which  a  permit 
has  been  issued,  and  shall  issue  a  certificate  of  approval  for  all 
work  that  has  been  constructed  in  accordance  with  the  provisions 
of  this  ordinance. 


*See  City  of  Louisville  v.  Coulter,  177  Ky.  242,  197  S.  W.  819. 


PLUMBING  CODE.  461 


§  4.  The  inspector  shall  refuse  to  issue  a  certificate  of  ap- 
proval for  any  work  constructed  not  in  accordance  with  the 
provisions  of  this  ordinance,  and  shall  declare  such  work  unsafe 
and  forbid  the  use  of  same  until  it  has  been  properly  correctea. 

§  5.  It  shall  be  the  duty  of  the  inspector  to  keep  a  record  of 
all  permits  issued,  and  shall  submit  a  complete  report  at  the  end 
of  each  fiscal  year  of  all  business  done  during  the  year  to  the 
Board  of  Public  Safety. 

§  6.  A  plan,  abstract  or  written  explanation  of  the  nature 
of  work  and  method  of  performing  same  shall  be  furnished  this 
department,  and  receive  the  approval  of  the  inspector  before  a 
permit  is  issued  for  same.  Said  plan,  abstract  or  written  ex- 
planation shall  be  kept  on  file  in  the  inspector's  office. 

§  7.  Notice  for  inspection  shall  be  delivered  and  filed  at  the 
office  of  the  inspector  upon  blanks  furnished  by  this  department 
for  that  purpose. 

§  8.  It  shall  be  the  duty  of  the  constructing  plumber  or  pipe 
layer  to  have  his  work  ready  for  inspection  at  the  time  agreed 
upon  between  him  and  the  inspector. 

§  9.  All  plumbing  or  sewerage  inside  of  any  building  shall 
be  tested  with  the  water  and  smoke  test  in  the  presence  of  the 
inspector.  All  pipes,  traps  or  fittings  must  remain  uncovered 
until  they  have  successfully  passed  the  test,  and  all  contractors 
or  their  workmen,  and  all  persons  are  hereby  prohibited  from 
covering  up  or  in  any  way  obstructing  from  view  any  plumbing 
or  sewerage  until  the  same  has  been  inspected,  and  shall  have 
the,  signed  seal  of  approval  of  this  department  attached  to  same. 

§  10.  The  water  test  shall  be  applied  by  closing  the  lower  end 
of  the  main  house  drain  and  filling  the  entire  system  of  piping 
with  water.  If  any  part  of  the  work  is  to  be  tested  separately, 
there  shall  be  a  vertical  height  of  water  of  at  least  six  (6)  feet 
above  all  parts  of  the  work  so  tested.  Upon  the  completion  of 
the  work,  and  after  all  fixtures  have  been  permanently  set  and 
the  water  turned  on,  the  smoke  or  peppermint  test  shall  be  ap- 
plied in  the  presence  of  the  inspector  and  as  directed  by  him. 
The  use  of  wooden  plugs  for  the  purpose  of  closing  pipes  for 
testing  is  hereby  prohibited. 

All  parts  of  a  system  of  plumbing  or  sewerage  under  test 
shall  be  absolutely  water  and  gas  tight  before  receiving  the  ap- 


462  PLUMBING  CODE. 


proval  of  this  department,  and  any  cracked  or  defective  pipe, 
fittings  or  material  shall  be  removed  and  replaced  with  sound 
material  upon  the  notice  of  the  inspector. 

§  11.  All  cast  iron  pipe  used  in  connection  with  a  plumbing 
or  drainage  system,  either  as  a  soil,  waste  or  vent  pipe,  shall  be 
of  a  class  known  to  the  trade  as  extra  heavy,  and  shall  have  the 
following  weights  per  lineal  foot: 

2-inch 51/2  lbs. 

3-inch 91/2  lbs. 

4-inch 13      lbs. 

5-inch   17      lbs. 

6-inch 20      lbs. 

7-inch 27      lbs. 

8-inch  331/2  lbs. 

10-inch   45     lbs. 

12-inch 54      lbs. 

All  cast  iron  fitting  shall  be  of  the  same  grade  and  of  a  corre- 
sponding weight  and  thickness. 

§  12.  All  wrought  iron  pipe  used  in  connection  with  a  plumb- 
ing or  drainage  system,  either  as  a  soil,  waste  or  vent  pipe,  shall 
be  the  genuine  wrought  iron  galvanized  pipe  or  standard  weight 
and  thickness. 

All  fittings  used  in  connection  with  wrought  iron  systems  of 
plumbing  or  sewerage  shall  be  galvanized,  cast  iron,  recessed 
threaded  fittings  of  sanitary  pattern. 

§  13.  All  soil,  waste  or  drain  pipes  inside  of  any  building 
from  two  feet  outside  foundation  wall  to  their  highest  extremity 
above  roof  to  be  either  extra  heavy  cast  iron  or  galvanized 
wrought  iron. 

The  use  of  terra  cotta  pipe  on  the  inside  of  any  building  is 
positively  prohibited. 

Where  wrought  iron  systems  of  plumbing  or  drainage  are 
used,  any  part  of  said  system  which  is  underground  shall  be  con- 
structed of  extra  heavy  cast  iron  pipe  and  fittings. 

§  14.  All  systems  of  wrought  iron  plumbing  or  sewerage 
shall  be  screwed  up  with  pipe  joint  cement  and  pure  linseed  oil; 
the  ends  of  the  pipe  to  be  butted  against  shoulder  of  fitting  and 
to  have  not  more  than  four  threads  exposed  beyond  end  of  fitting; 
the  burrs  caused  by  cutting  of  pipe  to  be  carefully  reamed  cut. 


PLUMBING  CODE.  463 


§  15.  All  joints  on  cast  iron  systems  of  plumbing  or  sewer- 
age shall  be  made  with  oakum  and  pure  lead.  The  oakum  to  be 
thoroughly  packed  and  hammered  evenly  all  around  into  hub 
of  pipe  or  fitting  to  within  one  inch  of  top  of  hub,  this  to  be  fol- 
lowed by  molten  lead  until  hub  is  completely  filled  at  a  single 
pouring.  The  lead  shall  then  be  caulked  with  hammer  and  chisel 
until  water  and  gas-tight.  Joint  must  be  finished  leaving  lead 
as  near  flush  with  hub  as  possible  and  no  joint  will  be  accepted 
where  lead  is  driven  more  than  one-eighth  of  an  inch  from  end 
of  hub.  The  use  of  any  substance  except  lead  and  oakum  is  pro- 
hibited in  making  cast  iron  soil  pipe  joints. 

§  16.  All  connections  between  plumbing  fixtures  and  soil, 
waste  or  vent  pipes  shall  be  made  with  ample  provision  for  ex- 
pansion and  contraction  or  settlement  of  pipes  or  building  to 
avoid  breaking  joint  between  pipes  and  fixtures  or  the  fixture 
itself  by  the  use  of  not  less  than  six  inches  nor  more  than  thirty- 
six  inches  of  lead  pipe  of  a  size  required  for  waste  or  vent  of 
said  fixtures. 

The  lead  pipe,  bend  or  trap  used  to  join  fixtures  to  soil,  waste 
or  vent  pipes  shall  be  wiped  on  to  brass  ferrule  or  solder  nipple 
and  caulked  or  screwed  into  soil,  waste  or  vent  pipe  to  which  it 
connects. 

The  use  of  combination  lead  and  iron,  or  combination  lead 
and  brass  ferrules,  benr^s,  traps  or  combination  soldering  nip- 
ples is  positively  prohibited. 

All  lead  pipes  used  in  connection  with  a  plumbing  or  drainage 
system  shall  be  of  the  following  weights,  or  heavier: 

114-inch 3  lbs.  per  lineal  foot. 

lV2-inch 4  lbs.  per  lineal  foot. 

2  -inch 5  lbs.  per  lineal  foot. 

21/2-iiich 6  lbs.  per  lineal  foot. 

3  -inch 6  lbs.  per  lineal  foot. 

4  -inch 8  lbs.  per  lineal  foot. 

5  -inch 14  lbs.  per  lineal  foot. 

All  lead  traps  or  bends  to  be  of  a  corresponding  weight  and 
thickness,  and  shall  have  the  weight  per  lineal  foot  stamped  upon 
same  by  the  manufacturer. 

§  17.  All  brass  ferrules  or  solder  nipples  used  in  connection 
with  soil,  waste  or  vent  pipes  shall  be  cast  brass,  free  from  sand 
holes  or  other  defects,  with  a  thickness  of  wall  of  not  less  than 


464  PLUMBING  CODE. 


three-sixteenths  of  an  inch.  Solder  nipples  to  be  not  less  than 
three  inches  in  length;  ferrules  to  be  not  less  than  five  inches  in 
length. 

§  18.  All  joints  between  lead  pipes,  traps  or  bends  and  solder 
nipples  or  ferrules,  or  joining  one  lead  pipe  to  another,  shall  be 
wiped  joints  made  with  plumber's  wiping  solder  composed  of 
one  part  pure  block  tin  and  two  parts  pure  lead.  All  wiped 
joints  shall  have  the  junction  of  pipes  in  the  center  or  heaviest 
part  of  joint,  and  there  shall  be  thickness  of  solder  of  at  least 
three-eighths  of  an  inch  at  this  point,  and  the  joint  shall  be 
of  uniform  thickness  all  around,  with  edges  wiped  clean  and 
smooth.  The  length  of  wiped  joints  shall  be  not  less  than  one 
inch  from  center  of  joint  to  edge  of  same  on  all  sides. 

§  19.  All  work  inclujding  soil,  waste,  vent  and  supply  pipes 
and  the  placing  of  traps  or  bends  and  the  setting  of  fixtures, 
shall  be  done  in  a  neat  and  workmanlike  manner. 

The  inspector  shall  refuse  to  accept  any  work  or  material 
which  is  defective. 

All  soil,  waste  or  vent  pipes  shall  be  securely  fastened  by 
means  of  iron  hangers,  hooks  or  floor  rests.  No  wood  or  wire 
hangers  will  be  allowed. 

Horizontal  runs  of  piping  shall  have  an  even  fall  to  outlet  of 
not  less  than  one-eighth  of  an  inch  to  the  foot,  and  shall  be  run 
true  to  line  without  sags  or  crooks. 

Vertical  runs  of  piping  shall  be  perfectly  plumb. 

All  lead  pipes,  traps  or  bends  shall  be  securely  supported  to 
prevent  settlement  or  sagging,  and  shall  be  securely  boxed  or 
covered  to  prevent  damage  by  other  workmen  during  the  erec- 
tion of  building. 

§  20.  All  supply  or  service  pipes  outside  the  walls  of  build- 
ing shall  be  run  at  least  three  feet  below  surface  of  ground.  All 
supply  pipes  inside  the  Asalls  of  building  shall  run  with  a  fall 
toward  the  main  stop  and  waste  cock  and  wherever  trapped  shall 
be  provided  with  extra  waste  or  pet  cocks  to  drain  this  part  of 
piping. 

All  supply  pipes  to  be  put  in  in  a  neat  and  workmanlike  man- 
ner, securely  fastened  with  iron  or  brass  pipe  supports,  screwed 
to  wood  strip  fastened  to  jvall.  The  entire  system  of  supply  pip- 
ing to  be  installed  in  such  a  manner  that  it  can  be  quickly  drained 
to  some  protected  portion  of  building  to  prevent  freezing. 


PLUMBING  CODE.  465 


§  21.  Every  water  closet,  urinal,  sink,  washstand,  bath  tub, 
foot  tub,  shower  bath,  cesspool,  laundry  tray  or  set  of  laundry 
trays,  or  any  fixture  or  receptacle  connecting  with  a  plumbing 
or  sewerage  system,  shall  be  separately  and  independently 
trapped. 

Two  or  more  laundry  trays  may  be  connected  to  a  continuous 
waste,  and  may  be  connected  to  one  trap. 

Each  section  or  bowl  of  a  battery  of  washstands  shall  require 
a  separate  trap. 

§  22.  Bath  tubs,  foot  tubs  or  any  fixture  or  receptacle  re- 
quiring a  trap  to  be  placed  under  the  floor  shall  be  provided 
with  a  drum  trap  with  a  cleanout  screw  or  cap  not  less  than  three 
inches  diameter  placed  flush  with  top  of  floor  in  an  accessible 
position  for  cleaning. 

§  23.  Trap  to  fixture.s  shall  be  placed  as  close  as  possible  to 
the  outlet  of  fixtures  which  it  serves.  No  trap  shall  be  set  more 
than  twelve  inches  from  the  outlet  of  fixture  to  the  center  of 
water  seal  in  trap,  except  for  shower  bath  receptacle  or  recessed 
bath  tubs.  Traps  for  the  above-mentioned  fixtures  shall  not  be 
placed  more  than  thirty-six  inches  from  outlet  of  fixture  to 
center  of  water  seal  in  trap,  and  shall  be  placed  closer  if  possible. 

§  24.  Where  continuous  waste  pipes  are  used  for  wash  trays, 
all  branches  and  parts  of  waste  pipe  and  trap  shall  be  screwed 
together  if  brass  or  wrought  iron  pipe.  No  slip  joints  will  be 
accepted. 

§  25.  All  soil  or  waste  pipes  entering  a  building  shall  be 
run  full  size  from  its  base  to  the  roof  and  pass  through  same. 
They  shall  be  increased  one  size  before  passing  through  roof,  and 
shall  extend  at  least  twelve  inches  above  roof.  The  pipe  pass- 
ing through  roof  shall  be  securely  and  neatly  flashed  with  4-lb. 
sheet  lead  or  12-oz.  copper.  The  use  of  galvanized  iron  or  tin 
flashings  is  prohibited. 

§  26.  Where  the  continuous  system  of  venting  is  used,  every 
branch  or  fixture  connecting  to  the  main  soil  or  waste  pipe  shall 
have  an  independent  or  separate  fitting  in  the  main  soil  or 
waste  pipe  for  same.  Every  branch  waste  connecting  into  the 
main  soil  or  waste  pipe  which  is  more  than  thirty-six  inches 
in  length  including  all  piping  from  and  between  center  line  of 
vrater  seal  in  trap  and  center  line  of  diameter  and  length  of 


466  PLUMBING  CODE. 


fitting  to  which  it  connects  shall  be  carried  out  through  roof  in 
all  respects,  like  the  main  soil  or  waste  pipe,  or  it  may  be  con- 
nected to  main  vent  pipe  twelve  inches  or  more  above  the  over- 
flow level  of  highest  fixture  connected  to  same. 

§  27.  Where  one  or  more  branches  or  lateral  vent  pipes  are 
connected  into  the  main  vent  stack,  the  main  vent  stack  shall  be 
increased  to  equal  the  combined  area  of  itself  and  the  pipes 
added  to  it.  In  no  case,  however,  shall  the  main  vent  pipe  be 
increased  to  exceed  in  size  the  main  soil  or  waste  pipe  or  pipes 
entering  building  at  base,  except  that  part  passing  through  roof. 

§  28.  The  maximum  number  of  fixtures  followed  on  the  dif- 
ferent sizes  of  pipes  on  what  is  known  as  the  continuous  system 
of  venting  shall  be  as  follows : 

From     1  to     10  water  closets   ....  4     -inch  pipe. 

From  10  to     20  water  closets    ....  5     -inch  pipe. 

From  20  to     50  water  closets   ....6     -inch  pipe. 

From  50  to  100  water  closets   ....8     -inch  pipe. 

From     1  to       3  sinks    2     -inch  pipe. 

From     3  to       6  sinks    21/2-inch  pipe. 

From     6  to     12  sinks    3     -inch  pipe. 

From  12  to     30  sinks    4     -inch  pipe. 

From  30  to     60  sinks    5     -inch  pipe. 

From  60  to  150  sinks    6     -inch  pipe. 

From     1  to       4  slop  sinks 3     -inch  pipe. 

From     4  to     12  slop  sinks 4     -inch  pipe. 

From  12  to     25  slop  sinks 5     -inch  pipe. 

The  number  of  bath  tubs,  foot  tubs,  laundry  trays,  wash- 
stands,  urinals,  or  in  fact  any  plumbing  fixture  or  receptacle 
having  waste  pipes  not  exceeding  two  inches  in  diameter  allowed 
on  any  soil  or  waste  pipe,  shall  be  the  same  as  specified  for  sinks. 

Three  fixtures  with  waste  pipes  not  exceeding  two  inches 
inside  diameter  or  smaller  shall  be  considered  the  same  as  one 
water  closet;  six  fixtures  with  waste  pipes  not  exceeding  two 
inches  inside  diameter  or  smaller  shall  be  considered  the  same 
as  two  water  closets,  and  so  forth  in  this  proportion.  This  shall 
apply  in  all  cases  where  it  is  desirable  to  connect  the  different 
fixtures,  such  as  water  closets  and  bathroom  or  other  fixtures 
to  the  same  soil  or  waste  pipe. 


PLUMBING  CODE.  467 


Slop  sinks  when  connected  to  soil  or  waste  pipe  to  which 
other  plumbing  fixtures  are  connected  shall  be  considered  the 
same  as  water  closets,  and  shall  require  the  same  size  water 
pipes. 

Sizes  of  trap  to  be  used  in  connection  with  plumbing  fixtures 
shall  be  as  follows: 

Water  closets   4-inch  trap. 

Urinals    2-inch  and  3-inch  trap. 

Slop  sinks 2-inch  and  3-inch  trap. 

Kitchen  sinks   2-inch  trap. 

Pantry  sinks 1^/2-inch  and  2-inch  trap. 

Washstand    114-inch  and  li/o-inch  trap. 

Bar  sinks   li/2-iiich  and  2-inch  trap. 

Laundry  tray,  1  compartment 1%-inch  trap. 

Laundry    tray,    2    or    more    compart- 
ments    2-inch  trap. 

Bath  tubs  to  have  drum  trap  with  li/o-inch  or  2-inch  waste 
connections. 

Shower  baths  or  receptacles  to  have  drum  trap  with  2-inch 
waste  connections. 

Cesspools  shall  be  provided  with  deep  seal  trap  placed  directly 
under  outlet  of  same.  This  shall  include  bell  trap  and  back 
water  trap  cesspools,  as  well  as  all  others,  and  when  placed  in- 
side of  a  building  shall  be  provided  with  running  water. 

§  29.  Where  the  revent  system  is  used,  the  number  of  fix- 
tures allowed  on  the  different  sizes  of  pipes  given  in  Section  28 
may  be  doubled,  provided,  however,  that  all  branches  or  sub- 
branches  connecting  into  main  soil  or  waste  pipe  shall  be  pro- 
vided with  a  special  air  or  revent  pipe  to  prevent  back  pressure 
of  sewer  air  and  trap  siphonage. 

The  sizes  of  revent  pipes  shall  be  as  follows: 

Size  of  Brancn.  No.  of  Branch.                 Size  of  Vent. 

6     -inch 1  to     4 21/2-inch 

6     -inch 4  to  12 3     -inch 

5     -inch 1  to     4 2     -inch 

5     -inch 4  to  12 21/2-inch 

5     -inch 12  to  24 3     -inch 

4     -inch 1  to     6 2     -inch 

4     -inch 6  to  15 21/2-inch 


468 


PLUMBING  CODE. 


4  - 

3  ■ 

3  ■ 

3  - 

2  ■ 

2  ■ 

2  • 
2 

ll/o- 
11/2- 
11/.- 


inch. 

inch. 

inch. 

inch. 

inch. 

inch, 

inch. 

inch, 

inch , 

inch 

inch. 


15  to  30 3     -inch 

,   1  to     8 2     -inch 

8  to  20 21/2-inch 

,20  to  40 .3     -inch 

1  to     6 lV2-inch 

,   6  to  12 2     -inch 

,12  to  24 21/2-inch 

,24  to  50 3     -inch 

,    1  to     8 11/2-inch 

.   8  to  16 2     -inch 

,16  to  30 21/2-inch 

,30  to  70 3     -inch 


11/2-inch 

§  30.  All  pipes  for  venting  shall  be  either  extra  heavy  cast 
iron,  standard  galvanized  wrought  iron,  or  lead  pipe  of  the 
weight  and  thickness  provided  for  in  Section  16. 

§  31.  Revent  or  back  air  pipes  shall  not  be  taken  from  or 
branched  into  the  crown  of  a  trap,  but  shall  be  a  continuation  of 
the  waste  pipe  and  have  the  trap  Y  branched  into  same  in  such 
a  manner  that  the  flushing  of  fixture  shall  wash  away  any  ac- 
cumulated rust  or  other  obstruction  that  may  gather  in  same. 

All  revent  or  back  air,  or  vent  pipes  of  any  description,  shall 
be  run  as  near  vertical  as  practicable,  and  where  necessary  to 
offset  same,  the  offset  shall  be  made  at  the  angle  of  forty-five 
degrees  or  less  if  practical. 

§  32.  Revent  or  back  air  pipes  may  be  connected  together 
twelve  inches  above  the  overflow  line  of  fixtures  by  increasing 
the  size  of  the  vent  at  this  point  to  equal  the  combined  areas 
of  the  pipes  added  to  it,  but  in  no  case  shall  the  main  vent  exceed 
the  area  of  the  soil  or  waste  pipe  or  pipes  entering  building  at 
base,  except  that  part  passing  through  roof  which  shall  be  in- 
creased one  size. 

§  33.  When  any  vent  pipe  of  any  description,  after  passing 
through  roof,  comes  within  ten  feet  of  any  door  or  window,  it 
shall  be  extended  at  least  three  feet  above  top  of  same. 

§  34.  No  rain  water  conductor  shall  be  used  as  a  soil  waste 
or  vent  pipe,  nor  connected  therewith  nor  shall  any  soil,  waste 
or  vent  pipe  be  used  as  a  rain  water  conductor. 

§  35.  The  plumbing  and  sewerage  of  every  building  shall  be 
separately  and  independently  connected  with  the  public  sewer 
where  such  sewer  is  provided,  or  with  proper  cesspool,  vault  or 


PLUMBING  CODE.  469 


dry  well  outside  of  building,  where  sewer  is  not  accessible.  It 
is  positively  prohibited  to  connect  the  waste  of  any  plumbing 
fixture  to  any  street  or  alley  or  any  vault  or  dry  well  inside  of 
building. 

§  36.  All  waste  or  overflow  pipes  from  safes  under  water 
closets  or  other  fixtures,  or  from  tanks,  shall  be  run  separately 
to  basement  or  cellar,  or  to  any  open  receptacle  properly  trapped, 
and  in  no  case  shall  they  be  connected  directly  with  any  soil, 
waste,  vent  or  drain  pipe. 

§  37.  Refrigerator  waste  pipes  shall  not  be  connected  directly 
with  any  soil,  waste,  vent  or  drain  pipe,  or  the  waste  pipe  of 
any  plumbing  fixture,  but  shall  be  run  separately  to  some  open 
sink  or  receptacle  properly  trapped. 

Refrigerator  waste  pipes  shall  be  provided  with  suitable  trap 
and  funnel  set  close  to  the  refrigerator,  but  not  connected  direct- 
ly to  same. 

§  38.  No  steam,  exhaust,  blowofl"  or  drip  pipe  shall  be  di- 
rectly connected  with  any  soil,  waste,  vent  or  drain  pipe,  but 
shall  be  run  to  an  open,  receptacle,  cesspool  properly  trapped  and 
corrected  to  sewer  or  they  may  be  run  to  a  closed  blowoff  tank ; 
provided,  the  same  is  equipped  with  a  vent  pipe  equal  in  area 
to  the  inlet  to  tank  and  properly  trapped  and  connected  to  sewer. 

This  section  does  not  apply  to  low  pressure  steam  or  hot  water 
heating  plants. 

§  39.  Blowoff  or  sediment  wastes  or  overflow  pipes  from  ex- 
pansion tanks  on  hot  water,  or  low  pressure  steam  heating  plants 
may  be  directly  connected  with  sewer,  but  shall  be  provided  with 
deep  seal  trap  placed  on  line  before  connecting  with  sewer. 

§  40.  In  no  case  shall  a  vent  pipe  be  connected  with  any 
chimney  or  flue,  nor  shall  any  chimney  or  flue  be  used  as  a  vent 
pipe  from  any  plumbing  system. 

Local  vents  may  be  connected  to  hot  air  stacks  in  which  there 
is  a  continual  circulation  when  such  hot  air  stacks  are  accessible. 
This  does  not  apply  to  smoke  stacks. 

§  41.  The  placing  of  water  closets  in  unventilated  compart- 
ments is  positively  prohibited.  In  every  case  the  room  or  com- 
partment shall  be  open  to  the  outer  air,  or  be  ventilated  by  an  air 
duct  or  shaft. 


470  PLUMBING  CODE. 


§  42.  Water  closets  or  urinals  placed  in  outhouses  shall  have 
their  trap  and  supply  of  flushing  valves  properly  placed  in  a  pit 
underneath  or  in  the  ground  to  prevent  freezing.  In  all  cases 
they  shall  be  properly  connected  with  the  water  supply. 

§  43.  The  use  of  pan  closets  or  any  other  closet  or  latrine 
in  which  the  soil  comes  in  contact  with  the  metallic  parts  of 
same  is  strictly  forbiden  on  the  inside  of  any  building,  and 
all  such  closets  in  use  at  the  present  time  are  hereby  condemned, 
and  no  plumber  or  person  shall  repair  any  such  closet,  but  shall 
report  such  closets  when  out  of  order  to  the  inspector. 

§  44.  Every  water  closet,  latrine  and  urnial  shall  be  equip- 
ped with  a  tank  or  flushing  device  properly  connected  with  the 
water  supply,  and  of  ample  capacity  to  thoroughly  flush  and 
cleanse  same. 

Every  water  closet  shall  be  connected  to  the  soil  pipe  by  means 
of  a  brass  floor  flange  or  sanitary  screw  connection  properly 
soldered  to  lead  waste  connection  and  securely  bolted  or  screwed 
to  bowl. 

§  45.  The  term  "soil  pipe"  is  applied  to  any  vertical  or  hori- 
zontal line  of  piping  receiving  the  discharge  of  one  or  more 
water  closets  with  or  without  other  fixtures. 

The  term  "waste  pipe"  is  applied  to  any  line  of  piping  receiv- 
ing the  discharge  of  any  fixtures  excepting  water  closets. 

The  term  "vent  or  revent  pipe"  is  applied  to  any  line  of  piping 
used  to  ventilate  the  system  of  plumbing  and  to  prevent  back 
pressure  and  trap  siphonage. 

The  term  "main  sewer"  is  applied  to  that  portion  of  the  sewer 
connecting  with  the  city  sewer  or  to  the  vault  in  yard  up  to  the 
point  where  the  first  branch  is  taken  off. 

§  46.  All  terra  cotta  pipe  used  in  connection  with  a  plumb- 
ing system  shall  be  of  a  size  approved  by  inspector,  but  in  no 
case  shall  a  main  sewer  be  less  than  five  inches. 

§  47.  All  terra  cotta  pipe  shall  be  of  the  best  quality  salt 
glazed  vitreous  pipe,  to  be  sound,  true,  straight  and  of  even 
diameter  and  thickness.  It  shall  be  laid  in  as  straight  a  line 
as  possible,  with  an  even  grade  to  outlet  of  one-quarter  of  an 
inch  to  the  foot,  or  more  where  possible.  All  branches  shall 
be  made  with  Y's;  all  turns  with  one-eighth  bends  or  long  pat- 
tern one-quarter  bends. 


PLUMBING  CODE.  471 


§  48.  All  joints  on  terra  cotta  pipe  shall  be  made  with  first- 
class  hydraulic  cement,  one  part,  and  clean,  sharp  sand,  two 
parts,  and.  joints  shall  be  well  filled  and  troweled  off  smooth. 
Each  joint  shall  be  swabbed  out  on  the  inside  after  making  same, 
and  special  care  must  be  taken  that  no  part  of  cement  remains 
on  inside  of  pipe  or  fittings. 

§  49.  No  trap  shall  be  placed  on  the  main  line  of  any  sewer 
except  by  orders  of  the  inspector.  Where  traps  are  required 
and  ordered  by  the  inspector,  they  shall  be  provided  with  a  fresh 
air  inlet  equal  in  size  to  the  vent  pipe  passing  through  roof  of 
building  brought  up  to  surface  of  ground  and  provided  with 
strainer  securely  fastened  to  pipe. 

Fresh  air  inlets  shall  be  placed  as  far  away  from  any  door 
or  window  as  possible,  and  their  location  shall  be  subject  to  the 
approval  of  the  inspector. 

§  50.  All  down  spouts  or  rain  water  pipes  connecting  with 
a  sewer  shall  be  trapped.  One  trap  may  be  used  to  trap  one  or 
more  down  spouts,  and  where  there  is  no  other  soil  or  waste  pipe 
connecting  with  this  branch. 

All  traps  shall  be  placed  at  least  two  feet  below  surface  of 
ground  when  on  the  outside  of  building  to  prevent  freezing. 

Where  there  is  a  separate  main  sewer  provided  for  storm 
water,  and  a  sanitary  main  sewer  for  plumbing  system,  it  is 
positively  forbidden  to  connect  any  cesspool  or  plumbing  fixtures 
of  any  description  to  the  storm  water  sewer,  or  any  rain  water 
pipes  to  the  sanitary  sewer. 

All  systems  of  drainage  from  plumbing  fixtures  or  cesspools 
shall  be  connected  with  a  sanitary  sewer. 

All  down  spouts  or  rain  water  leaders  shall  be  connected  with 
the  storm  water  sewer. 

§  51.  No  cup  or  blow  joint  will  be  allowed  on  any  soil,  waste, 
vent  or  supply  pipe  connection. 

No  saddle  hub  connections  will  be  allowed  on  any  soil,  waste 
or  vent  pipes. 

No  tapping  into  soil,  waste  or  vent  pipes  will  be  allowed. 
Branches  into  soil,  waste  or  vent  pipes  shall  be  made  with  the 
proper  fittings  caulked  or  screwed  on  to  same.  Branches  into 
lead  waste  may  be  tapped  in  and  properly  wiped  with  solder.  No 
tapping  in  terra  cotta  sewers  will  be  allowed.     In  all  cases  the 


472  PLUMBING  CODE. 


branch  shall  be  made  with  a  Y  fitting  properly  cemented  into 
sewer.  No  slip  joints  will  be  allowed  on  the  sewer  or  outlet 
side  of  any  trap,  or  on  any  soil,  waste  or  vent  pipe. 

§  52.  No  square  or  straight  inlet  fittings  will  be  allowed  on 
any  soil,  waste  or  vent  pipes.  In  all  cases  fittings  of  a  sanitary 
pattern  or  with  branches  entering  fittings  at  an  agle  of  45  de- 
grees shall  be  used. 

No  crosses  will  be  allowed  on  any  soil,  waste  or  vent  pipe. 
Double  Y  branches  may  be  used. 

No  sleeves  or  double  hubs  will  be  allowed  on  any  soil,  waste 
or  vent  pipes. 

No  side  inlet  fittings  will  be  allowed,  except  those  of  a  sanitary 
pattern,  with  branches  having  an  easy  curve  or  angle  toward 
outlet  of  fitting. 

No  inverted  soil  pipe  joints  will  be  allowed  on  any  soil,  waste 
or  vent  pipes. 

No  black  or  painted  wrought  iron  or  steel  pipe  shall  be  used 
as  a  soil,  waste  or  vent  pipe. 

No  painted  iron  water  closet,  latrine  or  urinal  shall  be  allowed 
in  any  building.  In  all  cases  these  fixtures  must  be  either  vitreous 
china  or  porcelain  enameled  iron. 

§  53.  Any  person  engaged  in  or  working  at  the  business  of 
plumbing  in  cities  of  the  first  class  in  this  State,  either  as  a 
journey  plumber  or  as  a  master  plumber  working  in  the  capacity 
of  a  journeyman  plumber,  or  any  person  installing  or  placing 
plumbing  fixtures  or  material,  who  has  taken  an  examination 
as  provided  by  an  act  entitled  "An  act  to  secure  the  registra- 
tion of  plumbers  and  the  supervision  and  inspection  of  plumbing 
and  drainage  in  cities  of  the  first  class,"  approved  March  18. 
1914,  and  who  has  failed  to  pass  said  examination  may  at  the 
expiration  of  sixty  days  after  said  examination  was  held  make 
application  to  the  Board  of  Examiners  for  another  examination, 
and  it  shall  be  the  duty  of  said  Board  of  Examiners  within  ten 
days  before  the  time  designated  by  the  said  board  for  holding 
such  examination  to  notify  the  applicant  of  the  time  that  said 
examination  will  be  held. 

§  54.  It  shall  be  the  duty  of  the  Board  of  Examiners  of 
plumbers  to  hold  examinations  for  the  purpose  of  ascertaining 
a  person's  knowledge  of  plumbing,  house  draining  and  plumbing 
ventilation,  within  forty-eight  hours  after  notice  in  writing  that 


PLUMBING  CODE.  473 


an  applicant  desires  to  be  examined,  and  said  applicant  shall  be 
informed  in  writing  of  result  within  forty-eight  hours  after  said 
examination,  then  the  said  examination  is  to  be  held  on  the  first 
Tuesday  in  that  month  in  which  the  first  Monday  is  a  legal  holi- 
day. Said  examination  to  be  held  at  the  office  or  meeting  place 
of  the  Board  of  Plumbing  Examiners  in  the  City  Hall,  Louisville, 
Ky.,  at  8  o'clock  p.  m.,  and  shall  continue  as  directed  by  the  board 
each  successive  working  day  until  all  applicants  are  examined. 

§  55.  It  shall  be  the  duty  of  the  Board  of  Examiners  to  keep 
and  preserve  at  its  office  as  a  public  record  all  the  written 
answers  of  every  person  who  is  required  under  an  act  entitled 
"An  act  to  secure  the  registration  of  plumbers  and  the  super- 
vision and  inspection  of  plumbing  and  drainage  in  cities  of  the 
first  class,"  approved  March  18,  1914,  to  stand  an  examination  as 
to  his  qualifications  and  competency  as  a  plumber. 

§  56.  That  any  person,  firm  or  corporation  violating  any 
provision  of  this  ordinance  shall  be  guilty  of  a  misdemeanor  and 
shall  upon  conviction  be  subject  to  a  fine  of  not  less  than  five 
($5.00)  dollars  nor  more  than  fifty  ($50.00)  dollars  for  each 
off'ense,  and  each  day's  continuance  of  such  violation  shall  con- 
stitute a  separate  offense. 

§  57.  Any  person  now  or  hereinafter  engaged  in  or  working 
at  the  business  of  plumbing  in  cities  of  the  first  class  of  this 
Commonwealth,  either  as  a  journeyman  plumber  or  as  a  master 
plumber  working  in  the  capacity  of  a  journeyman  plumber,  or 
any  person  installing  or  placing  any  plumbing  fixtures  or  ma- 
terial, and  who  shall  in  any  court  having  jurisdiction  be  found 
guilty  of  violating  any  of  the  provisions  of  an  act  entitled  "An 
act  to  secure  the  registration  of  plumbers  and  the  supervision 
and  inspection  of  plumbing  and  drainage  in  cities  of  the  first 
class,"  approved  March  18,  1914,  and  punished  therein  for  any 
such  violation  by  an  assessment  of  a  fine  of  not  less  than  five 
($5.00)  dollars  or  not  more  than  fifty  ($50.00)  dollars,  or  who 
sha]]  in  such  court  be  found  guilty  of  violating  or  disobeying  any 
provision  of  the  Code  of  Rules  authorized  by  said  act  to  be 
formulated  by  the  Board  of  Examiners  created  and  provided  by 
said  act  and  approved  as  provided  therein  by  the  General  Coun- 
cil of  such  cities  of  the  first  class  of  this  Commonwealth,  and  so 
fined  therefor,  it  shall  be  the  duty  of  said  Board  of  Examiners 


474  PLUMBING  CODE. 


of  Plumbers  within  ten  days  after  the  rendition  of  any  such 
judgment  to  issue  and  cause  to  be  served  on  such  offender  a 
written  notice  addressed  to  such  offender,  summoning  said 
offender  to  appear  before  it  within  ten  days  after  said  service 
and  show  cause,  if  any  he  can,  why  his  certificate  as  a  person 
engaged  in  or  working  at  the  business  of  plumbing  in  such  cities, 
either  as  the  case  may  be,  as  a  journeyman  plumber  or  as  a 
person  installing  or  placing  any  plumbing  fixtures  or  material, 
shall  not  be  revoked  by  said  board,  as  provided  in  said  act. in 
such  cases  made  and  provided. 

§  58.  If  such  person,  after  du^  service  of  such  notice  as 
hereinabove  provided,  shall  fail,  refuse  or  neglect  to  appear  on 
the  date  fixed  in  said  summons  for  his  appearance  before  said 
board,  or  shall  then  appear  and  fail  to  show  adequate  and  legal 
cause  why  his  said  certificate  shall  not  be  revoked  by  said  board, 
as  in  said  act  provided,  then  it  shall  be  the  duty  of  the  said 
board  to  enter  upon  the  minute  book,  kept  by  it  for  such  pur- 
pose, an  order  revoking  said  certificate  of  such  person  so  offend- 
ing and  punish  as  above  stated,  and  cause  immediately  a  copy  of 
such  order,  duly  signed  by  all  the  members  of  said  board,  to  be 
served  on  such  person. 

§  59.  Should  any  person  suffer  the  penalties  provided  in  Sec- 
tion 12  of  an  act  entitled  "An  act  to  secure  the  registration  of 
plumbers  and  the  supervision  and  inspection  of  plumbing  and 
drainage  in  cities  of  the  first  class,"  approved  March  18,  1914, 
or  the  penalties  imposed  by  Sections  56  and  57  of  this  ordinance, 
at  the  end  of  ten  days  after  the  revocation  of  his  certificate  as 
such  journeyman  plumber  or  as  a  master  plumber  working  in 
the  capacity  of  a  journeyman  plumber,  or  any  person  installing 
or  placing  any  plumbing  fixtures  or  material,  shall  upon  appli- 
cation in  writing  addressed  to  the  said  board  set  out  his  willing- 
ness and  intention  in  the  future  to  comply  with  the  terms  of  said 
statute  and  ordinance,  and  upon  the  payment  of  costs  incurred 
in  all  proceedings  against  him  theretofore  incurred  in  his  prose- 
cution for  any  such  violation,  shall  by  said  board  be  reinstated. 

§  60.  Any  person  authorized  to  serve  notices  in  legal  pro- 
ceedings by  the  laws  of  this  State  shall  be  authorized  to  execute 
all  papers  hereinabove  provided,  and  his  sworn  return  and  in- 
dorsement on  the  back  of  such  paper  shall  be  accepted  as  evi- 
dence of  due  service  thereof. 


PLUMBING  CODE.  475 


§  61.  That  all  ordinances,  or  parts  of  ordinances,  in  conflict 
with  the  foregoing  ordinance,  and  especially  an  ordinance  en- 
titled "An  ordinance  approving  a  code  of  rules  and  regulations 
for  the  government  of  the  department  of  plumbing  and  house 
drainage  in  the  city  of  Louisville,"  approved  June  22,  1911,  are 
hereby  repealed. 

§  62.  That  this  ordinance  shall  take  effect  from  and  after  its 
passage.     (Approved  March  31,  1915.) 

(See  also  Sanitation;  Teneme^it  House  Laiv  {Charter); 
Sewers;  Drains.) 


PLUMBING  INSPECTORS. 

Appointment  and  Salaries. 

AN  ORDINANCE  providing  for  the  salary  of  the  Chief  Plumb- 
ing Inspector  and  providing  for  the  appointment  of  a  Deputy 
Plumbing  Inspector,  and  fixing  the  salary  of  the  Deputy 
Plumbing  Inspector  in  accordance  with  an  act  of  the  Legis- 
lature, approved  March  17,  1914.* 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville; 

§  1,  That  there  shall  be  appointed  in  addition  to  the  Chief 
Plumbing  Inspector  one  Deputy  Plumbing  Inspector,  who  shall 
perform  such  duties  as  shall  be  required  of  him  by  the  Chief 
Plumbing  Inspector. 

§  2.  The  Chief  Plumbing  Inspector  shall  receive  the  sum 
of  fifteen  hundred  dollars  annually  and  the  Deputy  Plumbing 
Inspector  twelve  hundred  dollars  annually,  payable  in  monthly 
installments. 

§  3.  That  this  ordinance  shall  take  effect  immediately  upon 
its  passage.     {Approved  September  23,  1914.) 


*See   Sec.   3037g  Ky.   St. 


476  POLICE  COURT. 


POLICE  COURT.* 
General  Regulations. 

AN  ORDINANCE  to  regulate  the  issue,  service  and  return  of 
original,  mesne,  and  final  processes  in  and  from  the  Police 
Court  of  the  city  of  Louisville,  and  prescribe  the  duties  of 
the  various  officers  in  relation  thereto,  and  in  regard  to  the 
financial  operations  of  said  court. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That,  in  the  administration  of  the  offices  of  clerk  and 
bailiff  of  the  Police  Court,  and  the  financial  operations  of  said 
court,  that  the  following  system  shall  prevail : 

All  warrants  for  issue  by  the  Police  Court  shall  be  printed, 
with  a  stub,  and  bound  (in  the  same  manner  as  the  city  tax 
bills) ,  stub  and  warrant  to  be  machine  numbered,  stub  and  war- 
rant alike,  to  continue  numerically  indefinitely,  so  that  no  two 
warrants  may  be  of  the  same  number.  The  stub  shall  be  pre- 
pared to  show  the  name  of  the  person  against  whom  the  warrant 
issued,  the  residence  or  place  of  business  of  such  person,  the 
name  of  the  person  at  whose  instance  issued,  and  the  residence 
or  place  of  business  of  such  person,  and  the  offense  charged,  and 
receipt  for  the  bailiff,  his  deputy,  or  assistant  to  sign  when  de- 
livered for  service,  and  the  date  the  warrant  is  returnable.  Said 
stubs  shall  be  carefully  filed  and  preserved  in  such  manner  as 

to  afford  easy  reference  thereto. 

§  2.  The  officer,  upon  receiving  a  warrant,  shall  receipt  to 
the  clerk  of  the  Police  Court  therefor  upon  the  stub  of  the  war- 
rant so  delivered  to  him,  giving  the  date  of  such  receipt. 

§  3.  The  number  of  the  warrant  shall  be  the  number  of  the 
case,  and  shall  also  be  the  number  of  any  capias,  execution, 
fieri  facias,  bond,  or  order  made  or  issued  in  the  case,  and  said 
number  shall  be  referred  to,  as  well  as  the  page  of  the  docket 
or  minute  book  in  the  indices  thereof,  and  shall  not  be  changed 
in  the  progress  of  the  case. 

§  4.  The  execution  docket  to  be  kept  by  the  clerk  of  the 
Police  Court  shall  in  all  cases  show  the  name  of  the  person 
against  whom  a  warrant  has  been  issued,  number  of  warrant, 
the  offense,  the  judgment  of  the  court,  and  the  various  steps  in 


*See  Sees.  2911-2946  Ky.  St. 


POLICE  COURT.  477 


the  case  to  final  disposition.  Said  docket  shall  be  arranged  in 
columns  for  dollars  and  cents,  to-wit :  A  column  for  the  origi- 
nal fine  assessed;  a  column  for  the  amount  of  fine  for  which  a 
person  committed  is  committed  to  the  workhouse ;  a  column 
for  the  amount  of  fine  for  which  a  person  committed  to  jail  is 
ordered;  a  column  for  the  amount  of  any  modification  or  reduc- 
tion ;  a  column  for  the  amount  replevied ;  a  column  for  amount 
suspended ;  a  column  for  amount  set  aside,  and  a  column  for 
the  amount  returned  by  the  bailiff  as  satisfied  or  paid  in  cash, 
and  a  column  for  the  amount  credited  for  labor  at  the  work- 
house, and  with  sufficient  space  for  memoranda,  in  which  must 
be  entered  the  date  of  such  modification,  reduction,  suspension, 
replevin,  or  setting  aside.  Said  docket  shall  at  all  times  be  kept 
written  up  to  date  and  properly  indexed. 

§  5.  There  shall  be  kept  by  the  clerk  of  the  Police  Court  a 
bond  docket,  in  which  shall  be  entered  by  date  of  maturity  all 
replevin,  appearance,  and  other  bonds,  the  amount  of  which 
accrues  to  the  city  by  the  failure  of  the  principal  and  sureties 
to  comply  with  the  conditions  of  said  bonds,  and  said  docket 
shall  show  when  said  bonds  are  cancelled,  collected,  or  forfeited, 
the  date  thereof,  and  the  step  taken  to  recover  the  same. 

§  6.  It  shall  be  the  duty  of  the  jailer  of  Jefferson  county  in 
rendering  bills  against  the  city  for  subsistence,  maintenance, 
and  punishment  of  prisoners  committed  to  the  Jefferson  county 
jail  by  the  police,  or  Police  Court  of  Louisville,  to  have  the  cor- 
rectness of  said  bills  certified  to  thereon  by  the  clerk  of  the  Police 
Court  before  filing  said  bills  with  the  Comptroller  for  registra- 
tion and  allowance  by  the  General  Council,  and  no  bills  shall  be 
registered  by  the  Comptroller  unless  certified  by  said  clerk. 

§  7.  It  shall  be  the  duty  of  the  clerk  of  the  Police  Court  to 
make  a  report  at  the  end  of  each  month  to  the  Comptroller,  in 
such  form  as  may  be  prescribed  by  said  Comptroller,  showing 
in  detail  the  amounts  chargeable  to  the  bailiff  for  collection  by 
capias,  execution,  fieri  facias,  bond,  or  otherwise. 

§  8.  It  shall  be  the  duty  of  said  clerk  of  the  Police  Court  to 
issue  all  writs  of  capias  pro  fine,  or  fieri  facias,  as  provided  in 
Section  151  of  an  act  for  the  government  of  cities  of  the  first 
class,  approved  July  1,  1893,  which  shall  be  delivered  to  the 
bailiff  or  his  deputy  or  assistant,  unless  in  cases  against  him  or 


478  POLICE  COURT. 


either  of  them,  in  which  case  they  shall  be  delivered  to  the  other 
officers  named  in  Section  151  aforesaid.  In  both  forms  of  exe- 
cution a  day  shall  be  named  within  which  it  must  be  returned, 
not  beyond  thirty  (30)  days  from  the  date  of  its  issue,  and  if 
such  execution  be  not  returned  for  ten  (10)  days  after  the  re- 
turn day  thereof,  then  such  officer  receiving  the  same  shall  be 
liable  for  the  full  amount  thereof,  which  may  be  recovered  in 
said  court  on  rule  for  contempt  of  court  in  failing  to  return  said 
writ  issued  by  said  Police  Court,  or  by  civil  action  against  the 
officer  on  his  official  bond  before  any  civil  court  in  said  city  hav- 
ing jurisdiction  of  the  amount  thereof,  and  the  prosecuting 
attorney  of  the  City  Court  shall  institute  and  prosecute  all  such 
rules,  and  the  City  Attorney  shall  prosecute  all  such  actions 
when  requested  so  to  do  by  the  Comptroller,  and  said  Comp- 
troller shall  make  such  request  whenever  the  report  to  be  made 
by  the  clerk  of  said  Police  Court,  as  required  by  the  seventh 
section  of  this  ordinance,  shows  such  bailiff  or  other  officer  to 
be  in  default  with  respect  to  any  such  execution. 

§  9.  In  order  to  carry  out  the  provisions  of  Section  158  of 
an  act  of  the  General  Assembly  entitled  "An  act  for  the  govern- 
ment of  cities  of  the  first  class,"  approved  July  1,  1893,  it  is 
ordained  that  the  clerk  of  said  court  shall  not  suffer  or  permit 
any  entry  to  be  made  on  any  record  book  of  his  office  contain- 
ing the  judgments,  orders,  or  proceedings  of  said  court  in  his 
office,  or  during  the  recess  or  adjournment  of  said  court;  and 
if  such  entry  be  made  over  his  protest,  he  shall  not  regard  the 
same  valid  for  any  purpose,  nor  shall  he  regard  any  order  of 
court  setting  aside,  suspending,  or  modifying  any  judgment  or 
order  made  not  in  open  court,  unless  such  or  all  suspending,  set- 
ting aside,  or  modifying  be  made  and  entered  in  open  court,  and 
on  motion  and  grounds  in  writing  filed,  within  three  days  after 
the  entry  of  the  original  order  or  judgment. 

§  10.  That  the  expense  of  the  Police  Court  may  be  readily 
ascertained,  it  shall  be  the  duty  of  the  clerk  of  the  Police  Court, 
at  the  end  of  each  month,  to  make  out  a  payroll  (in  the  form 
now  in  use  for  city  officers)  for  all  officers  of  the  Police  Court, 
entering  their  names  and  titles  in  the  following  order,  viz :  The 
judge,  and  substitute  he  may  have  had  during  the  month;  the 
prosecuting    attorney,    clerk,    and    deputies;    the    bailiff    and 


POLICE  COURT.  479 


deputies ;  interpreter  and  stenographer,  and  shall  certify  the 
same  to  the  Comptroller  for  registration  and  allowance  by  the 
General  Council. 

§  11.  For  the  purpose  of  increasing  the  efficiency  of  the 
office  of  the  clerk  of  the  Police  Court,  and  the  better  preserva- 
tion of  the  records  of  said  court,  the  room  now  occupied  by  the 
bond  recorder,  and  the  room  now  occupied  by  said  clerk  of  the 
Police  Court,  and  being  rooms  13  and  14  in  the  City  Hall,  are 
hereby  set  apart  for  the  exclusive  use  of  said  clerk  of  the  Police 
Court,  and  it  shall  be  unlawful  for  any  other  office,  officer,  or 
person  to  occupy  said  rooms  jointly  with  him,  or  to  remain  there- 
in, except  on  business ;  and  it  shall  be  the  duty  of  said  clerk  to 
enforce  this  ordinance,  excluding  such  person  from  his  office; 
and  he  is  hereby  authorized  to  call  upon  any  policeman  to  eject 
them,  and,  if  necessary,  to  arrest  and  present  them  to  the  Police 
Court. 

§  12.  It  shall  be  the  duty  of  the  bailiff,  or  his  deputies  and 
assistants,  to  receipt  to  the  clerk  of  the  Police  Court,  in  such 
form  as  may  be  prescribed  by  this  ordinance,  as  the  clerk  of 
said  court  may  require,  for  all  warrants,  capiases,  executions, 
fieri  facias,  or  other  writs,  or  processes  which  may  be  delivered 
to  him  or  them. 

§  13.  The  clerk  of  the  Police  Court  of  Louisville  is  hereby 
authorized  to  issue  alias  execution  in  all  cases  that  have  been 
returned  no  property  found,  and  to  place  said  executions  in  the 
hands  of  the  bailiff,  taking  his  receipt  for  same. 

§  14.  The  bailiff  shall  keep  a  "cash  book,"  in  which  he  shall 
enter  daily  all  fines  and  forfeitures  collected  by  him.  Said  en- 
tries shall  b*  in  detail  by  number  of  execution,  capias,  fieri  facias, 
or  other  process  or  bond  (which  number  shall  in  all  cases  be  the 
number  of  the  warrant  first  issued  in  the  case),  with  the  name 
of  the  defendant  in  full,  as  near  as  may  be,  and  the  amount  of 
fine  originally  assessed,  and  the  amount  actually  collected. 

§  15.  The  bailiff  shall  pay  over  to  the  City  Treasurer  each 
day,  as  provided  by  Section  117  of  an  act  for  the  government 
of  cities  of  the  first  class,  approved  July  1,  1893,  all  fines  and 
forfeitures  collected  by  him  during  the  previous  daj^  charging 
the  treasurer  therewith  upon  his  "cash  book,"  in  the  detail  of 
said  charge  setting  out  the  number  of  the  case,  and  the  name 
of  the  defendant  or  other  person  paying  said  fine  or  forfeiture. 


480  POLICE  COURT. 


§  16.  The  bailiff  shall,  at.  the  end  of  the  month,  report  to  the 
Comptroller,  in  such  form  as  may  be  prescribed  by  said  Comp- 
troller, all  executions,  capias,  fieri  facias,  or  bonds  upon  which 
money  due  to  the  city  of  Louisville,  collectible  by  the  bailiff  dur- 
ing the  month  which  may  not  have  been  paid,  and  the  reason 
therefor,  and  his  disposition  of  the  papers;  said  report  to  be 
subscribed  and  sworn  to. 

§  17.  All  books,  records,  reports,  and  forms  herein  provided 
for  shall  be  the  property  of  the  city,  and  shall  be  supplied  by  the 
City  Buyer  upon  requisition,  approved  by  the  Comptroller  and 
Mayor;  said  books,  records,  and  reports  are  hereby  declared 
permanent  records,  and  shall  be  turned  over  by  any  retiring 
officer  to  his  successor. 

§  18.  All  original,  mesne,  and  final  process  issued  by  the 
clerk  of  said  court  shall  run  in  the  name  of  the  Commonwealth 
of  Kentucky,  and  be  addressed  to  the  bailiff  of  said  court,  or  any 
sheriff,  constable,  or  policeman ;  shall  be  signed  and  dated  by  the 
clerk  of  said  court,  and,  as  near  as  may  be,  of  the  form  in  use  in 
the  Circuit  Court  of  this  State.  But  no  interest  or  cost  shall  be 
included  in  any  writ  for  the  collection  of  money,  by  imprison- 
ment or  otherwise,  and  it  shall  be  the  duty  of  the  prosecuting 
attorney  of  said  Police  Court  to  enforce  the  proper  issual,  exe- 
cution, and  return  of  all  said  writs  by  rule  and  attachment  from 
said  court,  as  if  for  contempt  of  court,  and  said  court  is  hereby 
authorized  to  punish  for  such  contempt  as  provided  by  law. 

§  19.  It  shall  be  the  duty  of  the  prosecuting  attorney  of  said 
court,  within  the  first  five  days  of  each  month,  to  thoroughly 
inspect  the  records  of  the  clerk  and  bailiff  of  said  court,  to  see 
whether  they  have  complied  with  the  law  regulating  their  re- 
spective duties,  including  this  ordinance,  and  to  report  to  the 
Mayor  of  said  city,  in  writing,  whether  they  and  each  of  them 
have  failed  to  perform  or  disregard  their  duty  in  any  respect ; 
and,  if  so,  in  what  respect,  stating  fully  and  in  detail  the  dere- 
lictions of  duty;  said  reports  to  be  filled  by  said  Mayor,  and 
preserved  as  part  of  the  records  of  his  office. 

§  20.  If  any  officer,  upon  whom  any  duty  is  enjoined  by  this 
ordinance,  violate  any  provision  of  this  ordinance,  or  shall  wil- 
fully neglect  to  perform  his  duties  under  the  same,  he  shall  for- 
feit the  sum  of  fifty  ($50)  dollars  for  each  offense,  which  may 
be  recovered  in  said  court  upon  ordinance  warrant,  or  the  same 


POLICE  COURT.  481 


may  be  recovered  at  the  suit  of  any  taxpayer  of  the  city  as  relator 
to  the  city  of  Louisville  as  plaintiff,  one-half  the  sum  so  sued 
for  to  go  to  such  relator  and  the  other  half  to  be  paid  to  the 
city  treasury;  and  for  the  third  offense  such  officer  shall  be  re- 
moved from  office,  as  provided  in  Section  19  of  the  act  for  the 
government  of  cities  of  the  first  class,  approved  July  1,  1893, 
and,  pending  such  proceedings,  all  claim  for  salary  shall  be 
suspended ;  and,  if  expelled  from  office,  no  salary  shall  be  allowed 
after  the  date  of  the  beginning  of  such  proceedings. 

§  21.  If  more  than  one  writ  shall  issue  in  the  same  case,  all 
subsequent  writs  shall  bear  the  original  number  with  the  figures 
2d,  3d  or  4th  added  immediately  after  the  original  number.  The 
prosecuting  attorney  for  said  court  shall  order  the  clerk  of  said 
court  to  issue  the  new  writs  whenever  he  deems  it  proper  to  do 
so,  and  the  officer  who  had  the  first  writ  for  execution  may, 
after  its  return  day,  return  thereon  the  reason  for  its  non-execu- 
tion, and  sue  out  another.  If  any  judgment  is  replevied  in  the 
clerk's  office  before  execution  issues,  the  clerk  shall  take  such 
bond  and  be  responsible  for  the  solvency  of  the  surety  thereon, 
as  of  that  time ;  and  if  the  said  debt  is  replevied  while  process 
for  its  collection  is  in  the  hands  of  the  bailiff  or  his  assistants 
or  deputies,  such  officer  shall,  in  like  manner,  be  responsible  for 
the  solvency  of  the  surety  in  replevin  bonds  taken  by  him ;  but 
either  ofllicer  may  protect  himself  against  such  responsibility  by 
requiring  proper  affidavit  of  the  surety,  showing  what  property 
he  has  subject  to  execution. 

§  22.     This  ordinance  shall  take  effect  from  and  after  its  pas- . 
sage  and  publication.     (Approved  March  2,  1897.) 

(See  Disorderly  Co7iduct;  Drunkenness;  Workhouse.)  (See 
Ky.  Stat.  §  2911  et  seq.) 


482  POLICE  DEPARTMENT. 


(1)  POLICE  DEPARTMENT. 
Employes — Salaries. 

AN  ORDINANCE  concerning  the  Police  Department  of  the 
city  of  Louisville,  placing  the  same  under  the  Board  of  Pub- 
lic Safety  and  fixing  the  number,  salaries  and  compensation 
of  the  officers  and  employes  therein. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  Police  Department  within  and  for  the  city  of 
Louisville  be  and  the  same  is  hereby  created  and  placed  under 
the  Board  of  Public  Safety  as  authorized  by  law. 

§  2.  There  may  be  in  the  said  department,  to  be  appointed 
by  the  Board  of  Public  Safety,  the  number  of  officers  and  em- 
ployes prescribed  in  this  ordinance,  and  no  more,  and  their  sal- 
aries and  compensation,  to  be  approved  by  the  Board  of  Public 
Safety,  shall  be  no  more  than  the  sums  fixed  by  this  ordinance, 
and  the  payroll  for  the  said  department  shall  be  made  up,  certi- 
fied and  registered  and  said  salaries  and  compensation  shall  be 
payable  in  accordance  with  the  provisions  of  this  ordinance  and 
other  ordinances  covering  the  subject  of  payrolls,  claims  and 
salaries  and  not  otherwise,  to-wit: 

POLICE  DEPARTMENT. 

1  Chief  at  a  salary,  per  annum $4,000.00 

1  Assistant  Chief  at  a  salary,  per  annum 2,000.00 

1  Secretary  at  a  salary  of  $5.00  per  day,  aggre- 
gating per  annum l,825-.00 

1  Chief  of  Detectives  at  a  salary  of  $5.00  per  day, 

aggregating  per  annum 1,825.00 

1  Secretary  of  Detectives,  who  shall  be  a  qualified 

stenographer,  at  a  salary  per  annum 1,200.00 

7  Captains  of  Police  at  a  salary  of  $5.00  per  day 

each,  aggregating  per  annum 12,775.00 

14  Lieutenants  of  Police  at  a  salary  of  $4.50  per 

day  each,  aggregating  per  annum 22,995.00 

22  Sergeants  of  Police  at  $4.25  per  day  each,  aggre- 
gating per  annum 34,127.50 

380  Patrolmen  at  $4.00  per  day  each,  aggregating 

per  annum  554,800.00 


POLICE  DEPARTMENT.  483 


6  Janitresses,  one  to  each  of  the  following  station 
houses :  Numbers  1,  4,  5,  6,  7  and  the  High- 
land substation,  at  $1.00  per  day  each,  ag- 

g'regating  per  annum 2,190.00 

Regular  detectives  may  be  appointed  by  the 
Board  of  Public  Safety  from  the  number  of 
regular  patrolmen  herein  provided  for  and 
shall  receive  $4.25  per  day  each,  making  an 
excess  per  annum  over  regular  patrolmen's 
salary  for  a  force  of  14  detectives 1,277.50 


Total  regular   payroll    $639,015.00 

The  Board  of  Public  Safety  shall  with  the  approval  of  the 
Mayor  and  City  Attorney  assign  to  the  Law  Department  an  ex- 
perienced member  of  the  police  force  in  addition  to  those  above 
mentioned,  who  shall  perform  such  duties  as  may  be  directed  by 
the  City  Attorney,  and  whose  salary  shall  not  exceed  $1,300.00 
per  annum,  payable  on  the  payroll  of  the  City  Attorney's  office. 

§  3.  The  Board  of  Public  Safety  in  cases  of  emergency,  and 
with  the  approval  of  the  Mayor,  shall  have  the  power  to  employ 
additional  help  in  the  Police  Department,  the  salaries  and  com- 
pensation of  same  to  be  fixed  by  the  Board  of  Public  Safety  and 
the  names  of  such  employes  shall  appear  on  the  regular  payroll 
as  "Special  Employes"  and  said  special  employes  may  be  dis- 
missed at  any  time  by  the  Board  of  Public  Safety. 

§  4.  The  ordinance  approved  March  26,  1919,  and  entitled 
"An  ordinance  concerning  the  Police  Department  of  the  city  of 
Louisville,  placing  the  same  under  the  Board  of  Public  Safety, 
and  fixing  the  number,  salaries  and  compensation  of  the  officers 
and  employes  therein,"  and  all  ordinances  and  parts  of  ordi- 
nances in  conflict  herewith  are  hereby  repealed. 

§  5.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage.     (Approved  October  10,  1919.) 


484  POUCE  DEPARTMENT. 


(2X  POLICE  DEPARTMENT.* 

Organization  and  Government  Thereof. 

AN  ORDINANCE  providing  for  the  maintenance,  organization, 
and  government  of  the  Police  Department  of  the  city  of 
Louisville,  including  private  policemen. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1,  That  in  accordance  with  the  provisions  of  the  charter 
of  said  citj',  a  police  force  shall  be  elected  and  organized  by  the 
Board  of  Public  Safety,  to  consist  of  one  chief,  with  the  rank  of 
colonel;  one  assistant  chief,  with  the  rank  of  major;  also  cap- 
tains, lieutenants,  and  sergeants  necessary  to  manage  the  Police 
Department,  not  exceeding  the  number  of  each  as  provided  by 
law,  and  not  exceeding  three  hundred  patrolmen,  of  whom  ten 
shall  be  supernumerary  policemen.  Supernumerary  policemen 
shall  be  placed  on  duty  only  during  the  absence  or  sickness  of 
any  of  the  regular  policemen,  and  shall  receivve  pay.  only  for 
the  time  in  which  actual  service  is  rendered. 

In  addition  to  this  force  the  Board  of  Public  Safety  shall, 
from  time  to  time,  elect  such  private  policemen  as  may  be  found 
necessary,  in  accordance  with  Section  109  of  "An  act  for  the 
government  of  cities  of  the  first  class." 

When  elections  are  held  at  which  officers  and  members  of  the 
police  force  have  the  lawful  right  to  vote,  the  commanding  offi- 
cer, or  chief,  shall  arrange  so  that  all  such  men,  officers,  and 
policemen  shall  have  a  reasonable  time  to  go  their  respective  pre- 
cincts, or  place  of  voting,  and  cast  their  votes  according  to  their 
own  wishes  and  judgment,  without  intimidation  or  interference 
of  any  kind. 

The  Board  of  Public  Safety  shall  make  all  necessary  rules 
and  regulations  not  in  conflict  with  this  ordinance,  or  "Act  for 
the  government  of  cities  of  the  first  class,"  for  the  good  govern- 
ment and  discipline  of  the  regular  and  private  police  force,  and 
all  private  police  elected  by  the  Board  of  Public  Safety  of  the 
city  of  Louisville  shall  be  governed  by  this  ordinance  and  the 
rules  prescribed  by  the  Board  of  Public  Safety. 

§  2.  When  any  rule  or  order  of  the  Board  of  Public  Safety 
is  violated,  for  which  the  punishment  is  less  than   dismissal, 


*See  Sees.  2865-2896  Ky.  St. 


POLICE  DEPARTMENT.  485 


the  person  guilty  of  a  violation  of  such  rule  or  order  shall  not 
be  suspended  from  duty,  but  in  lieu  thereof  shall  be  suspended 
from  pay,"  for  such  time,  not  exceeding-  thirty  days,  as  the 
Board  of  Public  Safety  may  deem  just  and  equitable,  and  the 
secretary  of  the  Bureau  of  Police  shall  keep  a  record  of  the 
time  such  person  may  be  "suspended  from  pay,"  and  instead 
of  paying  or  allowing  to  such  person  the  time  or  money  earned 
during  such  suspension,  the  same  shall  be  deducted  from  the 
monthly  pay  of  such  person  so  suspended  and  placed  to  the 
credit  of  the  "Police  Relief  Fund,"  and  used  and  expended  in 
giving  relief  to  such  members  of  the  regular  police  force  who 
may  become  sick,  injured,  or  disabled  while  in  the  discharge  of 
their  regular  duties  as  police  officers. 

The  secretary  of  the  Bureau  of  Police  shall  be  secretary  of 
the  "Police  Relief  Fund,"  and  the  officers  and  members  of  the 
police  force  shall  annually  elect  from  among  their  number  a 
treasurer  of  said  "Police  Relief  Fund,"  and  such  officers  as  may 
be  found  necessary  to  properly  conduct  the  affairs  of  said 
"Police  Relief  Fund,"  and  all  officers  thereof  shall  serve  without 
compensation  from  the  city.  The  treasurer  shall  be  required  by 
rule  to  execute  such  bond  for  faithful  discharge  of  his  duty,  with 
approved  surety,  as  may  from  time  to  time  be  found  necessary. 
No  person  but  members  of  the  police  force  of  the  city  of  Louis- 
ville shall  be  members  of  the  "Police  Relief  Fund,"  and  should 
any  member  of  the  police  force  fail  to  be  re-elected  as  such  mem- 
ber of  the  police  force,  or  dismissed  from  said  force,  he  shall 
lose  all  rights  to  or  interest  in  any  part  of  the  "Police  Relief 
Fund." 

The  officers  and  members  of  the  police  force  of  the  city  of 
Louisville  shall  adopt  such  rules  and  regulations  as  found  neces- 
sary for  the  proper  government  of  the  "Police  Relief  Fund," 
and  distributing  the  funds  thereof  among  those  entitled  thereto; 
and  any  member  thereof  found  guilty  of  making  false  or  fraudu- 
lent claims  against  the  "Police  Relief  Fund,"  or  failing  to  ac- 
count properly  for  any  property  or  money  belonging  thereto, 
shall,  in  addition  to  the  penalties  now  prescribed  by  law,  be  dis- 
missed from  the  police  force.  All  money  or  other  property  be- 
longing to  the  "Police  Relief  Fund"  shall  be  held  and  deposited 
and  invested  in  the  name  of  the  "Police  Relief  Fund"  of  Louis- 
ville. 


486,  POLICE  DEPARTMENT. 


§  3.  The  Board  of  Public  Safety  shall  have  the  power  to 
detail  from  the  police  force  not  exceeding  ten  (10)  persons  to 
act  as  detectives,  one  of  whom,  in  the  discretion  of  the  Board 
of  Public  Safety,  may  be  detailed  to  act  as  chief  of  detectives, 
and  these  officers  shall  not  be  required  to  wear  any  uniforms; 
such  detectives  shall  at  any  time,  when,  in  the  opinion  of  the 
Board  of  Public  Safety,  it  becomes  necessary,  be  required  to  do 
regular  police  duty.  The  chief  of  detectives  shall  at  all  times 
see  that  a  correct  journal  and  account  of  the  acts  and  doings  of 
this  department  is  properly  kept  in  books  to  be  kept  for  that 
purpose,  which  shall  be  furnished  by  the  city  of  Louisville  and 
remain  the  property  of  the  city  of  Louisville,  and  at  all  times 
open  to  inspection  of  the  Mayor,  Board  of  Public  Safety,  or  chief 
of  police. 

§  4.  The  pohce  force,  while  on  duty,  shall  be  uniformed  as 
follows : 

The  chief  of  police  shall  wear  a  uniform  like  that  of  a  colonel 
in  the  regular  army  of  the  United  States,  a  metal  shield  of  gold 
or  gilt,  with  the  words  "Chief  of  Police,  Louisville"  engraved 
thereon,  which  he  shall  wear  on  the  left  lapel  of  his  coat. 

The  assistant  to  the  chief,  whose  title  shall  be  major,  shall 
wear  the  same  uniform  as  the  chief  of  police,  with  the  exception 
of  shoulder  straps,  which  shall  be  those  prescribed  in  the  regu- 
lations of  the  United  States  army  for  major;  on  the  left  lapel  of 
the  coat  he  shall  wear  a  gold  or  gilt  shield,  with  the  words  "Major 
of  Police,  Louisville"  engraved  thereon. 

The  captains  shall  wear  the  same  uniforms  as  the  chief  and 
major,  with  shoulder  straps  same  as  those  prescribed  for  cap- 
tains in  the  United  States  army,  with  gold  or  gilt  shield,  with 
the  words  "Captain  of  Police,  Louisville"  engraved  thereon,  to 
be  worn  on  the  left  lapel  of  coat. 

Lieutenants  shall  wear  the  same  uniforms  as  the  chief,  major 
and  captains,  with  shoulder  straps  same  as  those  prescribed  for 
first  lieutenants  in  the  United  States  army,  to  be  worn  on  the 
left  lapel  of  their  coat,  with  the  words  "Lieutenant  of  Police, 
Louisville"  engraved  thereon. 

Sergeants  shall  wear  the  same  uniforms  as  a  lieutenant, 
with  the  exception  that  he  will  wear  chevrons  prescribed  by  the 
United  States  army  regulations;  he  shall  wear  a  silver  or  gilt 


POLICE  DEPARTMENT.  487 


shield  on  the  left  lapel  of  his  coat,  with  the  words  "Sergeant  of 
Police,  Louisville"  engraved  thereon. 

Corporals  shall  wear  the  same  uniforms  as  policemen,  with 
the  exception  that  he  shall  wear  chevrons  prescribed  by  the 
United  States  army  regulations;  he  shall  wear  a  silver  or  gilt 
shield  on  the  left  lapel  of  his  coat,  with  the  words  "Corporal  of 
Police,  Louisville"  engraved  thereon. 

Policemen  shall  wear  the  same  uniforms  as  corporals,  with 
the  exception  of  chevrons;  he  shall  wear  a  silver  or  gilt  shield 
on  the  left  lapel  of  his  coat,  with  the  words  "Louisville  Police" 
and  number  engraved  thereon. 

Officers  and  policemen  shall  wear  from  about  the  first  day 
of  June  until  the  first  day  of  October  in  each  year,  the  precise 
time  to  be  fixed  by  the  chief  of  police,  the  following  dress,  to-wit : 

A  blue  flannel  yacht  cloth  sack  coat,  and  vest  of  the  same  ma- 
terial; the  coat  of  the  patrolman  to  be  single-breasted  sack, 
with  short  turn-over  collar,  to  button  close  up  to  the  chin,  with 
five  buttons  on  the  front,  no  pockets  to  show  on  the  outside,  vest 
single-breasted  with  six  buttons  at  equal  distance,  and  the 
pantaloons  to  be  made  as  winter  pantaloons,  and  hat  or  cap  to 
be  selected  by  the  Board  of  Public  Safety,  and  upon  which  shall 
be  worn  a  metal  wreath,  encircling  rank  or  number  assigned  to 
the  officer  or  policeman  by  the  chief,  and  shall  wear  a  white 
standing  collar  and  black  necktie. 

And  from  about  the  first  day  of  October  in  each  year,  the 
exact  time  to  be  fixed  by  the  chief  of  police,  they  shall  wear  a 
navy  blue  frock  coat,  single-breasted,  nine  buttons  on  the  front, 
two  buttons  on  the  hip,  two  buttons  on  the  bottom  of  each  pocket, 
and  three  small  buttons  on  the  under  seam  of  the  cuff;  pantaloons 
to  be  made  of  the  same  material  as  the  coat ;  white  standing  collar 
and  black  necktie. 

They  shall  also  wear  a  uniform  overcoat  of  dark  blue  cloth 
when  required;  the  button  on  coat  and  overcoat  shall  be  the 
police   (P)   button. 

The  private  police  shall  wear  a  gray  regulation  cap,  with  the 
words  "Private  Police"  printed,  stamped,  or  worked  thereon, 
together  with  the  number  of  said  private  policeman.  Each 
private  policeman  shall  also  wear  a  metal  badge  on  the  left 
breast,  exposed  to  view,  with  the  words  "Private  Police,"  to- 


488  POLICE  DEPARTMENT. 

gether  with  the  number  of  said  officer  engraved  thereon.  The 
pattern  of  said  cap  and  shield  shall  be  selected  by  the  Board  of 
Public  Safety,  and  each  private  policeman  shall  procure  the  same 
through  the  chief  of  police  before  entering  upon  his  duty.  A 
failure  to  wear  said  cap  or  badge  by  any  private  police  officer,  or 
any  private  police  agency,  or  to  cornply  with  the  rules  prescribed 
by  the  Board  of  Public  Safety,  shall  be  cause  for  dismissal  and 
arrest,  or  either,  or  both,  and  be  fined  not  less  than  five  ($5) 
nor  more  than  twenty  ($20)  dollars  for  each  offense. 

The  chief  of  police  shall,  before  entering  upon  the  discharge 
of  his  duty,  enter  bond,  with  good  security,  to  be  approved  by 
the  Board  of  Public  Safety,  conditioned  for  the  faithful  dis- 
charge of  the  duties  imposed  upon  him  by  law. 

When  any  reduction  shall  be  made  from  the  pay  of  an  officer 
or  member  of  the  police  force,  because  of  such  officer  or  member 
having  been  suspended  from  pay,  such  reduction  shall  be  charged 
to  the  officer  or  member  of  said  police  force  who  may  have  been 
suspended  from  pay,  and  the  amount  so  deducted  shall  be  credit- 
ed to  the  "Police  Relief  Fund,"  upon  the  regular  monthly  pay- 
roll, and  the  Auditor  shall,  when  approved  in  the  manner  re- 
quired by  law,  draw  his  warrant  on  the  treasurer  for  said  amount 
in  favor  of  the  "Police  Relief  Fund,"  in  the  same  manner  as  he 
would  to  an  individual,  and  a  receipt  for  said  warrant,  or  an- 
endorsement  signed  by  the  secretary  and  president  of  the 
"Police  Relief  Fund,"  shall  be  sufficient  to  attest  to  and  protect 
the  Auditor  in  issuing  said  warrant,  and  the  treasurer  in  paying 
same,  and  the  proceeds  of  such  warrant  shall  be  at  once  paid  into 
the  "Police  Relief  Fund,"  there  to  be  held  and  distributed  as 
herein  directed. 

In  case  any  member  of  the  police  force  should  be  wounded  in 
the  actual  discharge  of  his  duty  as  a  policeman,  his  salary,  not 
exceeding  thirteen  weeks,  shall  be  continued  for  a  period  of  such 
disability,  if  satisfactory  proof  of  such  wounding  shall  be  fur- 
nished the  Board  of  Public  Safety.  Such  persons  so  wounded 
shall,  at  all  times,  when  required,  subject  himself  to  examination 
by  the  Health  Officer  of  the  city  of  Louisville. 

§  5.  No  policeman  shall  be  placed  on  duty  until  he  shall  have 
entered  bond  with  the  city  of  Louisville,  to  be  approved  by  the 
Board  of  Public  Safety,  for  the  faithful  performance  of  his  duty. 


POLICE  DEPARTMENT.  489 


§  6.  The  chief  of  police  and  commanding  officers  shall  wear 
the  shoulder  straps  designating  their  rank  on  summer  uniform 
same  as  winter  uniform. 

The  uniform  here  prescribed  shall  be  paid  for  and  furnished, 
excluding  the  shield,  belt,  and  baton,  by  the  officers  and  police- 
men themselves. 

Each  officer  shall  procure  and  furnish  himself  with  the  pre- 
scribed uniform  within  twenty  days  of  the  time  of  his  election. 

§  7.  It  is  hereby  made  unlawful  for  any  person,  other  than 
a  member  of  the  regular  police  force  of  said  city,  bailiff  of  Police 
Court  and  his  deputies,  at  any  time  to  wear  a  shield,  badge,  or 
any  imitation  thereof,  as  prescribed  by  this  ordinance. 

Any  person  violating  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  fined  ten  ($10)  dollars  for  each  of- 
fense. 

§  8.  All  ordinances  in  conflict  with  this  ordinance  are  hereby 
repealed. 

§  9.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage and  pubhcation.     (Approved  April  19,  1898.) 

(See  also  Private  Detectives;  Fire  and  Police  Departments; 
Park  Police.) 


(3)  POLICE  DEPARTMENT. 

Leave  of  Absence. 

AN  ORDINANCE  regulating  the  granting  of  leaves  of  absence 
to  the  officers  and  members  in  the  Police  Department  of  the 
city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  all  officers  and  members  of  the  Police  Department 
of  the  city  of  Louisville,  regularly  on  the  payroll  of  said  depart- 
ment, shall  be  granted  a  leave  of  absence  of  ten  days,  with  full 
pay,  in  each  year,  commencing  with  September  1,  1902. 

§  2.  That  the  Board  of  Public  Safety  shall  allot  to  each  mem- 
ber of  the  Police  Department  the  date  of  such  ten  days'  leave 
of  absence,  beginning  with  the  oldest  member  in  point  of  services 
in  said  department,  at  such  time  and  in  such  manner  as  said 
board  may  deem  proper,  but  at  no  time  shall  there  be  more  than 


490  POLICE  DEPARTMENT. 

ten  members  of  said  department  absent  in  the  enjoyment  of  such 
leave  of  absence  during  the  same  period. 

§  3.  That  each  member  of  said  department  shall  have  the 
privilege  of  exchanging  the  date  of  his  said  ten  days'  leave  of 
absence  with  another  member  of  the  same  rank  by  notifying  the 
chief  of  police,  and  obtaining  the  approval  of  said  board. 

§  4,  That  all  of  the  officers  and  members  of  said  department 
shall  be  further  granted  a  leave  of  absence  for  three  days  of 
twenty-four  hours  each,^  without  loss  of  pay  or  salary,  in  the 
event  of  death  of  a  parent,  child,  wife,  sister,  or  brother  of  any 
such  officer  or  policeman,  the  said  days  to  be  computed  from  the 
time  of  the  death  of  such  relative.  This  leave  of  absence  shall 
not  be  granted  in  the  event  such  relative  die  and  be  interred 
away  from  the  city  of  Louisville,  unless  such  officer  or  policeman 
actually  attends  the  funeral  of  such  deceased  relative. 

§  5,  That  all  ordinances,  or  parts  of  ordinances,  in  conflict 
with  this  ordinance  be,  and  the  same  are  hereby  repealed. 

§  6.  That  this  ordinance  shall  take  effect  from  its  passage. 
(App7'oved  August  23,  1902.) 


(4)   POLICE  DEPARTMENT. 

Private  Watching  Prohibited. 

AN  ORDINANCE  prohibiting  any  member  of  the  police  force 
of  the  city  of  Louisville  from  being  employed  or  detailed 
or  doing  any  private  watching  for  any  person  or  purpose 
whatever. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     No  member  of  the  police  force  of  the  city  of  Louisville 
shall  be  employed  or  detailed  to  do  any  private  watching  for  any 
person  or  purpose  whatever,  nor  shall  any  member  of  the  police 
force  do  any  private  watching  for  any  person  or  purpose  what- 
ever. 

§  2.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  fined  not  less  than  five  ($5)  dollars  nor  mt)re  than  twenty 
($20)  dollars  for  each  offense. 


POOLROOMS.  491 


§  3.  All  ordinances  and  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  4.  This  ordinance  shall  take  effect  from  and  after  its  pub- 
lication.    (Approved  June  19,  1896.)     (See  Park  Police.) 


(5)   POLICE  DEPARTMENT. 

Patrol  Wagons  to  be  Enclosed. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  hereafter  all  patrol  wagons  in  the  service  of  the 
Police  Department  of  the  city  of  Louisville  be  inclosed  in  such 
a  way  that  prisoners  will  not  be  subjected  to  the  public  gaze 
while  being  conveyed  through  the  streets  of  the  city. 

§  2.  That  this  ordinance  shall  take  effect  from  and  after  its 
publication.     (Approved  March  1,  1897.) 


POOLROOMS  FOR  BETS  ON  RACES. 
Operation  Prohibited. 

AN  ORDINANCE  to  prevent  the  operation  of  pool  rooms  in  the 

city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  it  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration to  establish,  set  up,  maintain,  keep,  operate,  or  conduct 
in  the  city  of  Louisville,  a  pool  room,  or  what  is  commonly  called 
a  "pool  room,"  wherein  or  whereat  any  money  or  other  thing  of 
value  shall  be  or  can  be  bet,  won  or  lost  on  the  result  of  any 
horse  race  or  races,  ran  or  to  be  run  in  or  out  of  the  city  of  Louis- 
ville, or  wherein  or  whereat  any  money  or  other  thing  of  value 
shall  be  received  or  paid  for  any  ticket,  lot,  pool,  or  chance  on 
the  result  of  any  such  horse  race  or  races  ran  or  to  be  run  in  or 
out  of  the  city  of  Louisville;  and  any  person,  firm,  or  corporation 
that  shall  violate  any  provision  of  this  section  shall,  on  convic- 
tion, be  fined  one  hundred  ($100)  dollars  for  each  offense;  and 
each  day  such  pool  room  is  thus  maintained,  kept,  operated  or 
conducted  shall  constitute  a  separate  offense. 


492  POOLROOMS. 


§  2.  That  it  shall  be  unlawful  for  any  person  to  aid,  abet, 
or  assist  any  other  person,  or  corporation,  or  to  act,  as  the  agent, 
or  employe  of  any  other  person,  or  corporation,  in  establishing, 
setting  up,  maintaining,  keeping,  operating,  or  conducting  any 
such  pool  room  as  is  defined  in  Section  1  of  this  ordinance;  and 
any  person  who  shall  violate  any  provision  of  this  section  shall, 
on  conviction,  be  fined  in  any  sum  not  less  than  twenty-five  ($25) 
nor  more  than  one  hundred  ($100)  dollars  for  each  offense;  and 
each  day  any  person  shall  thus  aid,  abet,  or  assist  in  maintain- 
ing, keeping,  operating,  or  conducting  such  a  pool  room,  or  shall 
act  as  agent  or  employe  of  any  person  or  corporation  in  main- 
taining, keeping,  operating,  or  conducting  such  a  pool  room,  shall 
constitute  a  separate  offense. 

§  3.  That  it  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration, either  as  owner  or  agent,  to  let,  lease,  or  rent  to  any 
other  person,  firm  or  corporation  any  room,  house,  or  building, 
to  be  used  or  occupied  as  a  pool  room,  or  for  any  of  the  purposes 
defined  in  Section  1  of  this  ordinance;  or  as  owner,  or  agent,  to 
permit  any  room,  house,  or  building  to  be  so  used  or  occupied 
after  receiving  notice  thereof;  and  any  person,  firm  or  corpora- 
tion that  shall  violate  any  provision  of  this  section  shall,  on  con- 
viction, be  fined  in  any  sum  not  less  than  fifty  ($50)  dollars  nor 
more  than  one  hundred  ($100)  dollars  for  each  offense,  and  each 
day  such  room,  house  or  building  shall  be  so  used,  or  occupied 
shall  constitute  a  separate  oft'ense. 

§  4.  That  it  shall  be  unlawful  for  any  telegraph,  telephone 
or  messenger  company,  or  any  officer,  agent,  messenger,  or  em- 
ploye thereof,  to  furnish,  deliver,  or  communicate  to  any  owner, 
proprietor,  agent,  or  employe  of  any  pool  room  maintained,  kept, 
operated,  or  conducted  in  the  city  of  Louisville  for  any  of  the 
purposes  defined  in  Section  1  of  this  ordinance,  any  message, 
communication,  or  information  to  be  used  at  such  a  pool  room 
as  defined  in  Section  1  of  this  ordinance  concerning  any  horse 
race  or  races  in  or  out  of  the  city  of  Louisville;  and  any  com- 
pany, person,  firm  or  corporation  that  shall  violate  any  provision 
of  this  section  shall,  on  conviction,  be  fined  in  any  sum  not  less 
than  twenty-five  ($25)  dollars  nor  more  than  one  hundred 
($100)  dollars  for  each  offense,  and  each  message  or  communi- 
cation so  furnished,  or  delivered,  or  communicated  shall  consti- 
tute a  separate  offense. 


POOLROOMS.  493 


§  5.  That  it  shall  be  unlawful  for  any  person  to  buy  or  to 
have  in  his  possession  any  ticket,  lot,  pool  or  chance  in  or  of 
any  such  pool  room  as  is  defined  in  Section  1  of  this  ordinance, 
on  any  horse  race  or  races  ran  or  to  be  run  in  or  out  of  the  city 
of  Ltouisville,  and  any  person  who  shall  violate  any  provision  of 
this  section  shall,  on  conviction,  be  fined  in  any  sum  not  less  than 
five  ($5)  dollars  nor  more  than  fifty  ($50)  dollars  for  each 
offense. 

§  6.  That  it  shall  be  the  duty  of  the  Board  of  Public  Safety, 
and  each  member  of  said  board,  to  suppress  all  such  pool  rooms 
as  are  defined  in  Section  1  of  this  ordinance,  and  by  and  through 
the  police  force  to  faithfully  execute  all  the  provisions  of  this 
ordinance ;  and  it  shall  be  the  duty  of  the  chief  of  police  and  each 
member  of  the  police  force  of  the  city  of  Louisville  to  detect  and 
arrest  all  violators  of  any  provisions  of  this  ordinance,  and  any 
willful  failure  or  refusal  to  do  so  by  an  officer,  patrolman,  or 
detective  on  the  police  force  shall  subject  him  to  a  fine  of  not  less 
than  fifty  ($50)  dollars  nor  more  than  one  hundred  ($100)  dol- 
lars for  each  offense,  and  on  conviction  for  such  offense  in  the 
Police  Court  of  the  city  of  Louisville  it  shall  be  the  duty  of  said 
board,  after  notice  to  and  trial  of  such  convicted  member  of  the 
Police  Department,  to  dismiss  him  from  further  service  therein, 
and  to  not  thereafter  appoint  him  to  any  position  in  said  depart- 
ment, or  place  him  on  the  payrolls  thereof. 

§  7.  That  any  member  of  the  Board  of  Public  Safety  who 
shall  willfully  fail  or  refuse  to  execute  any  provision  of  this 
ordinance,  or  to  join  with  any  other  member  of  said  board  in 
executing  the  same,  or  who  shall  willfully  fail  or  refuse  to  dis- 
miss or  to  join  with  any  other  member  of  said  board  in  dis- 
missing from  further  service  in  the  Police  Department  any  mem- 
ber thereof  who  shall  have  been  convicted  in  the  Police  Court  of 
the  city  of  Louisville  of  violating  any  provision  of  this  ordi- 
nance, or  any  member  of  said  board  who  shall  appoint  or  join 
any  other  member  of  said  board  in  appointing  any  such  con- 
victed member  of  the  Police  Department  to  any  position  therein, 
or  who  shall  place,  or  join  any  other  member  of  said  board  in 
placing  any  such  convicted  member  of  the  Police  Department 
on  the  payrolls  thereof,  shall,  on  conviction,  be  fined  one  hun- 
dred dollars   ($100)   for  each  offense. 


494  PRIVATE   DETECTIVES. 


§  8.  That  all  other  ordinances  or  parts  of  ordinances  in  con- 
flict or  inconsistent  with  this  ordinance  are  hereby  repealed. 

§  9.  That  this  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage.     {Approved  February  14,  1901.) 

NOTE. — The  above  City  Ordinance  forbidding  the  transmission  to  a  pool- 
room operator  of  messages  intended  to  be  used  in  the  business  of  pool  selling 
in  the  city  is  a  valid  exercise  of  the  police  povv'er  of  the  State. 

Conceding  that  an  ordinance  prohibiting  and  punishing  the  operation  of 
pool-rooms  was  broad  enough  to  include  French  pools,  which  has  been  con- 
strued as  a  contrivance  used  in  betting,  within  Ky.  St.  1903,  Sees.  1960-1961, 
which  fix  a  greater  penalty  than  that  fixed  by  the  ordinance  for  setting  up 
and  running  such  contrivances,  and  hence  is,  as  toi  French  pools,  void  because 
violative  of  Const.,  Sec.  168,  forbidding  the  enactment  of  ordinances  prescribing 
less  penalties  than  fixed  by  statute  for  the  same  offense,  yet  it  is  void  only 
as  to  that  class  of  pool  selling,  and  is  valid  in  other  particulars  prescribed 
therein,  such  as  the  penalties  affixed  to  the  acts  of  having  pool  tickets  in  pos- 
session, and  furnishing  telegraphic  messages  to  operators,  knowing  that  they 
are  to  be  used  to  further  the  businesses  of  pool  selling,  which  are  not  within 
the  statutory  prohibition.— Cify  of  Louisville  v.  WeJivihoff,  78  S.  W.  201,  116 
Ky.  812. 


PRIVATE  DETECTIVES. 

License  and  Regulations. 

AN  ORDINANCE  regulating  private  detectives  and  the  busi- 
ness of  private  detectives. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  no  person  shall  carry  on  or  be  engaged  in  the  busi- 
ness of  a  private  ,  detective  unless  such  person  shall  obtain  a 
license  or  permit  therefor  from  the  Board  of  Sinking  Fund  Com- 
missioners of  the  city  of  Louisville. 

No  license  shall  be  granted  to  any  such  person  unless  at  the 
time  of  the  application  said  person  shall  produce  and  file  with 
the  Board  of  Sinking  Fund  Commissioners  a  recommendation 
from  the  Board  of  Public  Safety  of  the  city  of  Louisville  show- 
ing that  said  person  has  been  duly  approved  and  recommended 
for  said  business  and  has  deposited  with  the  Board  of  Public 
Safety  a  bond  with  approved  surety  in  the  sum  of  one  thousand 
($1,000)  dollars,  payable  to  the  city  of  Louisville,  for  the  use 
and  benefit  of  any  person,  firm  or  corporation  injured  or  dam- 
aged on  account  of  any  illegal  act  of  such  detective  in  or  about 
his  business. 


PRIVATE   DETECTIVES.  495 


§  2.  No  person  shall  be  approved  or  recommended  by  the 
Board  of  Public  Safety  for  said  business  unless  he  is  well  known 
to  be  a  man  of  sobriety  and  integrity  and  has  been  and  is  an 
orderly  and  law-abiding  citizen.  No  person  shall  be  so  approved 
or  recommended  who  has  been  convicted  of  any  felony  or  who 
has  been  engaged  in  any  unlawful  calling  or  has  pursued  any 
calling  in  a  manner  forbidden  by  law. 

§  3.  Upon  the  filing  of  said  recommendation  as  aforesaid  and 
the  payment  of  a  license  fee  of  twenty-five  ($25)  dollars  the 
Board  of  Sinking  Fund  Commissioners  shall  issue  a  license  to 
said  person  for  one  year,  and  said  license  shall  be  subject  to 
the  rules  and  regulations  of  the  Board  of  Public  Safety  of  the 
city  of  Louisville. 

§  4.  Said  license  so  granted  may  at  any  time  be  revoked  for 
cause  by  the  Board  of  Public  Safety,  but  no  such  license  shall 
be  revoked  until  written  charges  have  been  made  or  preferred 
against  the  holder  thereof,  nor  until  such  charges  have  been 
examined,  heard  and  investigated  before  said  board  upon  such 
reasonable  notice  to  the  person  so  charged  and  in  such  manner 
of  procedure  and  practice,  examination  and  investigation  as  the 
said  Board  of  Public  Safety  may  by  rules  and  regulations  from 
time  to  time  prescribe.  No  license  shall  be  so  revoked  unless  a 
majority  of  the  Board  of  Public  Safety  shall  concur.     - 

§  5.  Any  person  carrying  on  the  business  of  a  detective,  or 
following  the  calling  of  a  private  detective,  without  obtaining  a 
license  therefor  as  provided  herein  shall  upon  conviction  be  guilty 
of  a  misdemeanor  and  punished  by  a  fine  of  not  less  than  ten 
($10)  dollars  nor  more  than  fifty  ($50)  dollars  for  each  offense. 

§  6.  Any  detective  agency  or  private  detective  that  sends 
out  any  person  or  agent  to  do  detective  work  who  has  not  secured 
a  license  as  herein  provided  shall  be  subject  to  a  fine  of  not  less 
than  ten  ($10)  dollars  nor  more  than  fifty  ($50)  dollars  for 
each  offense.  No  license  granted  under  this  ordinance  shall  be 
transferable,  and  any  attempt  to  transfer  a  license  shall  be 
deemed  sufficient  cause  for  the  immediate  revocation  thereof. 

§  7.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  April  15,  1915.) 


496  PRIVY  VAULTS. 


(1)   PRIVY  VAULTS. 

Elimination  in  Sewered  Districts. 

AN  ORDINANCE  providing  for  the  elimination  of  existing 
privy  vaults  and  cesspools  in  sewered  districts  and  prevent- 
ing the  establishment  in  the  future  of  such  privy  vaults  and 
cesspools  in  such  districts. 

Be  it  ordaiyied  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  It  shall  be  unlawful  for  any  person  to  maintain  a  privy 
vault,  cesspool  or  similar  contrivance  for  the  reception  of  human 
excreta  when  the  premises  abut  a  public  sewer. 

§  2.  Any  person  or  persons  violating  or  assisting  in  the  vio- 
lation of  this  ordinance  shall,  upon  conviction,  be  fined  not  less 
than  ten  ($10)  dollars  or  more  than  fifty  ($50)  dollars. 

§  3.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  4.  This  ordinance  shall  take  effect  six  months  after  its  pas- 
sage.    (Approved  October  6,  1917.) 


(2)  PRIVY  VAULTS. 
Establishment  in  U.nsewered  District. 

AN  ORDINANCE  providing  for  the  establishment  of  sanitary 
privies  in  unsewered  districts  and  the  sanitary  disposal  of 
human  excrement. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  It  shall  be  unlawful  for  any  person  to  dig  or  use,  or 
cause  to  be  dug  or  used  any  privy  vault  or  cesspool,  or  connect 
any  plumbing  with  a  cesspool,  or  build  or  cause  to  be  built  any 
privy  house  within  the  limits  of  the  city  of  Louisville,  except 
upon  the  written  permission  of  the  health  department.  All  appli- 
cations for  such  permits  must  be  accompanied  by  a  certificate 
from  the  City  Engineer  to  the  eff'ect  that  said  premises  do  not 
abut  upon  a  public  sewer. 

§  2.  When  the  premises  do  not  abut  upon  a  public  sewer,  and 
pending  the  establishment  of  such  a  sewer,  the  owner,  agent  or 
occupant  of  the  premises  may,  after  securing  the  necessary  per- 


PRIVY  VAULTS.  497 


mit,  construct  a  sanitary  privy,  which,  prior  to  installation, 
must  receive  the  approval  of  the  health  department  as  to  suita- 
bility, construction  and  sanitary  efficiency. 

§  3.  A  sanitary  privy  shall  be  one  in  which  the  human  ex- 
crement is  deposited  in  a  mosquito  and  fly-proof  receptacle  kept 
in  proper  condition  at  all  times,  and  from  the  first  of  April  until 
the  first  of  October  shall  be  well  sprinkled  with  lime  at  least 
twice  each  month. 

§  4.  Excrement  removed  from  sanitary  privies  shall  be 
emptied  only  into  the  public  sewers  and  in  accordance  with  the 
requirements  of  the  health  department. 

§  5.  It  shall  be  unlawful  for  anyone  other  than  a  person  or 
persons  who  have  received  a  permit  from  the  health  department 
to  empty  or  remove  any  portion  of  the  contents  of  any  privy 
vault,  cesspool  or  other  contrivance  for  the  collection  of  human 
excrement  or  transport  the  contents  of  any  privy,  cesspool  or 
other  contrivance  through  the  streets,  highways,  alleys  or  other 
places  in  the  city  of  Louisville. 

§  6.  Any  person  or  persons  violating  or  assisting  in  the  vio- 
lation of  any  part  or  parts  of  this  ordinance  shall,  upon  convic- 
tion, be  fined  not  less  than  ten  ($10)  dollars  nor  more  than  fifty 
($50)  dollars  and  each  day's  continuance  of  the  violation  shall 
constitute  a  separate  offense. 

§  7.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  8.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  October  6,  1917.) 


(3)   PRIVY  VAULTS. 

Removing  Contents. 

AN  ORDINANCE  concerning  the  removal  of  contents  of  privy 
vaults. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  it  shall  be  unlawful  for  any  one  to  convey  or  have 
conveyed  any  part  of  the  contents  of  any  privy  vault,  or  other 
vault  containing  offensive  matter,  through  or  along  any  of  the 
streets  or  alleys  of  the  city,  and  deposit  or  with  a  view  of  de- 


498  PRIVY  VAULTS. 


positing  the  same  at  any  place  outside  of  the  city  limits  near 
enough  thereto  to  be  offensive  to  any  one  within  the  city  limits. 

§  2.  It  shall  be  unlawful  for  any  one  to  deposit  or  have  de- 
posited any  part  of  the  contents  of  any  such  vaults  as  described 
in  the  first  section  at  any  place  within  the  city  limits,  except  in 
the  current  of  the  Ohio  river.  It  shall  be  unlawful  for  any  one 
to  convey  or  have  conveyed  any  part  of  the  contents  of  any  such 
vault  as  described  in  the  first  section  along  any  of  the  streets  or 
alleys  of  the  city,  except  in  water-tight  carts  or  vehicles,  and 
between  the  hours  of  10  and  4  o'clock  at  night:  Provided,  how- 
ever, that  the  contents  of  any  such  vault  as  described  in  the  first 
section  hereof  may  be  removed  at  any  time  in  inclosed  water- 
tight carts,  if  the  contents  of  such  vault,  before  being  removed, 
are  first  disinfected  and  deoderized;  and  after  thus  being  ren- 
dered free  from  offensive  smell,  to  the  full  satisfaction  of  the 
Board  of  Health,  may  be  removed  from  such  vault,  and  deposit- 
ed in  such  place  or  places  as  may  be  petitioned  for  by  all  the 
property  owners  and  residents  within  fifteen  hundred  feet  of  the 
proposed  place  of  deposit,  and  not  otherwise. 

§  3.  Whoever  shall  violate  any  of  the  provisions  of  this  ordi- 
nance shall  be  fined  for  each  offense  not  less  than  ten  dollars 
($10)  nor  more  than  one  hundred  dollars  ($100).  (Approved 
May  18,  1872.) 


(4)   PRIVY  VAULTS. 

Construction  and  Maintenance. 

AN  ORDINANCE  concerning  privy  vaults. 

Be  it  ordained  by  the  Ge^ieral  Council  of  the  city  of  Louisville: 

No  privy  shall  be  built  without  a  vault  at  least  twelve  nor 
more  than  thirty  feet  deep,  and  walled  with  hard  brick ;  nor 
shall  any  part  of  the  contents  of  any  privy  vault  be  removed 
except  by  its  being  taken  out  of  the  city  or  into  the  current  of 
the  river  in  the  night  time.  Each  privy  shall  be  kept  in  proper 
condition  at  all  times  and  from  the  first  of  April  till  the  last 
of  October  shall  be  well  sprinkled  with  lime  at  least  twice  in* 
each  month.  Any  owner  or  occupant  of  premises  on  which  any 
of  the  above  regulations  shall  not  be  complied  with  shall  be 


PUBLIC   SERVICE  CORPORATIONS.  499 


fined  ten  dollars  ($10)  for  each  offense.  (Approved  November 
5,  1853.)  (See  also  Sewers;  Plumbing  Code;  Drains,  Private; 
Te7iement  House  Laiv;  Charter,  Sec.  3037g.) 


PUBLIC  SERVICE  CORPORATIONS. 

Examination  of  Books,  etc. 

AN  ORDINANCE  providing  for  an  examination  and  inspec- 
tion of  the  books,  records  and  physical  properties  of  all  pub- 
lic service  corporations  and  of  all  persons  and  corporations 
conducting  or  owning  public  utilities  in  the  city  of  Louis- 
ville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  all  public  service  corporations  and  all  persons, 
firms  and  corporations  conducting,  owning  or  exercising  any 
franchise  granted  by  the  city  of  Louisville,  shall  hereafter  ex- 
hibit and  disclose  to  the. proper  authorities  or  representatives 
of  the  city  of  Louisville  for  inspection  and  examination  all  of 
the  books,  records  and  papers  and  all  of  the  physical  property 
of  such  person,  firm  or  corporation,  in  so  far  as  same  pertain 
to  or  are  in  any  manner  connected  with  the  exercise  of  such 
franchise  or  such  public  utility. 

§  2.  Any  person,  firm  or  corporation  owning  or  exercising 
any  public  franchise,  such  as  mentioned  in  Section  1,  who  fails 
or  refuses  to  so  exhibit  and  disclose  any  of  its  books,  records 
or  papers,  or  its  physical  property,  or  fails  to  permit  any  prop- 
erly constituted  officer,  agent  or  representatives  of  the  city  of 
Louisville  to  make  such  examination  and  inspection,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be  fined 
not  less  than  fifty  ($50)  dollars  nor  more  than  one  hundred  dol- 
lars ($100)  for  each  sffense,  and  each  day  such  failure  or  re- 
fusal is  continued  shall  be  deemed  a  separate  offense. 

§  3.     This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  July  12,  1909.) 
(See  also  Franchise.) 


500  PUBLIC  WAYS. 


(1)   PUBLIC   WAYS— CONSTRUCTION   OR  REPAIR.* 
Installation  of   Water,  Gas  and  Sewer   Pipes   before   Pavement. 

AN  ORDINANCE  regulating  and  requiring  the  installation  of 
water,  gas  and  sewer  service  pipe  connections  before  the 
paving  or  repaving  of  public  ways  in  the  city  of  Louisville. 

Be  it  ordamed  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  Each  owner  of  property  abutting  on  any  public  way  shall 
cause  to  be  installed,  before  the  carriageway  of  said  public  way 
is  paved  or  repaved,  a  sewer,  a  water  and  a  gas  service  pipe  from 
the  sewer,  water  and  gas  mains  in  said  public  way  to  the  prop- 
erty line.  When  the  carriageway  of  a  public  way  is  to  be  paved 
or  repaved  the  Board  of  Public  Works  shall  send  notice  to  the 
owner  or  agent  of  each  lot  abutting  thereon  to  install  a  sewer, 
a  water  and  a  gas  service  pipe  to  each  lot.  Notice  may  be  sent 
by  mail  or  in  such  other  manner  as  said  board  may  designate, 
but  failure  of  the  owner  or  agent  to  receive  such  notice  shall 
in  no  way  invalidate  any  ordinance  passed  by  the  General  Coun- 
cil or  any  contract  entered  into  by  the  Board  of  Public  Works, 
nor  in  any  way  affect  the  liability  of  any  such  owner  to  pay 
his  proportionate  part  of  the  cost  of  the  installation  of  service 
pipes  as  herein  provided, 

§  2.  Such  owner  or  agent  shall  be  allowed  twenty  (20)  days 
from  the  date  of  issuance  of  notice  in  which  to  have  a  sewer,  a 
water  and  a  gas  service  pipe  installed  as  prescribed  in  Section  1 
hereof.  Upon  the  failure  of  the  owner  so  to  do  the  Board  of 
Public  Works  shall  at  the  expiration  of  the  twenty  (20)  day 
period  cause  to  be  installed  a  sewer,  a  water  and  a  gas  service 
pipe,  or  any  or  all  of  them,  to  the  property  line  of  each  lot  to 
which  such  pipe  or  pipes  have  not  theretofore  been  installed. 
Where  the  land  abutting  on  said  public  way  is  not  divided  into 
lots  the  Board  of  Public  Works  shall  fix  a  reasonable  distance, 
fronting  on  said  public  way,  which  shall  constitute  a  lot.  Such 
reasonable  distance  shall  not  be  less  than  twenty-five  (25)  feet. 
Said  board  shall  have  power  to  order  and  require  that  such  water 
and  gas  pipes  shall  be  installed  by  the  respective  owners  of  the 
main  pipes  in  the  adjoining  public  way.  Said  water,  gas  and 
sewer  pipes  shall  be  installed  at  the  cost  of  the  respective  owners 


*See  Sec.  2833  Ky.  St. 


PUBLIC  WAYS.  501 


of  the  abutting  lots;  provided,  however,  that  any  gas  company 
whose  franchise  requires  said  company  to  bear  the  expense  of 
a  service  pipe  from  the  main  pipe  to  the  property  line  of  each 
improved  lot  shall  reimburse  the  owner  of  any  lot  which  was 
unimproved  when  said  public  way  was  paved  or  repaved,  but 
who  shall  thereafter  use  the  gas  pipe  installed  under  the  pro- 
visions of  this  ordinance,  to  the  extent  of  his  expense  thereto- 
fore incurred  for  the  installation  of  said  pipe. 

§  3.  The  cost  of  installation  of  each  pipe  shall  be  charged 
against  the  lot  which  is  served  or  to  be  served  by  such  pipe  and 
a  lien  shall  exist  against  said  lot  for  the  respective  apportion- 
ment by  the  Board  of  Public  Works  of  such  cost,  with  interest  at 
the  rate  of  six  (6)  per  cent,  per  annum  until  paid.  The  Board 
of  Public  Works  shall  have  authority  to  cause  such  pipes  to  be 
installed  only  where  there  is  a  water  or  gas  main  or  a  sewer  in 
the  public  way  to  which  said  service  pipes  are  to  be  connected, 
and  only  when  such  authority  has  been  given  said  board  by  a 
special  ordinance  of  the  General  Council. 

§  4.  As  soon  as  may  be  practical  after  the  passage  of  this 
ordinance  the  Board  of  Public  Works  shall  enter  into  a  con- 
tract or  contracts,  in  the  manner  provided  by  law,  for  the  instal- 
lation of  such  sewer,  water  and  gas  service  pipes.  When  it  be- 
comes necessary  for  said  board  to  cause  any  such  service  pipes 
to  be  installed,  said  board  shall  notify  such  contractor  to  pro- 
ceed to  do  so,  such  notice  to  be  in  writing,  and  shall  state  the 
number  and  character  of  service  pipes  to  be  installed  to  each 
lot.  The  owner  of  each  lot  shall  be  allowed  ten  (10)  days  after 
the  installation  of  a  service  pipe  or  pipes  in  which  to  file  a  writ- 
ten objection  to  the  manner  in  which  such  pipe  or  pipes  were 
installed,  or  the  character  of  said  work.  If  no  such  objection 
be  filed  or  if  the  Board  of  Public  Works,  after  investigation  of 
any  such  objection,  be  of  opinion  that  such  installation  is  in 
accordance  with  the  contract  for  same,  then  said  board  shall 
issue  to  such  contractor  a  warrant  against  such  lot  for  the 
amount  apportioned  against  such  lot  for  such  installation. 

§  5.  To  protect  the  city  of  Louisville  against  any  loss  or 
damage  on  account  of  any  work  done  under  the  provisions  of 
this  ordinance,  any  person,  firm  or  corporation,  before  begin- 
ning such  work,  may  be  required  to  file  with  the  Board  of  Pub- 


502  PUBLIC  WAYS. 


lie  Works  an  acceptable  bond  in  such  amount  as  directed  by  said 
board,  not  to  axceed  the  sum  of  ten  thousand  ($10,000)  dollars, 
and  said  bond  must  be  renewed  from  time  to  time  as  said  board 
may  require. 

§  6.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage and  all  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed.     (Approved  August  6,  1914.) 


(2)   PUBLIC   WAYS— CONSTRUCTION   OR   REPAIR.* 
Excavations  to  Lay  Sewer  Mains,  Make  Repairs,  etc, 

AN  ORDINANCE  regulating  the  opening  of  streets,  sidewalks, 
alleys  or  highways  in  the  city  of  Louisville  for  the  purpose 
of  constructing  sewers,  mains,  conduits  or  other  structures 
in  or  under  the  surface  of  same.  ' 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  It  shall  be  unlawful  for  any  person,  firm  or  corporation, 
other  than  an  authorized  officer  or  employee  of  the  Board  of 
Public  Works,  to  make  any  opening,  cut  or  excavation  in  or 
under  the  surface  of  any  street,  alley,  sidewalk  or  highway  of 
the  city  of  Louisville  without  a  written  permit  from  the  Board 
of  Public  Works. 

§  2.  In  the  event  that  any  sewer,  main,  conduit  or  other 
structure  in  or  under  any  street,  alley,  sidewalk  or  highway 
shall  burst,  break  or  otherwise  be  in  such  a  condition  as  to 
seriously  endanger  person  or  property,  the  owner  of  such  sewer, 
main,  conduit  or  other  structure  shall  immediately  take  charge 
of  and  repair  such  trouble  and  shall  immediately  take  all 
necessary  precautions  to  make  said  location  safe  and  secure. 
Such  owner  shall  not,  however,  begin  making  any  permanent 
repairs  in  the  street,  alley,  sidewalk  or  highway  surface  or  pro- 
ceed with  any  further  opening  or  removal  of  any  further  por- 
tion of  such  surface  until  the  owner  shall  have  secured  a  written 
permit  from  the  Board  of  Public  Works  so  to  do.  Such  per- 
mit shall  be  secured  from  the  Board  of  Public  Works  within 
eighteen  (18)  hours  after  such  break  or  serious  trouble  shall 
have  developed  and  the  necessary  repairs  to  the  street,  alley, 
sidewalk  or  highway  shall  be  made  as  directed  by  the  Board  of 
Public  Works  as  soon  as  possible  after  the  receipt  of  the  per- 


*See  Sec.  2833  Ky.  St. 


PUBLIC  WAYS.  503 


mit.  Within  five  (5)  days  after  the  repairs  to  the  street,  alley, 
sidewalk  or  highway  surface  shall  have  been  completed,  such 
person,  firm  or  corporation  shall  file  a  written  report  of  the 
same  with  the  Board  of  Public  Works  on  a  form  to  be  prescribed 
by  said  board. 

§  3.  Upon  notice  being  given  by  publication  in  the  news- 
papers doing  the  official  advertising,  of  the  intention  of  the 
city  to  construct  or  reconstruct  any  portion  of  any  street,  alley, 
sidewalk  or  highway  in  the  city  of  Louisville,  it  shall  be  the 
duty  of  all  persons,  firms  or  corporations  to  lay  and  construct 
their  or  its  sewer  mains,  conduits  or  other  structures,  including 
house  connections,  in  or  under  said  street,  alley,  sidewalk  or 
highway  within  the  time  hereinafter  allowed.  If  the  street, 
alley,  sidewalk  or  highway  is  to  be  originally  constructed  the 
installation  of  such  structures  shall  be  completed  within  thirty 
(30)  days  after  the  completion  of  the  grading  by  the  city  or 
those  working  under  its  authority.  If  the  street,  alley,  side- 
walk or  highway  is  to  be  reconstructed  such  installation  shall 
be  completed  within  thirty  (30)  days  from  the  date  of  the  first 
publication  of  such  notice.  Within  five  (5)  years  after  the  date 
of  completion  *of  any  street,  alley,  sidewalk  or  highway  con- 
structed or  reconstructed  after  the  passage  of  this  ordinance, 
no  permit  shall  be  issued  to  open  or  excavate  in  or  under  the 
surface  of  such  street,  alley,  sidewalk  or  highway  except  where, 
in  the  opinion  of  the  Board  of  Public  Works,  an  emergency  may 
exist  of  such  nature  as  to  make  the  issuance  of  such  permit 
absolutely  necessary. 

§  4.  When  any  person,  firm  or  corporation  desires  to  make 
an  opening  or  excavation  in  or  under  the  surface  of  any  street, 
alley,  sidewalk  or  highway,  such  person,  firm  or  corporation 
shall  make  written  application,  on  form  to  be  prescribed  by  the 
Board  of  Public  Works,  for  a  permit  to  do  such  work.  After  the 
issuance  of  such  permit  the  work  allowed  thereby  shall  be  done 
within  the  time  fixed  by  said  permit  and  the  surface  of  the 
street,  alley,  sidewalk  or  highway  shall  be  restored  to  as  good 
condition  as  it  was  before  such  opening  or  excavation  was  made. 
Any  deficiency  in  materials  shall  be  made  good  with  new  ma- 
terials by  the  party  making  the  cut  or  excavation.     After  the 


504  PUBLIC  WAYS. 


completion  of  the  work  allowed  by  such  permit  the  person,  firm 
or  corporation  to  whom  the  permit  was  issued  shall  within  five 
days  report  in  writing  to  the  Board  of  Public  Works,  on  form 
prescribed  by  said  board,  the  fact  that  such  work  has  been  com- 
pleted. The  person,  firm  or  corporation  to  whom  the  permit 
was  issued  shall  maintain  the  condition  of  the  surface  over  such 
opening  or  excavation  for  five  years  in  as  good  condition  as  the 
remainder  of  such  street,  alley,  sidewalk  or  highway  and  shall 
repair  or  reconstruct  the  same  as  often  as  may  be  necessary. 
Should  such  person,  firm  or  corporation  fail  to  maintain,  repair 
or  reconstruct  any  such  surface  within  ten  days  after  notice 
from  the  Board  of  Public  Works,  said  board  may  have  such 
surface  repaired  or  reconstructed  and  charge  the  cost  of  same 
to  the  person,  firm  or  corporation  responsible  therefor.  Sach 
person,  firm  or  corporation  shall  indemnify  and  save  harmless 
the  city  of  Louisville  against  any  claim  for  damages  by  reason 
of  any  defective  condition  of  any  such  street,  alley,  sidewalk  or 
highway  surface,  due  to  such  construction  or  by  reason  of  any 
work  so  done  of  whatever  nature. 

§  5.  To  protect  the  city  of  Louisville  against  any  loss  or 
damage  on  account  of  any  opening  or  excavation  in  or  under 
the  surface  of  any  street,  alley,  sidewalk  or  highway,  each  per- 
son, firm  or  corporation  before  doing  any  work  in  the  streets, 
alleys,  sidewalks  or  highways  shall  file  with  the  Board  of  Public 
Works  an  acceptable  bond  of  such  amount  as  directed  by  the 
Board  of  Public  Works,  not  to  exceed  $10,000.  Such  bond  shall 
be  renewed  annually  within  the  first  ten  days  of  January  of 
each  year. 

§  6.  Any  permit  issued  as  herein  prescribed  shall  in  no  wise 
be  construed  as  affecting  or  recognizing  the  validity  of  any  exist- 
ing grants,  franchises  or  permits  or  of  any  such  rights  alleged 
to  exist,  unless  specially  stated  therein. 

§  7.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  subject  to  a  fine  of  $25,00 
for  each  offense.  Each  square  yard  or  fraction  thereof  of  sur- 
face so  removed  and  each  twenty-four  (24)  hours  that  any  vio- 
lation shall  continue  shall  be  deemed  a  separate  offense. 

§  8.  This  ordinance  shall  take  effect  from  and  after  its  pub- 
lication and  all  ordinances  in  conflict  herewith  are  hereby  re- 
pealed.    (Approved  March  22,  1911.) 

(See  also  Underground  Wires.) 


PUBLIC  WAYS.  505 


(3)   PUBLIC  WAYS— CONSTRUCTION  OR  REPAIR. 

"Rattier"  Test  for  Bricks  Used  for. 

AN  ORDINANCE  providing  the  method  of  conducting  the 
Rattler  Test  for  vitrified  brick  used  in  paving  streets  and 
alleys  in  the  city  of  Louisville. 

Be  it  orduined  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  Board  of  Public  Works  is  hereby  authorized 
and  directed  to  subject  all  vitrified  brick  to  be  hereafter  used 
for  paving  streets  and  alleys  in  the  city  of  Louisville  to  the  fol- 
lowing test,  known  as  the  "Rattler  Test." 

§  2.  Dimensions  of  Machine.  The  standard  machine  shall 
be  28  inches  in  diameter  and  20  inches  in  length,  measured  in- 
side the  rattling  chamber. 

§  3.  Construction  of  Machine.  The  machine  shall  be  of 
good  mechanical  construction,  self-contained,  without  a  central 
shaft,  and  shall  consist  of  barrel,  or  rattling  chamber,  support- 
ing frame,  and  driving  mechanism. 

The  barrel  of  the  machine  shall  be  made  up  of  heads,  head- 
liners  and  staves.  The  heads  shall  be  cast  with  trunions  in  one 
piece.  The  trunion  bearings  shall  be  not  less  than  21/2  inches 
in  diameter  or  less  than  6  inches  in  length. 

The  heads  shall  be  not  less  than  three-fourths  (%.)  of  an 
inch  thick  nor  more  than  seven-eighths  (%)  of  an  inch  thick, 
and  in  outline  shall  be  a  regular  fourteen-sided  polygon  inscribed 
in  a  circle  twenty-eight  and  three-eighths  inches  in   diameter. 

There  shall  be  for  each  head  a  cast  iron  headliner  or  wearing 
plate  one  (1)  inch  thick  and  conforming  to  the  outline  of  the 
head,  but  inscribed  in  a  circle  twenty-eight  and  one-eighth  inches 
in  diameter.  These  headliners  or  wearing  plates  shall  be  at- 
tached to  the  heads  from  the  outside  by  cap  screws,  and  shall 
be  replaced  with  new  ones  whenever  worn  down  one-half  (^) 
inch  below  their  initial  surface  level  at  any  point  of  the  surface. 
The  metal  of  which  these  wearing  plates  are  to  be  composed 
shall  be  of  what  is  known  as  hard  machinery  iron,  and  must 
contain  not  less  than  one  (1)  per  cent  of  combined  carbon. 

The  staves  shall  be  made  of  six  (6)  inch  medium  steel  struc- 
tural channels,  twenty-seven  and  one-fourth  inches  long  and 
weighing  fifteen  and  one-half  pounds  per  lineal  foot.    The  spaces 


506  PUBLIC  WAYS. 


between  the  staves  will  be  determined  by  the  accuracy  of  the 
heads,  but  must  not  exceed  five-sixteenths  of  an  inch. 

The  interior  side  of  the  channels  must  be  protected  by  lining 
or  wear  plates  three-eighths  of  an  inch  thick  by  five  and  one- 
half  inches  wide  by  nineteen  and  three-fourths  inches  long. 
These  wear  plates  shall  consist  of  medium  steel  plate  and  shall 
be  securely  riveted  to  the  channels  of  countersunk  rivets. 

The  barrel  or  rattling  chamber  shall  be  mounted  on  a  cast 
iron  frame  of  sufficient  strength  and  rigidity  to  support  same 
without  undue  vibration. 

The  rattling  machine  to  be  driven  by  a  driving  mechanism 
so  regulated  as  to  give  the  required  number  of  revolutions  per 
minute  and  capable  of  maintaining  a  uniform  speed  with  the 
rattling  chamber  empty  or  charged. 

§  4.  The  Abrasive  Charge.  The  abrasive  charge  shall  con- 
sist of  two  sizes  of  cast  iron  spheres.  The  larger  size  shall  be 
three  and  three-quarters  inches  in  diameter  and  shall  weigh, 
when  new,  approximately  seven  and  one-half  pounds.  Ten  of 
this  size  shall  be  used  to  the  charge.  When  the  weight  of  any 
one  of  this  size  of  spheres  falls  below  seven  pounds,  it  shall  be 
discarded  and  a  new  one  substituted :  provided,  that  all  the  larger 
shot,  or  spheres,  shall  not  be  discarded  and  substituted  by  new 
ones  at  a  single  time,  and  that  so  far  as  possible  the  large  shots 
shall  compose  a  graduated  series  in  various  stages  of  wear. 

The  smaller  size  spheres  shall  be  one  and  seven-eighths  inches 
in  diameter  and  shall  weigh,  when  new,  not  to  exceed  ninety- 
five  one-hundredths  of  a  pound  each.  Of  the  smaller  size  spheres 
so  many  shall  be  used  as  will  bring  the  collective  weight  of  the 
large  and  small  spheres  most  nearly  to  three  hundred  pounds. 
The  smaller  size  spheres  shall  be  discarded  and  replaced  with 
new  ones  when  the  weight  of  the  sphere  has  been  reduced  to 
less  than  three-fourths  of  a  pound  each:  provided,  that  all  the 
smaller  shot  shall  not  be  discarded  and  substituted  by  new  ones 
at  any  single  time,  and  that  so  far  as  possible  the  smaller  shot 
shall  compose  a  graduated  series  in  various  stages  of  wear. 

The  iron  composing  these  spheres  shall  have  a  chemical  com- 
position within  the  following  limits : 

Combined  Carbon,  not  less  than  2.50  per  cent.  Graphite 
Carbon,  not  more  than  0.10  per  cent.  Silicon,  not  more  than 
1.00  per  cent.    Manganese,  not  more  than  0.50  per  cent.    Phos- 


PUBLIC  WAYS.  507 


phorus,  not  more  than  0.25  per  cent.  Sulphur,  not  more  than 
0.08  per  cent.  All  spheres  whose  chemical  analysis  does  not 
meet  with  these  requirements  will  be  rejected. 

§  5.  The  Test.  The  rattler  shall  be  rotated  at  the  rate  of 
not  less  than  291/2  nor  more  than  30 14  revolutions  per  minute, 
and  1,800  revolutions  shall  constitute  the  standard  test.  The 
revolutions  shall  be  counted  with  the  aid  of  an  automatic  count- 
ing device  attached  to  the  machine.  A  margin  or  not  to  exceed 
10  revolutions  will  be  allowed  for  stopping  the  machine  after  the 
test  has  been  completed.  The  vitrified  bricks  composing  the 
charge  shall  be  thoroughly  dried  before  making  the  test,  and 
shall  be  taken  from  such  stock  on  hand  along  the  line  of  work 
intended  for  construction  or  repairs,  and  never  from  a  sample 
lot. 

Ten  paving  brick  shall  constitute  the  number  to  be  used  in  a 
single  test.  In  selecting  the  brick  to  be  used  for  the  test,  brick 
of  uniform  size,  shape  and  appearance  shall  be  selected. 

Brick  liable  to  rejection  for  other  defects  shall  not  be  used 
for  the  "Rattler  test." 

§  6.  The  Results.  The  loss  from  abrasion  shall  be  calcu- 
lated in  percentage  of  the  original  weight  of  the  dried  vitrified 
brick  composing  the  charge.  In  weighing  the  rattled  brick,  any 
piece  weighing  less  than  one  (1)   pound  shall  be  rejected. 

The  limit  of  loss  in  the  above  rattle  test  is  hereby  established 
at  twenty-one  (21)  per  cent  of  the  original  weight  of  the  vitri- 
fied brick  comprising  the  charge. 

§  7.  All  ordinances  or  parts  of  ordinances  in  conflict  herewith 
are  hereby  repealed. 

§  8.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage and  publication.     (Approved  December  6,  1912.) 


(4)  PUBLIC  WAYS— CONSTRUCTION  OR  REPAIR. 

Sidewalks — Notification  to  Owners  before  Reconstruction. 

AN  ORDINANCE   to   require  the  Board  of  Public  Works  to 
notify  owners  before  reconstructing  sidewalks. 

Be  it  ordained  by  the  Gene^^al  Council  of  the  city  of  Louisville: 

§  1.     It  shall  be  the  duty  of  the  Board  of  Public  Works,  ten 
days  before  recommending  to  the  General  Council  any  ordinance 


508  PUBLIC  WAYS. 


for  the  reconstruction  of  any  sidewalk  within  the  city  of  Louis- 
ville, to  send  through  the  mails  notice  of  said  ordinance  to  the 
owner  or  agent  of  every  lot  abutting  on  such  sidewalk,  whose 
name  may  appear  on  the  books  of  the  City  Assessor  as  the  owner 
of  said  property. 

§  2.  The  failure  of  the  owner  or  agent  to  receive  said  notice 
shall  in  no  way  invalidate  any  ordinance  passed  by  the  General 
Council  or  any  contract  entered  into  by  the  Board  of  Public 
Works,  for  the  reconstruction  of  sidewalks,  nor  in  any  way 
affect  the  liability  of  any  such  owner  to  pay  his  proportionate 
part  of  the  cost  of  such  reconstruction. 

§  3.     This  ordinance  shall  take  effect  from  its  passage. 

(Approved  March  14,  1907.) 


(5)  PUBLIC  WAYS— CONSTRUCTION  OR  REPAIR. 

Repairing  of  Sidewalks  by  Owners  of  Abutting  Property. 

AN  ORDINANCE  providing  for  the  repairing  of  sidewalks  in 
the  city  of  Louisville  by  the  owners  of  abutting  property 
and  providing  a  penalty  for  failure  to  do  so. 

Whereas,  There  are  in  many  sidewalks,  and  parts  of  side- 
walks, in  the  city  of  Louisville,  holes,  defective  material  and 
other  minor  defects,  while  the  major  part  of  the  sidewalk  is  in 
good  condition,  and 

Whereas,    it   is   desirable   to   save  the   property   owners   the 
greater  costs  of  reconstruction,  therefore 
Be  it  ordained  by  the  General  Council  of  the  city  of,  Louisville: 

§  1.  That  the  owners  of  property  abutting  on  sidewalks  in 
the  city  of  Louisville,  be  and  they  are  hereby  required  to  repair 
that  part  of  the  sidewalk  adjoining  property  respectively  be- 
longing to  them  at  their  own  expense  by  filling  and  repairing 
any  holes,  uneven  surface  and  other  defective  places  therein,  by 
using  therefor  material  as  nearly  similar  as  possible  to  that  of 
which  said  sidewalks  is  constructed,  within  ten  days  after  re- 
ceiving notice  in  writing  from  the  Board  of  Public  Works  so 
to  do. 

§  2.  That  it  shall  be  the  duty  of  the  Board  of  Public  Works, 
as  soon  as  it  ascertains  the  existence  of  holes  and  other  defects 
in  the  sidewalks  of  the  city  of  Louisville,  to  forthwith  notify,  in 


PUBUC  WAYS.  509 


writing,  the  owner  or  owners  of  the  property  abutting  upon  that 
part  of  the  sidewalk  which  is  found  to  be  so  defective,  to  repair 
same  at  their  own  expense,  within  a  period  of  ten  days  after  the 
delivery  of  said  notice. 

§  3.  That  any  owner  or  owners  of  property  who  shall  fail 
to  repair  such  defective  sidewalks  within  ten  days  after  receiving 
said  notice  shall  be  guilty  of  violation  of  this  ordinance,  unless 
the  said  period  be  extended  by  an  order  of  the  Board  of  Public 
Works,  and  shall  be  fined  not  less  than  one  dollar  ($1)  nor  more 
than  five  dollars  ($5)  for  each  day  that  said  work  remains  un- 
done, after  the  said  period  fixed  by  the  said  notice. 

§  4.  That  this  ordinance  shall  in  no  wise  waive  or  affect  the 
right  of  the  city  of  Louisville  or  the  Board  of  Public  Works  to 
order  the  reconstruction  of  any  such  sidewalk  if  it  be  found 
proper  to  do  so. 

§  5.  This  ordinance  shall  take  effect  ten  days  from  and  after 
its  passage  and  publication.     (Approved  May  5,  1910.) 


(6)  PUBLIC  WAYS— USE  AND  PROTECTION. 

Parking  Regulated. 

AN  ORDINANCE  to  regulate  the  standing  or  parking  of  ve- 
hicles in  the  city  of  Louisville,  Kentucky,  and  providing  pun- 
ishment for  violations  thereof. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  PARKING  DEFINED.  The  term  "parking"  as  herein 
used  means  the  standing  of  vehicles,  whether  horse-drawn  or 
motor-driven,  or  propelled  in  any  other  manner,  longer  than  may 
be  necessary  to  receive  and  discharge  passengers,  merchandise 
or  other  articles. 

§  2.  DEFINITION  TAXICAB.  The  term  "taxicab"  as  used 
herein  shall  embrace  all  automobiles  and  other  vehicles  of  like 
constructions  and  operation,  employed  in  the  carriage  of  passen- 
gers for  hire  within  the  city  of  Louisville. 

§  3.  PARKING  ON  FOURTH,  LIBERTY,  WALNUT  AND 
GUTHRIE  STREETS.  Except  as  hereinafter  provided,  it  shall 
be  unlawful  for  any  person  to  leave  hitched  or  standing,  or  to 
cause  or  permit  to  be  left  hitched  and  standing,  any  animal  used 


510  PUBLIC  WAYS. 


for  riding  or  driving,  or  to  park,  or  cause  to  be  parked,  any 
character  of  vehicle  described  in  Section  1  hereof,  and  not  oper- 
ated for  hire,  upon  any  of  the  following  named  streets,  or  por- 
tions of  street,  of  the  city  of  Louisville,  between  the  hours  of  9 
o'clock  a.  m.  and  6:30  p.  m.  of  any  day,  for  a  longer  period  than 
sixty  (60)  minutes,  to-wit: 

Fourth  avenue,  between  Main  street  and  Broadway. 

Walnut  and  Liberty  streets,  between  Third  street  and  Fifth 
streets. 

North  side  of  Guthrie  street,  from  Third  street  to  Fourth 
street. 

§4.  PUBLIC  BUILDINGS  AND  PLACES  OF  PUBLIC 
ASSEMBLY.  No  vehicle  of  any  character  described  herein,  ex- 
cept when  in  the  act  of  receiving  or  discharging  passengers,  shall 
be  left  standing  in  any  street  within  twenty-five  (25)  feet  of  a 
point  on  the  curb  immediately  in  front  of  the  center  of  the  en- 
trance to  any  hospital,  theatre,  church,  school,  or  hotel,  office 
building,  or  any  building  used  for  public  assembly  (while  such 
building  is  being  so  used)  or  in  front  of  any  exits  facing  alleys 
from  any  such  buildings,  or  in  such  alleys  so  as  to  obstruct 
passage  to  or  from  the  exit  upon  such  alley.  In  the  vicinity  of 
all  such  buildings  vehicles  shall  stand  or  move  as  directed  by 
members  of  the  Police  Department. 

§  5.  VEHICLES  FOR  HIRE.  Except  as  hereinafter  pro- 
vided for,  no  public  hack,  taxicab,  or  other  automobile  or  ve- 
hicle, carrying  passengers  for  hire,  shall  be  permitted  to  park  or 
stand  at  any  hour  of  the  day  or  night  for  a  longer  time  than  is 
actually  necessary  to  receive  or  discharge  passengers  on  those 
portions  of  the  streets  of  Louisville  described  as  follows,  to-wit: 
Fourth  street,  from  Main  street  to  Broadway. 
Walnut   and    Liberty   streets,    from    Third   street   to   Fifth 

street. 

The  north  side  of  Guthrie  street  from  Third  street  to  Fourth 

street. 

§  6.     PARKING  IN  FRONT  OF  RAILROAD  AND  OTHER 

STATIONS.    No  vehicle  or  animal  of  any  character  as  described 

herein  shall  be  left  standing  or  parked  in  any  street  in  front 

of  the  entrance  side  of  any  railroad  station,  interurban  station, 

or  street  car  station,  in  the  city  of  Louisville,  for  a  period  longer 


PUBLIC  WAYS.  5 1 1 


than  may  be  necessary  to  receive  or  discharge  passengers  and 
articles  of  transportation. 

§  7.  PARKING  NEAR  FIRE  HYDRANT.  It  shall  be  un- 
lawful to  cause  or  permit  any  animal  or  vehicle  of  any  character 
described  herein  to  stand  or  to  be  parked  on  any  street  or  alley 
of  the  city  of  Louisville  within  twenty  (20)  feet  of  any  fire 
hydrant  longer  than  may  be  necessary  to  receivve  or  discharge 
passengers  or  freight. 

§8.  NON-PARKING  PLACES.  The  Chief  of  Police  with 
the  approval  of  the  Board  of  Public  Safety  and  to  the  extent  that 
such  action  may  appear  necessary  or  desirable  and  may  not  con- 
flict with  the  provisions  of  this  or  any  other  ordinance  or  law  is 
hereby  given  the  right  to  establish  on  the  streets  of  the  city  of 
Louisville  places  or  zones  within  which  the  parking  of  vehicles 
shall  not  be  permitted,  and  such  non-parking  places  shall  be,  by 
said  Police  Department,  properly  indicated  or  designated  so  that 
proper  notice  thereof  shall  be  given  to  the  public. 

§9.  PARKING  PLACES  FOR  TAXICABS  AND  VE- 
HICLES FOR  HIRE.  The  Chief  of  Police  with  the  approval 
of  the  Board  of  Public  Safety  is  hereby  authorized  to  designate 
in  any  street  or  streets  of  the  city  of  Louisville  parking  places 
where  there  may  be  regularly  parked  taxicabs  and  other  ve- 
hicles employed  in  carrying  passengers  for  hire,  which  parking 
places  shall  be  plainly  indicated  by  printed  notices  posted 
thereat.  Among  the  parking  places  so  designated,  one  shall  be 
located  on  Walnut  street,  between  Third  and  Fifth  streets,  and 
one  on  Fourth  street,  between  Walnut  and  Chestnut  streets,  each 
of  which  two  places  shall  be  capable  of  accommodating  at  least 
two  vehicles. 

§  10.  METHOD  OF  PARKING.  Persons  parking  any  ve- 
hicle on  the  streets  of  the  city  of  Louisville  shall  be  required  to 
keep  the  same  with  the  right-hand  side  toward  the  curb  line  and 
within  one  foot  thereof  and,  except  as  otherwise  provided  herein, 
shall  keep  the  same  parallel  to  curb. 

Motor  vehicles  may  be  parked  at  any  angle  to  the  curb  and 
with  the  front  end  toward  the  curb  and  in  the  direction  of  traffic ; 
provided,  in  doing  so  on  streets  where  there  are  no  street  car 
tracks,  there  shall  be  left  between  the  rear  end  of  any  such 
vehicle  and  the  center  line  of  the  street  sufficient  space  for  the 


512  PUBLIC  WAYS. 


safe  passage  of  other  vehicles  of  like  character;  and,  provided, 
that  where  there  are  street  car  tracks  there  shall  be  left  between 
the  rear  end  of  any  such  vehicle  and  such  tracks  sufficient  space 
for  the  passage  of  other  like  vehicles.  Provided,  that  on  both 
sides  of  Main  street,  from  Second  street  to  Sixth  street,  on  both 
sides  of  Market  street,  from  Second  street  to  Sixth  street,  on  both 
sides  of  Jefferson  street  from  Second  street  to  Sixth  street,  motor 
vehicles  which  are  parked  must  stand  at  an  angle  to  the  curb  line 
of  not  less  than  forty-five  degrees  and  not  more  than  sixty  de- 
grees, and  with  the  fronts  thereof  within  one  foot  of  the  curb 
line,  if  such  vehicle  can  be  parked  at  said  angle  so  as  to  leave  a 
sufficient  space  between  the  rear  of  such  vehicle  and  the  street 
car  tracks  to  permit  the  safe  passage  of  like  vehicles. 

§  11.  UNIFORM  CAPS  OF  TAXI  DRIVERS.  Drivers  or 
chauffeurs  of  any  taxicabs,  automobiles,  and  other  motor  ve- 
hicles carrying  passengers  for  hire,  shall  wear  a  uniform  cap 
with  the  words  "Licensed  Taxi"  appearing  on  the  front  thereof. 

§12.  DRIVERS  AND  SOLICITORS  MUST  NOT  CON- 
GREGATE, Drivers  of  vehicles  and  solicitors  for  vehicles  oper- 
ated for  hire  must  not  congregate  in  crowds  away  from  their 
vehicles,  nor  shall  any  driver  or  any  solicitor  for  any  such  ve- 
hicle solicit  business  in  a  loud  or  offensive  tone  nor  at  a  greater 
distance  than  fifteen  (15)  feet  from  his  vehicle. 

§  13.  PENALTIES.  Any  person,  firm  or  corporation  violat- 
ing any  provision  of  this  ordinance  shall  be  fined  a  sum  not  less 
than  five  ($5)  dollars  nor  more  than  fifty  ($50)  dollars. 

§  14.  REPEAL.  All  ordinances,  or  parts  of  ordinances,  in 
conflict  herewith  are  hereby  repealed. 

§  15.  ORDINANCE  EFFECTIVE.  This  ordinance  shall 
take  effect  from  and  after  its  passage.  {Approved  August  16, 
1918.) 


(7)    PUBLIC  WAYS— USE   AND  PROTECTION. 
Regulation  of  Hacks  and  Other  Public  Vehicles. 

AN  ORDINANCE  concerning  coaches,  cabs,  carriages,  coupes, 
or  hacks,  prescribing  the  duties,  conduct,  etc.,  of  owners  and 
drivers  thereof,  enforcing  observance  of  said  duties,  and 
fixing  the  charges  for  transporting  passengers  and  their 
baggage. 

Be  it  ordmnecJ  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  coaches,  cabs,  carriages,  coupes,  or  hacks,  used  for 

the  conveyance  of  persons  within  the  city  of  Louisville  for  hire 


PUBLIC  WAYS.  513 


or  compensation,  shall  be  deemed  hackney  carriages  or  hacks, 
and  so  called. 

§  2.  It  shall  be  the  duty  of  the  secretary  and  treasurer  of 
the  Sinking  Fund  to  furnish  any  applicant  whom  he  may  deem 
entitled  to  same  with  a  printed  copy  in  substance  of  Sections  3, 
4,  5,  9,  10,  11,  and  12  of  this  ordinance;  also,  if  the  owner  of 
a  licensed  hack,  with  a  copy  of  the  license,  and  attached  thereto 
a  printed  statement  of  the  rate  of  charges  for  transporting  pas- 
sengers and  their  baggage  allowed  by  this  ordinance. 

§  3.  Every  hack,  when  driven  or  used,  shall  have  fixed  upon 
some  conspicuous  part  of  the  outside  thereof  two  lamps,  with 
plain  glass  fronts  and  sides,  with  the  number  of  the  hack  painted 
on  each  of  said  glass  fronts  and  sides  with  black  paint,  in  legible 
figures  at  least  two  inches  in  length,  and  with  no  other  figure 
or  device,  so  that  the  same  may  be  distinctly  seen  and  known 
when  the  hack  may  be  standing  or  driven ;  the  said  lamps  to  be 
lighted  and  kept  lighted  at  night,  and  the  owner  or  driver  of 
every  hack  which  shall  be  driven  or  used  without  complying  with 
the  foregoing  provisions  shall  each  or  either  be  fined  severally 
and  respectively  $10  for  each  and  every  offense. 

§  4.  He  shall  place  and  keep  in  a  conspicuous  position,  in  the 
interior  of  such  hack,  a  legibly  printed  card  containing  in  sub- 
stance the  provisions  of  Sections  3,  4,  5,  9,  10,  11  and  12  of 
this' ordinance,  the  name  and  residence  of  the  owner,  a  printed 
and  legible  copy  of  the  rates  and  charges  authorized  by  this 
ordinance,  and  attached  thereto  a  copy  of  his  hack  license,  in  a 
legible  condition,  so  that  the  name  and  residence  of  the  owner, 
the  copy  of  his  license  and  copy  of  the  rates  of  charges,  and 
the  printed  substance  of  the  aforesaid  sections  of  this  ordi- 
nance, may  be  conveniently  seen  and  read  in  the  day  time  by 
any  person  capable  of  reading  who  may  be  a  passenger  in  such 
hack.  And  no  person  so  obtaining  hack  license  shall  permit  any 
other  person  to  drive  said  hack  than  a  hack  driver,  at  the  time 
regularly  licensed  as  such,  as  provided  by  Section  8  of  this 
ordinance,  under  penalty  of  a  fine  of  from  one  ($1)  dollar  to 
five  ($5)  dollars  for  each  day  or  night,  or  part  of  a  day  or  night 
he  shall  so  permit.  But  the  person  to  whom  a  hack  license  is 
granted  may  himself  drive  that  hack  without  obtaining  a  hack 
driver's  license  himself. 


514  PUBLIC  WAYS. 


§  5.  Every  owner  or  driver  of  a  licensed  hack,  whenever  he 
shall  drive  such  vehicle,  or  be  with  it  waiting  for  employment 
at  any  place  in  the  city,  shall  wear  exposed  on  the  left  lapel  of 
his  coat  a  white  metal  badge,  as  near  as  may  be  of  the  dimen- 
sions of  a  silver  half  dollar,  with  the  words  "Licensed  hack," 
and  the  number  of  the  hack  placed  thereon  in  plain  black  letters 
and  numerals  sufficiently  large  to  be  easily  distinguished;  said 
badges  shall  be  prepared  and  furnished  by  the  Commissioners 
of  the  Sinking  Fund. 

No  owner  of  a  hack  shall  permit  his  driver  to  drive  or  be  with 
any  vehicle,  waiting  for  employment,  without  wearing  the  badge 
as  prescribed  herein. 

No  person  except  the  licensed  owner,  or  driver  employed  by 
him,  shall  wear  the  badge  of  such  owner,  or  any  badge  pur- 
porting to  be  or  in  imitation  of  same ;  provided,  that  such  badge 
need  not  be  worn  in  the  cases  of  livery  corporations  and  other 
carriage  associations  when  their  driver  is  clothed  in  a  full  uni- 
form or  livery;  the  same  in  the  case  of  each  carriage  company 
to  be  approved  by  and  registered  with  the  Board  of  Public 
Safety. 

For  any  violation  of  any  provision  of  this  section  the  offender 
shall  be  fined  not  less  than  ($5)  offenders  nor  more  than  ten 
($10)   dollars  for  each  offense. 

§  6.  Every  owner  or  driver  of  a  licensed  hack,  who  shall  re- 
fuse or  neglect  to  convey  any  person,  with  or  without  baggage, 
to  any  place  in  the  city  limits,  when  applied  to  for  that  purpose, 
or  shall  ask,  demand,  take,  or  extort  any  higher  or  greater  price, 
rate  or  charge  than  is  herein  established,  or  who  shall  neglect  to 
place  and  keep  the  legibly  printed  card  containing  the  name  and 
residence  of  the  owner,  the  copy  of  his  license  and  rates  of 
charge  inside  of  the  hack,  as  prescribed  in  Section  3,  or  who  shall 
refuse  or  omit,  when  requested,  truly  to  inform  any  person  as 
to  whether  the  hack  is  or  is  not  engaged,  or  of  the  true  number 
of  the  hack,  the  name  and  place  of  abode  of  the  owner,  or  the 
correct  amount  of  the  rate  of  fare  authorized  to  be  charged  for 
the  use  of  it  by  this  ordinance,  or  who  shall  wilfully  mislead 
or  misconvey  any  person,  or  wilfully  neglect  or  refuse  to  convey 
any  person  by  the  most  direct  route  to  his  or  her  place  of 
destination    in    the    city,    or    insult    by    abusive,    indecent,  or 


PUBLIC  WAYS.  515 


opprobious  language,  any  person  or  passenger  whom  he  shall 
have  or  shall  have  had  in  his  care,  or  who  may  apply  to  him  for 
conveyance  in  the  hack  of  which  he  is  owner  or  driver,  shall,  for 
every  such  offense,  be  fined  from  two  ($2)  to  twenty  ($20)  dol- 
lars, to  be  recovered  from  the  owner  or  driver  severally  and  re- 
spectively. 

§  7.  Any  hack  driver,  while  waiting  for  employment  on  any 
stand  or  elsewhere,  who  shall  snap  or  flourish  his  whip,  or  who 
shall  unnecessarily  leave  such  vehicle,  or  who  shall  use  indecent 
or  profane  language,  or  be  guilty  of  boisterous  talking  or 
hallooing  or  other  disorderly  conduct,  or  vex  or  annoy  any  trav- 
elers, citizens,  or  passersby,  or  in  any  manner  obstruct  any  cross- 
ing or  sidewalks,  shall  be  fined  from  two  ($2)  to  ten  ($10)  dol- 
lars for  each  offense. 

§  8.  No  person  except  as  provided  in  Section  3  shall  drive 
any  licensed  hack  without  being  thereto  at  the  time  duly  licensed 
to  drive,  as  hereinafter  provided,  under  penalty  of  a  fine  of 
from  one  ($1)  to  five  ($5)  dollars  for  each  offense.  Any  ap- 
plicant considered  suitable  by  the  secretary  and  treasurer  of 
the  Sinking  Fund  to  be  licensed  as  a  hack  driver  may  obtain  such 
license  without  cost;  and  it  shall  be  the  duty  of  the  secretary 
and  treasurer  of  the  Sinking  Fund  to  issue  such  applicant  a 
license  to  drive,  stating  the  name,  age,  and  residence  of  the  per- 
son to  whom  the  license  is  granted,  the  date  of  the  license,  and 
the  time  for  which  it  is  granted,  which  shall  be  for  one  year 
from  the  date  thereof,  and  no  longer,  and  upon  the  issuing  of  the 
license  it  shall  be  the  duty  of  the  secretary  and  treasurer  of  the 
Sinking  Fund  to  cause  the  same  to  be  registered. 

§  9.  No  owner  or  driver  shall  demand  or  receive  any  pay 
for  the  conveyance  of  any  passenger,  or  baggage,  unless  the 
legibly  printed  copy,  in  substance,  of  Sections  3,  4,  5,  9,  10,  11 
and  12  of  this  ordinance,  the  name  and  residence  of  the  owner, 
the  copy  of  the  hack  license,  and  attached  thereto,  the  rates  and 
prices  of  fare,  as  allowed  by  this  ordinance,  shall  be  fixed  in  the 
hack  in  the  manner  and  as  directed  by  the  third  section  of  this 
ordinance,  at  the  time  such  passenger  may  be  conveyed  in  such 
hack,  nor  if  the  owner  or  dirver  shall  have  demanded  any  greater 
price  or  rate  of  pay  than  he  may  be  legally  authorized  to  demand 
and  receive. 


516  PUBLIC  WAYS. 


§  10.  No  owner  or  driver  of  any  licensed  hack  while  on  any 
of  the  stands  now  established  or  which  may  be  hereafter  estab- 
lished, or  at  any  steamboat  or  other  landing,  or  while  waiting 
for  employment  at  any  other  place  in  the  city  than  the  stable 
or  residence  of  the  owner  or  driver  thereof,  shall  refuse  or  neg- 
lect to  convey  any  person  or  persons  to  any  place  or  places  in 
the  city,  on  being  applied  to  for  that  purpose;  and,  on  the  person 
or  persons  being  placed  in  such  hack,  the  driver  shall  at  once 
proceed  to  convey  such  passenger  or  passengers  to  such  place  or 
places  within  the  city  limits  as  he,  she  or  they  may  desire  or  re- 
quest; nor  shall  the  owner  or  driver  place  or  permit  any  other 
person  or  persons  in  such  hack  without  first  requesting  and 
obtaining  the  express  consent  of  the  person  or  persons  therein, 
or  of  the  person  or  persons  who  first  engaged  to  call  upon  him, 
under  a  penalty  of  a  fine  or  ten  ($10)  dollars  for  each  and  every 
refusal,  neglect  or  offense,  besides  of  a  forfeiture  of  all  right  to 
demand  or  receive  any  pay  from  any  of  the  passengers. 

§  11.  The  following  rates  and  prices  of  fare  for  the  use  of 
hacks  are  hereby  established :  For  transportation  of  passengers 
any  distance  in  the  city,  not  exceeding  fourteen  squares,  not 
more  than  fifty  cents;  any  distance  in  the  city  exceeding  four- 
teen squares,  but  not  exceeding  twenty  squares,  for  one  passen- 
ger, not  more  than  seventy-five  cents,  and  not  more  than  fifty 
cents  for  each  additional  passenger ;  any  distance  in  the  city  ex- 
ceeding twenty  squares,  for  one  passenger,  not  more  than  one 
dollar,  and  not  more  than  seventy-five  cents  for  each  additional 
passenger.  In  any  of  the  foregoing  cases,  if  the  hack  should  not 
have  been  employed  by  the  hour,  yet  should  be  used  or  detained 
for  an  hour  or  more,  the  charge  therefor  may,  at  the  option  of 
the  driver,  be  made  as  though  the  hack  had  been  employed  or 
engaged  by  the  hour.  When  engaged  by  the  hour,  for  one  or 
more  passengers,  the  charge  for  the  load  shall  be,  for  the  first 
hour,  one  dollar  and  fifty  cents,  and  at  the  rate  of  one  dollar  for 
each  succeeding  hour;  and  when  engaged  by  the  hour  the  charge 
for  an  hour  shall  be  collectible,  though  the  hack  may  not  have 
been  used  the  full  hour.    When  engaged  by  the  day  the  charge 

shall  be  eight  dollars  per  day.    Ten  hours  shall  be  considered  a 

day,  but  the  driver  shall  not,  unless  first  agreeing  thereto,  be 

compelled  to  drive  after  dark  to  make  up  the  ten  hours.     And 


PUBLIC  WAYS.  517 


if  the  hack  should  be  used  or  detained  longer  than  ten  hours, 
the  additional  hours,  unless  otherwise  agreed  to,  shall  be  charged 
for  as  though  the  hack  had  been  employed  by  the  hour.  For 
services  during  the  night  the  charge  shall  be  the  same  as  in  the 
day.  For  attending  funerals  not  more  than  three  dollars,  but 
no  owner  or  driver  shall  be  compelled,  unless  he  shall  contract 
to  do  so,  to  attend  with  his  hack  at  a  funeral.  In  the  foregoing 
charges  is  included  the  charge  for  transportation  of  baggage 
for  each  passenger,  not  exceeding  fifty  pounds  in  weight,  and 
any  excess  is  to  be  paid  for  at  the  rate  of  twenty-five  cents  per 
one  hundred  pounds. 

§  12.  No  driver  shall  be  compelled  to  take  more  grown 
passengers  than  four.  No  charge  shall  be  made  for  children 
five  years  of  age  and  under,  who  are  in  care  of  passengers  who 
are  chargeable.  Children  beyond  five  years  and  not  exceeding 
twelve  3'ears  shall  be  chargeable  only  half  fare. 

§  13.  Any  owner  or  driver,  having  engaged  to  perform  ser- 
vices with  his  hack,  who  shall,  without  just  cause,  fail  or  refuse 
to  comply  with  the  engagement,  shall  be  liable  to  a  fine  of  from 
two  dollars  ($2)  to  twenty  dollars  ($20)  for  each  offense,  be- 
sides being  liable  to  the  party  complaining  in  a  civil  action. 

§  14.  For  a  violation  or  non-observance  of  any  of  the  pro- 
visions of  this  ordinance,  the  owner  and  driver  of  the  hack  shall 
each  or  either  be  jointly  and  severally  liable  to  a  fine  of  not  less 
than  two  ($2)  nor  more  than  twenty  dollars  ($20)  for  each  of- 
fense, unless  when  the  penalty  or  fine  is  herein  otherwise  specially 
designated,  and  then  he  or  they  shall  be  so  liable  to  such  penalty 
or  fine. 

§  15.  The  fines  and  penalties  imposed  by  this  ordinance  shall 
be  recoverable  for  the  use  and  benefit  of  the  city  of  Louisville, 
before  the  judge  of  the  City  Court  by  a  warrant  in  the  name  of 
the  city.  It  shall  be  the  duty  of  the  officer  making  arrest  for 
any  of  the  causes  permitted  in  this  section  to  take  such  steps  as 
may  be  necessary  to  have  a  proper  care  taken  of  the  hack  and 
horses,  at  the  expense  of  the  owner,  while  the  hackman  may  be 
in  custody. 

§  16.  Any  driver  or  owner  of  a  licensed  hack,  who  shall  be 
thrice  convicted  of  a  breach  of  the  provisions  of  this  ordinance. 


518  PUBLIC  WAYS. 


shall  be  deprived  of  his  license,  and  forever  debarred  from  a 
license  under  this  ordinance  unless  by  consent  of  the  General 
Council. 

§  17.  It  shall  be  the  duty  of  all  owners  of  hacks  now  licensed 
to  comply  with  the  provisions  and  requirements  of  this  ordi- 
nance within  ten  days  after  its  publication,  and  on  failing  to 
do  so  the  license  of  such  one  so  failing  shall  be  and  is  hereby 
declared  forfeited  and  revoked  from  and  after  that  date. 

§  18.  All  ordinances  and  parts  of  ordinances,  in  so  far  as 
they  are  in  conflict  or  inconsistent  herewith,  are  hereby  re- 
pealed. 

§  19.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  June  26,  1894.) 


(8)   PUBLIC  WAYS— USE  AND  PROTECTION.* 

Jitneys — License,  Bond  and  General  Regulations. 

AN  ORDINANCE  making  it  unlawful  for  any  person,  firm  or 
corporation,  either  as  principal,  officer,  agent,  or  employe, 
to  use  or  occupy  any  public  way  of  the  city  of  Louisville  with 
any  automobile,  commonly  known  as  a  jitney,  for  the  car- 
riage of  persons  for  hire,  operating  for  the  purpose  of 
affording  a  means  of  local  street  transportation  by  indis- 
criminately accepting  and  discharging  such  persons  as  may 
offer  themselves  for  transportation  along  the  way  or  course 
on  which  it  is  used  or  operated,  without  first  obtaining  a 
license;  providing  for  the  giving  of  indemnity  as  security 
to  the  public;  providing  regulations  for  the  conduct  of  such 
persons,  and  prescribing  a  penalty  for  the  violation  thereof. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  It  shall  be  unlawful  for  any  person,  firm  or  corporation, 
either  as  principal,  agent  or  employe  to  use  or  occupy  any  public 
way  in  the  city  of  Louisville  with  an  automobile,  commonly 
known  as  a  jitney,  for  the  carriage  of  persons  for  hire,  operat- 
ing for  the  purpose  of  affording  a  means  of  local  street  transpor- 
tation by  indiscriminately  accepting  and  discharging  such  per- 
sons as  may  offer  themselves  for  transportation  along  the  whole 


^Construed  in  Kin7:eod  v.  Bnschemeyer,  Jefferson  Circuit  Court  No.  90949. 


PUBLIC  WAYS.  519 


or  any  part  of  the  way  or  course  on  which  it  is  used  or  operated 
without  complying  with  the  terms  of  this  ordinance. 

§  2.  Every  person,  firm  or  corporation  shall  before  engaging 
in  the  business  described  in  Section  1  of  this  ordinance  pro- 
cure a  license  for  each  automobile  employed  therein,  said  license 
to  run  for  one  year  unless  revoked  or  forfeited  for  cause,  or  sur- 
rendered by  the  applicant. 

§  3.  No  license  shall  be  issued  until  the  person,  firm  or  cor- 
poration applying  therefor  shall  have  filed  with  the  Commis- 
sioners of  the  Sinking  Fund  an  application  therefor  stating : 

(1)  The  name,  residence  and  business  address  of  the  per- 
son, firm  or  corporation  owning  and  operating  the  automobile. 

(2)  The  type  of  automobile  to  be  used. 

(3)  The  number  of  such  automobiles  to  be  operated  by  ap- 
plicant and  the  State  license  number  of  each. 

(4)  The  seating  capacity  of  each  automobile. 

(5)  The  name  of  each  chauffeur,  conductor  and  collector  to 
be  in  charge  of  or  serving  on  each  of  said  automobiles  and  his 
place  of  residence. 

(6)  The  termini  and  the  route  over  which  the  said  automo- 
bile is  to  be  operated. 

Such  application  shall  be  in  writing  and  shall  be  to  the  effect 
that  the  statements  contained  in  it  are  true,  and  it  shall  be  sub- 
scribed and  sworn  to  by  the  person,  or  by  a  member  of  the  firm, 
or'  by  the  president  or  secretary  of  the  corporation  applying  for 
such  license. 

§  4.  With  said  application  there  shall  be  filed  with  the  Com- 
missioners of  the  Sinking  Fund  a  bond  in  the  penal  sum  of  five 
thousand  ($5,000)  dollars,  such  bond  to  have  such  security  as 
shall  be  acceptable  to  and  approved  by  the  Commissioners  of  the 
Sinking  Fund  and  to  be  conditioned  as  follows: 

(1)  That  in  the  event  of  any  injury  or  damage  to  any  per- 
son or  property  growing  out  of  any  defect  in  or  negligence  in 
the  operation  of  any  automobile  employed  by  the  applicant  in 
the  business  herein  provided  for,  the  person  so  injured  in  his 
person  or  property  shall  have  a  right  of  action  thereon. 

(2)  That  said  applicant  will  pay  to  the  city  of  Louisville  all 
sums  due  said  city  for  any  license  tax,  or  other  liability,  includ- 
ing all  fines  and  forfeitures  assessed  against  said  applicant  by 


520  PUBLIC  WAYS. 


the  final  judgment  of  any  court,  and  also  to  indemnify  the  city 
against  loss  or  damage  for  accidents  arising  out  of  the  operation 
of  such  automobile  or  automobiles. 

Such  bond  shall  be  so  drawn  that  it  shall  not  be  void  upon 
first  recovery,  but  may  be  sued  upon  and  recovery  had  until  the' 
full  penalty  thereof  is  exhausted. 

And  said  bond  may  be  written  to  contemplate  the  addition 
of  other  cars  during  the  period  for  which  it  is  drawn,  in  which 
event  no  new  bond  shall  be  required  for  additional  cars  or  auto- 
mobiles placed  in  service  during  the  period  of  said  bond,  pro- 
vided, however,  that  in  the  event  that  pending  litigation  shall 
disclose  a  probable  liability  upon  said  bond  sufficient  to  materially 
diminish  its  power  to  give  full  protection  thereunder,  then 
in  such  event  upon  the  order  of  the  Commissioners  of  the  Sink- 
ing Fund  additional  bond  or  security  of  like  amount  shall  be  re- 
quired as  though  no  previous  bond  has  been  given,  and  failure 
to  give  said  bond  when  so  required  shall  operate  to  forfeit  the 
license  granted  the  applicant  hereunder. 

§  5.  Upon  the  filing  of  the  application  and  the  bond  set 
forth  above  the  secretary  of  the  Commissioners  of  the  Sinking 
Fund  shall  issue  a  license  to  operate  an  automobile  for  the  pur- 
poses stated  in  Section  1  hereof,  provided  the  applicant  shall 
pay  to  the  Commissioners  at  the  time  of  said  issuance  an  annual 
license  tax  of  ten  ($10)  dollars  for  each  automobile  with  a  seat- 
ing capacity  not  exceeding  eight  (8)  passengers,  twenty  ($20) 
dollars  for  each  automobile  with  a  seating  capacity  of  more  than 
eight  (8)  passengers  and  not  exceeding  fifteen  (15)  passengers, 
and  twenty-five  ($25)  dollars  for  each  automobile  with  a  seat- 
ing capacity  of  more  than  fifteen  (15)  passengers.  Said  license 
charge  shall  not  be  construed  to  be  in  lieu  of  other  licenses  or 
taxes  now  or  hereafter  required. 

§  6.  Upon  the  payment  of  said  license  as  aforesaid  the  sec- 
retary of  the  Commissioners  of  the  Sinking  Fund  shall  issue  a 
license  card  giving  the  name  of  the  applicant  and  operator  of 
said  automobile  and  the  date  of  the  issuance  of  the  license  there- 
for, which  shall  be  attached  to  the  inside  of  the  windshield  of 
said  automobile  and  which  shall  be  subject  to  inspection  at  all 
times.  Whenever  the  holder  of  any  license  shall  add  or  substi- 
tute other  automobiles  or  other  routes  a  supplemental  applica- 


PUBUC  WAYS.  521 


tion  must  be  filed  and  other  license  card  shall  be  obtained  in  the 
same  manner  as  the  application  is  made  for  the  original  license 
and  said  license  card  issued.  Upon  the  surrender  of  any  license 
card  as  aforesaid  another  license  card  for  such  substituted 
automobile  shall  be  issued  by  said  Commissioners  of  the  Sinking 
Fund. 

§  7.  All  automobiles  used  in  such  service  shall  have  displayed 
thereon  in  a  conspicuous  manner  the  following: 

(1)  The  name  of  the  party  operating  or  owning  such  auto- 
mobile. 

(2)  The  route  and  destination  of  said  automobile. 

§  8.  It  shall  not  be  unlawful  for  any  automobile  licensed 
hereunder  to  be  driven  by  any  person  not  having  a  license  as 
chauffeur,  as  provided  by  law,  and  this  shall  apply  even  though 
the  automobile  is  driven  by  the  owner  thereof. 

§  9.  It  shall  not  be  lawful  to  operate  any  such  automobile 
while  any  person  is  standing  or  sitting  on  the  running  board, 
fender  or  door  thereof,  or  while  any  person  is  riding  on  the  out- 
side of  the  body  thereof,  and  it  shall  not  be  lawful  for  any  person 
to  stand  or  sit  upon  any  fender,  running  board  or  door  of  any 
such  automobile,  or  to  occupy  such  position  outside  the  body  of 
the  same  while  said  automobile  is  in  motion. 

§  10.  The  operation  of  all  such  automobiles  shall  be  subject 
to  the  trafl?ic  regulations  governing  the  use  of  automobiles  upon 
the  public  ways  of  the  city  of  Louisville,  and  the  specific  enumer- 
ation of  regulations  herein  shall  in  no  manner  relieve  such  auto- 
mobile from  said  general  regulations  as  the  same  are  now,  or 
may  hereafter  be,  provided  for  by  ordinances  of  the  city  of  Louis- 
ville, and  no  license  granted  hereunder  shall  preclude  the  city 
of  Louisville  from  changing  or  modifying  or  adding  to  any  of 
the  provisions  of  this  ordinance,  or  of  making  additional  regu- 
lations affecting  said  business  during  the  period  for  which  said 
license  is  granted. 

§  11.  Penalties.  Any  person,  firm  or  corporation  violating 
the  provisions  of  this  ordinance  shall  be  fined  in  any  sum  not 
less  than  ten  ($10)  dollars  nor  more  than  fifty  ($50)  dollars  in 
the  discretion  of  the  court  or  jury,  and  each  day  that  any  such 
vehicle  shall  be  operated  upon  the  streets  without  conforming 
to  the  provisions  of  this  ordinance  shall  constitute  a  separate 
offense,  and  nothing  in  this  ordinance  shall  be  construed  to  de- 


522  PUBLIC  WAYS. 


crease  or  diminish  or  change  in  any  manner  the  penalties  pre- 
scribed for  the  violation  thereof  by  the  act  of  the  General  Assem- 
bly of  the  Commonwealth  of  Kentucky  entitled  "An  act  to  regu- 
late, license  and  govern  the  use  of  motor  vehicles,"  approved 
March  20,  1914,  and  an  ordinance  entitled  "An  ordinance  regu- 
lating the  moving,  travel  and  traffic  upon  the  public  streets  and 
highways  of  the  city  of  Louisville  and  providing  a  punishment 
for  any  violation  thereof,"  approved  September  23,  1914. 

§  12.  If  it  shall  be  held  that  it  is  beyond  the  authority  of  the 
city  of  Louisville  to  ordain  any  provision  in  this  ordinance,  or 
any  section  or  any  part  of  a  section,  such  provision  alone  shall 
be  considered  void,  it  being  the  intention  of  the  General  Council 
of  the  city  of  Louisville  to  ordain  each  section  and  each  part  of 
every  section  separately. 

§.13.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  April  23,  1915.) 

(See  also  (1)  License  (36)  ;  (13)  License.) 


(9)   PUBLIC  WAYS— USE  AND  PROTECTION. 

Regulating  Position  in  Parades. 

AN  ORDINANCE  regulating  the  position  of  vehicles  during  a 

public  parade. 
Be  it  orclained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  hereafter  it  shall  be  unlawful  for  any  person  to 
drive  or  cause  to  be  driven,  or  cause  to  stand,  any  wagon,  dray, 
buggy,  carriage,  or  other  vehicle,  excepting  such  vehicles  as  are 
now  given  the  right  of  way  by  law,  on  any  street  along  which 
a  parade  may  be  passing,  or  about  to  pass  or  to  be  on  the  streets 
of  the  line  of  march  after  the  passage  of  such  parade  nearer 
than  one  square  from  such  parade. 

§  2.  It  shall  be  the  duty  of  the  police  to  cause  all  vehicles, 
except  such  vehicles  as  are  now  given  the  right  of  way  by  law, 
to  be  removed  from  the  streets  upon  the  approach  of  any  parade, 
and  not  permit  such  vehicles  to  return  to  the  streets  of  the  line 
of  march  of  a  parade  until  the  parade  has  passed  one  block. 

§  3.  It  shall  be  unlawful  for  any  person,  or  persons,  to  cause 
any  vehicle  to  be  driven  in  advance  of  any  parade,  or  to  follow 
any  parade  nearer  than  one  block  .with  any  advertising  sign  ,or 


PUBLIC  WAYS.  523 


device,  without  first  procuring  the  written  permission  from  the 
promoter  or  promoters  of  such  parade,  which  permit  must  be 
shown  to  any  police  officer  when  so  requested. 

§  4.  Any  person  violating  the  provisions  of  this  ordinance, 
or  refusing  to  move  when  so  ordered  by  any  member  of  the 
police  force,  shall  be  fined  not  less  than  ten  ($10)  nor  more  than 
twenty-five  dollars   ($25)   for  each  offense. 

§  5.  All  ordinances  or  parts  of  ordinances  in  conflict  herewith 
are  hereby  repealed. 

§  6.  This  ordinance  to  take  effect  from  and  after  its  passage 
and  publication.     (Approved  June  28,  1898.) 


(10)   PUBLIC  WAYS— USE  AND  PROTECTION. 

Stands  for  Furniture  Cars  and  Other  Vehicles. 

AN   ORDINANCE    regulating   stands   for   furniture   cars   and 
other  vehicles. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  unlawful  for  furniture  cars,  wagons, 
drays,  carts,  or  other  wheeled  vehicles  to  stand  waiting  for  em- 
ployment upon  any  of  the  streets  of  the  city  of  Louisville,  except 
as  hereinafter  provided. 

§•2.  Furniture  cars,  or  other  wheeled  vehicles  waiting  for 
employment,  with  the  consent  of  the  occupant  of  any  business 
or  dwelling  house  or  property  fronting  or  binding  thereon  (ex- 
cept Fourth  avenue  and  streets  bounding  the  courthouse 
square)  are  permitted  to  stand  on  the  north  sides  of  all  streets 
during  the  months  beginning  October  1st  and  ending  April  30th; 
on  the  south  sides  of  all  streets  during  the  months  beginning 
May  1st  and  ending  September  30th;  on  the  east  sides  of  all 
streets  during  the  morning  hours  up  to  12:30  o'clock  noon,  and 
on  the  west  sides  of  all  streets  during  the  evening  after  12:30 
o'clock  noon. 

§  3.  They  shall  stand  close  to  the  curbstone,  and  remove  from 
place  to  place  at  the  stand,  or  change  place,  as  may  best  promote 
the  convenient  transaction  of  business  by  other  persons  or  ve- 
hicles ;  and  to  facilitate  such  business  any  policeman  shall,  when 
expedient,  give  orders  as  to  the  vehicles,  directing  their  positions 
and  management. 


524  PUBLIC  WAYS. 


§  4.  For  a  failure  to  comply  with  the  requirements  of  this 
ordinance,  or  any  order  of  a  policeman  in  enforcing  the  same, 
the  owner  or  driver  shall  be  fined  for  each  ofl'ense  not  less  than 
five  dollars  ($5)  nor  more  than  twenty  dollars  ($20). 

§  5.  All  ordinances  or  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed.     (Approved  June  28,  1898.) 


(11)   PUBLIC  WAYS— USE  AND  PROTECTION. 

General  Regulations. 

AN  ORDINANCE  concerning  the  management  of  vehicles  in 
the  public  streets. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  If  any  driver  of  a  vehicle  shall  be  more  than  ten  feet 
from  the  horses,  or  other  animals  harnessed  in  the  vehicle  then 
under  his  charge,  or  shall  crack  a  whip  or  make  other  noise  cal- 
culated to  frighten  such  animals  in  harness,  or  shall  stand  with 
other  drivers  in  numbers,  so  as  to  obstruct  free  passage  on  side- 
walk or  street,  or  shall  stand  his  vehicle  near  a  tavern  or  rail- 
road depot,  so  as  to  prevent  free  access  thereto  by  other  person 
or  vehicle,  or  shall  so  drive  as  to  endanger  life  or  limb  of  any 
person,  he  shall  be  fined  $10. 

§  2.  All  drivers  of  teams  and  vehicles  in  the  city  of  Louis- 
ville, who  shall  be  found  out  of  reach  of  the  reins  attached  to 
said  teams  or  vehicles,  when  in  motion,  shall  be  fined  not  less 
than  $10  nor  more  than  $20,  and  the  fines  collected  be  placed 
to  the  credit  of  the  public  school  fund.  (Approved  October  26, 
1853.) 


(12)  PUBLIC  WAYS— USE  AND  PROTECTION. 
Regulating  the  Loads. 

AN  ORDINANCE  regulating  the  loads  on  vehicles  which  may 
be  used  in  hauling  merchandise  or  other  articles  in  the  limits 
of  the  city  of  Louisville. 

Be  it  ordained  by  the  Geyieral  Council  of  the  city  of  Louisville: 

§  1.     That  hereafter  the  weight  of  a  load   of  merchandise, 
or  other  articles  hauled  over  any  of  the  streets  or  alleys  of 


PUBLIC  WAYS.  525 


the  city  by  any  four-wheeled  vehicle,  shall  not  exceed  in  amount 
as  follows,  viz :  Eleven  thousand  pounds  for  a  tire  of  four  inches ; 
for  a  tire  of  three  and  a  half  inches,  ten  thousand  pounds;  for 
a  tire  of  three  inches,  nine  thousand  pounds;  for  a  tire  of  two 
and  three-quarter  inches,  eight  thousand  pounds;  for  a  tire  of 
two  and  a  half  inches,  seven  thousand  pounds;  for  a  tire  of 
two  and  a  quarter  inches,  five  thousand  pounds;  for  a  tire  of 
two  inches,  four  thousand  five  hundred  pounds;  for  a  tire  of 
one  and  three-quarter  inches,  three  thousand  five  hundred 
pounds ;  for  a  tire  of  one  and  one-half  inches,  two  thousand  five 
hundred  pounds. 

§  2.  The  weight  of  a  load  of  merchandise,  or  other  articles 
hauled  over  the  streets  or  alleys  of  the  city  of  any  cart,  dray,  or 
other  two-wheeled  vehicle,  shall  not  exceed  in  amount  as  fol- 
lows, viz:  For  a  tire  of  four  inches,  five  thousand  pounds;  for 
a  tire  of  three  and  a  half  inches,  four  thousand  five  hundred 
pounds;  for  a  tire  of  three  inches,  four  thousand  pounds;  for  a 
tire  of  two  and  three-quarter  inches,  thirty-five  hundred  pounds ; 
for  a  tire  two  and  a  half  inches,  three  thousand  pounds;  for  a 
tire  of  two  and  a  quarter  inches,  two  thousand  five  hundred 
pounds;  for  a  tire  of  two  inches,  two  thousand  pounds;  for  a 
tire  of  one  and  three-quarter  inches,  fifteen  hundred  pounds ;  for 
a  tire  of  one  and  a  half  inches,  one  thousand  pounds. 

§  3.  Vehicles,  whether  four-wheeled  or  two-wheeled,  engaged 
in  hauling  boilers,  engines,  cylinders,  shafting,  or  stone,  when 
in  a  single  piece,  may  haul  such  articles  in  excess  of  the  weight 
allowed  above,  provided  the  tires  of  such  vehicles  are  not  less 
than  four  inches  in  width. 

§  4.  Every  vehicle  licensed  to  haul  merchandise,  or  other 
articles,  within  the  city  limits,  shall  have  its  number,  name  of 
owner,  and  maximum  weight  of  load,  as  authorized  by  this  ordi- 
nance, painted  on  a  piece  of  tin  not  less  than  nine  by  three  inches 
in  size,  and  fastened  in  a  conspicuous  place  on  said  vehicle. 

§  5.  Policemen  are  granted  the  authority  to  weigh  any  load 
they  may  deem  necessary. 

§  6.  It  shall  be  the  duty  of  the  license  inspector  to  ascertain 
correctly  actual  width  of  the  tire  of  each  dray,  cart,  wagon,  or 
other  vehicle  which  shall  hereafter  be  licensed  to  haul  merchan- 


526  PUBLIC  WAYS. 


dise  or  other  articles  within  the  city  limits,  and  to  furnish  the 
chief  of  police  with  the  number,  name  of  owner,  width  of  tire, 
and  kind  of  each  such  vehicle. 

§  7.  For  a  violation  of  any  of  the  provisions  of  this  ordi- 
nance the  owner  or  driver  of  the  vehicle  shall,  for  each  offense, 
be  fined  not  less  than  two  dollars  ($2)  nor  more  than  fifteen 
($15)  dollars. 

§  8.  Four-wheeled  vehicles,  constructed  with  a  straight 
coupling,  and  without  a  fifth  or  pivot  wheel,  or  a  cut  under, 
may  haul  one  thousand  pounds  in  excess  of  the  above  provisions. 

§  9,  Ordinance  No.  498  and  all  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  10.  This  ordinance  shall  take  effect  from  its  passage.  (Ap- 
proved Septemher  16,  1895.) 


(13)  PUBLIC  WAYS— USE  AND  PROTECTION. 

Traffic  Regulations.* 

AN  ORDINANCE  regulating  the  moving,  travel  and  traffic  upon 
the  public  ways  of  the  city  of  Louisville,  Kentucky,  and  pro- 
viding punishment  for  violations  thereof. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     The  owner,  operator,  driver  or  person  in  charge  of  any 
cart,    dray,    wagon,    coach,    omnibus,    automobile,    motorcycle, 
bicycle,  tricycle,  carriage,  buggy,  or  other  vehicle,  propelled  or 
driven  upon  the  public  ways  of  the  city  of  Louisville,  or  riding, 
driving,  or  in  charge  of  any  horse  on  said  public  ways,  shall  con- 
form to  and  observe  the  rules  and  regulations  of  travel  upon 
the  said  public  ways  of  the  city  of  Louisville  herein  set  forth, 
and  for  any  failure  to  comply  with  said  rules  and  regulations,  any 
person  so  failing  shall  be  deemed  guilty  of  a  misdemeanor  and 
shall  be  punished  as  herein  provided. 

§  2.  Definitions.  The  word  "vehicle"  herein  includes  eques- 
trians, automobiles,  bicycles,  motorcycles,  tricycles,  velocipedes, 
sleigh,  sleds,  and  everything  on  wheels  or  runners  except  rail- 
road trains  and  street  cars. 


*See  also  Motor  Vehicles,  Ky.  St.,  Sec.  2739. 


PUBLIC  WAYS.  527 


The  term  "motor  vehicle"  herein  shall  include  automobiles, 
locomobiles,  motorcycles  and  all  other  vehicles  propelled  other- 
wise than  by  muscular  power,  except  traction  engines,  road 
rollers,  electric  and  steam  railway  cars  and  engines. 

The  word  "horse"  herein  shall  include  all  animals  used  in  rid- 
ing, or  for  the  purpose  of  drawing  vehicles. 

The  word  "driver"  herein  shall  include  the  rider  of  wheels  and 
animals  and  the  chauffeur  or  operator  of  motor  vehicles  and 
street  cars,  and  the  driver  of  animal  drawn  vehicles. 

The  term  "public  way"  herein  shall  include  all  streets,  alleys, 
highways,  passageways,  and  grounds  used  for,  or  open  to,  public 
travel  and  traffic  within  the  limits  of  the  city  of  Louisville,  and 
wherever  there  are  used  herein  the  words  street,  alley,  highway, 
passageway,  or  other  similar  term  designating  a  way  or  place 
whereon  public  traffic  and  travel  are  permitted,  each  of  said 
designations  shall  have  the  same  meaning  as  the  term  "public 
way." 

§  3.  Speed.  No  vehicle  except  those  mentioned  in  Section  42 
hereof  shall  proceed  on  any  public  way  at  any  time,  at  a  speed 
greater  than  is  reasonable  and  proper,  having  regard  to  the 
traffic  and  use  of  the  highway,  or  so  as  to  endanger  the  life  or 
limb  or  injure  the  property  of  any  person. 

If  the  rate  of  speed  of  any  vehicle  shall  exceed  ten  (10)  miles 
per  hour  in  the  closely  built  up  portions  of  the  city  of  Louisville, 
or  if  the  rate  of  speed  of  any  vehicle  shall  exceed  fifteen  (15) 
miles  per  hour  in  the  residence  portions  of  the  city  of  Louisville, 
or  if  the  rate  of  speed  exceeds  twenty  (20)  miles  per  hour  out- 
side of  the  closely  built  up  portions  and  the  residence  portions  of 
the  city  of  Louisville,  such  rate  of  speed  shall  be  prima  facie 
evidence  that  the  person  operating  such  vehicle  is  running  at  a 
rate  of  speed  greater  than  is  reasonable  and  proper,  having  re- 
gard for  the  traffic  and  use  of  the  way,  or  so  as  to  endanger  the 
life  or  limb  or  injure  the  property  of  any  person. 

If  the  rate  of  speed  of  a  vehicle  in  going  around  a  corner, 
curve,  or  crossing,  on  any  public  way,  in  the  city  of  Louisville, 
where  the  operator's  view  of  the  road  traffic  is  obstructed,  shall 
exceed  eight  (8)  miles  an  hour,  such  rate  of  speed  shall  be  prima 
facie  evidence  that  the  person  operating  such  vehicle  is  running 
at  a  rate  of  speed  greater  than  is  reasonable,  having  due  regard 


528  PUBLIC  WAYS. 


to  the  traffic  and  use  of  the  way,  or  so  as  to  endanger  life  or  in- 
jure the  property  of  any  person. 

Any  person  violating  the  provisions  of  this  section  shall  be 
fined  in  any  sum  not  less  than  ten  ($10)  dollars,  nor  more  than 
fifty  ($50)  dollars,  or  imprisoned  in  the  county  jail  not  less  than 
five  (5)  days  nor  more  than  thirty  (30)  days,  or  both  so  fined 
and  imprisoned  in  the  discretion  of  the  court  or  jury. 

§  4.  Meeting  vehicles.  A  vehicle  meeting  another  vehicle 
shall  pass  to  the  right. 

§  5.  Overtaking  vehicles.  A  vehicle  overtaking  any  other 
vehicle,  except  a  street  car,  shall  pass  on  the  left  side  of  the 
overtaken  vehicle,  and  shall  pull  over  to  the  right  when  safely 
clear  of  the  overtaken  vehicle. 

A  vehicle  overtaking  a  street  car  shall  pass  on  the  right  of 
such  street  car  if  safely  practicable;  otherwise,  it  shall  pass  on 
the  left  of  such  street  car  if  safely  practicable,  and  shall  pull 
over  to  the  right  as  soon  as  safely  clear  of  such  street  car. 

§  6.  Slowly  moving  vehicles.  All  vehicles  except  when 
overtaking  and  passing  another  vehicle  shall  wherever  the  width 
of  the  streets  permits,  keep  a  sufficient  distance  to  the  right  of 
the  center  of  the  street  to  permit  faster  moving  vehicles  to  pass 
to  the  right  of  such  center  of  the  street. 

§  7.  On  divided  streets.  On  all  avenues  or  streets  divided 
by  parkway,  walk,  sunkenway,  or  viaduct,  vehicles  shall  keep  to 
the  right  of  such  division. 

§  8.  Vehicles  not  to  stand  at  intersections.  No  vehicle 
shall  stop  or  stand  within  the  intersection  of  any  two  streets. 

§  9.  Right  hand  curb.  No  vehicle  shall  take  on  or  discharge 
passengers  except  at  the  right  hand  curb. 

§  10.  Backing  to  curb.  No  vehicle  shall  back  to  a  curb  ex- 
cept when  actually  loading  or  unloading,  and  then  not  longer 
than  necessary  to  receive  or  discharge  the  load.  In  case  of  the 
loading  or  unloading  of  any  horse  drawn  vehicle,  the  animals 
drawing  the  vehicle  shall  be  turned  parallel  with  the  curb  and 
in  the  direction  of  moving  traffic. 

§  11.  Vehicles  at  rest.  All  vehicles  at  rest  shall  stand  in 
the  direction  of  moving  traffic,  and  two  or  more  vehicles  shall 
not  stand  abreast. 


PUBLIC  WAYS.  529 


§  12.  Processions  not  to  be  cut.  Processions  lawfully 
authorized  shall  not  be  cut  by  vehicles  except  by  permission  of 
police  or  traffic  officer. 

§  13.  Approach  of  fire  apparatus.  A  vehicle,  on  the  ap- 
proach of  fire  apparatus  shall  immediately  draw  up  parallel,  and 
as  near  to  the  curb  as  possible  and  stop  until  such  fire  apparatus 
has  safely  passed. 

§  14.  Vehicles  not  to  obstruct  traffic.  No  vehicle  shall 
so  occupy  any  public  way  as  to  obstruct  traffic. 

§  15.  Vehicles  to  slow  down.  Vehicles  and  street  cars 
must  slow  down  to  half  the  legal  speed  in  crossing  "heavy  traffic" 
streets  and  in  "school  zones"  designated  as  such  by  the  Board  of 
Public  Safety. 

§  16.  Speed  to  be  controlled.  Speed  of  vehicles  and  street 
cars  shall  at  all  times  be  controlled  by  traffic  conditions,  and 
may  be  deemed  reckless  although  within  the  prescribed  speed 
limits. 

§  17.  Turning  Corners — Right.  A  vehicle  turning  into  an- 
other street  to  the  right,  shall  turn  the  corner  as  near  the  right 
hand  curb  as  practicable.  ^ 


Thus 


J  L 


nr 


§  18.  Turning  Corners — Left.  A  vehicle  turning  into  an- 
other street  to  the  left  shall  pass  to  the  left  of  the  intersec- 
tion. 


THUS 


J   L 


NOT  THIS  ^ 

4- 

Way 

\ 

\ 

ll 

^  if 


§  19.  Signals  by  drivers.  It  shall  be  the  duty  of  the  driver 
of  any  vehicle  before  crossing  an  intersection  of  any  public  way 
in  the  city  of  Louisville  at  which  a  police  officer  may  be  stationed 
for  the  direction  of  traffic  to  signal  to  such  police  officer  the 
direction  in  which  he  wishes  to  go,  if  said  vehicle  is  not  to  pro- 


530  PUBLIC  WAYS. 


ceed  straight  ahead.  If  said  driver  expects  to  turn  to  the  right, 
the  signal  should  be  made  by  pointing  in  that  direction  with  the 
right  hand;  if  to  the  left  with  the  left  hand.  Thereupon  such 
driver  shall  await  a  signal  from  the  traffic  officer  before  pro- 
ceeding. 

§  20.  Position  of  standing  vehicles.  No  vehicle  shall  be 
left  standing  at  any  stopping  place  for  street  cars  longer  than 
necessary  for  passengers  to  leave  or  board  said  vehicle,  or  to 
promptly  load  or  unload  the  same,  upon  any  street  of  the  city  of 
Louisville,  nearer  than  sixty  feet  from  the  intersection  of  the 
curb  line  of  said  street  with  the  curb  line  of  another  street  on 
that  side  thereof  on  which  street  cars  stop  for  passengers,  and 
at  no  intersection  nearer  than  twenty  feet  of  such  intersection, 
and  not  upon  or  across  any  place  maintained  as  a  foot  crossing. 

§  21.  Crossing  from  right  to  left  side.  Vehicles  that  are 
proceeding  correctly  along  the  right  side  of  the  street  shall  be 
permitted  to  pass  to  the  other  side  of  the  street  by  making  a 
complete  turn. 


THUS NorTMliWAr 


except  that  on  Fourth  street  from  Main  to  Broadway,  and  on 
Chestnut  street,  Walnut  street  and  Liberty  street  from  Third 
street  to  Fifth  street  vehicles  shall  not  be  permitted  to  cross  to 
the  opposite  side  of  the  street,  or  to  turn  in  a  reverse  direction. 

§  22.  Position  in  stopping.  No  vehicle  shall  stop  with  the 
left  side  to  the  curb. 

§  23.  Safety  zones.  Safety  zones  for  pedestrians  may  be 
established  by  the  Police  Department  with  the  approval  of  the 
Board  of  Public  Safety,  and  same  shall  be  designated  in  a  clearly 
visible  and  suitable  manner.  When  so  designated  it  shall  be 
unlawful  for  any  person  to  drive  or  stop  a  vehicle  of  any  kind 
within  the  same. 

§  24.  Place  of  stopping.  No  vehicle,  unless  in  an  emergency, 
or  to  allow  another  vehicle  or  pedestrian  to  cross  its  path,  shall 
stop  in  any  public  way,  except  near  the  right  hand  curb  thereof, 
and  then  only  so  as  not  to  obstruct  any  public  crossing. 


PUBLIC  WAYS.  531 


§25.  Vehicles  backing.  No  vehicle  shall  back  to  make  a 
turn  in  any  street,  if  by  so  doing  it  interferes  with  the  move- 
ments of  other  vehicles,  but  it  shall  go  round  the  block,  or  (ex- 
cept on  Fourth  street  from  Main  street  to  Broadway,  and  on 
Chestnut,  Walnut  and  Liberty  streets  from  Third  street  to  Fifth 
street)  to  a  street  sufficiently  wide  to  turn  without  backing. 

§  26.  Vehicle^  in  procession.  Vehicles  owned  or  controlled 
by  the  same  firm,  person  or  corporation  shall  not  proceed  in 
procession,  but  shall  maintain  a  distance  of  at  least  fifty  (50) 
feet  between  such  vehicles.  This  section  shall  not  apply  to  fu- 
neral processions,  or  other  processions  authorized  by  the  Chief 
of  Police  or  the  Board  of  Public  Safety. 

A  procession  is  defined  as  three  or  more  vehicles  owned  or  at 
the  time  controlled  by  the  same  firm,  person  or  corporation,  pro- 
ceeding along  the  public  ways  in  the  same  direction  for  a  com- 
mon purpose. 

§  27.  Signals  to  vehicles  in  rear.  The  driver  or  person 
in  control  of  vehicle,  in  slowing  up,  or  stopping,  shall  signal 
those  in  the  rear  by  raising  a  hand  vertically  so  that  the  same 
may  be  seen  from  the  vehicles  in  the  rear. 

(b)  Signal  when  turning.  No  vehicle  shall  be  turned  un- 
less a  signal  shall  previously  be  given  by  the  hand  extended 
horizontally  indicating  the  direction  in  which  the  turn  is  to  be 
made,  so  same  may  be  seen  from  any  vehicle  in  the  rear, 

(c)  Signals  wi-ien  backing.  No  person  in  control  of  a 
vehicle  shall  back  same  without  ample  warning  having  been 
given  by  him  by  signal  made  by  extending  the  hand  downward 
so  same  may  be  seen  from  any  vehicle  in  the  rear,  and  while 
backing,  unceasing  vigilance  must  be  exercised  not  to  injure 
those  in  the  rear. 

§  28.  Duty  to  signal  vehicles.  Every  person  in  charge  of 
a  vehicle  shall  pull  to  the  right  of  the  street  when  signalled  from 
a  faster  moving  vehicle  from  behind  desiring  to  pass,  and  travel- 
ing within  the  speed  limits  fixed  by  law. 

§  29.  Horns,  bells,  etc.  All  bicycles,  velocipedes,  tricycles, 
motorcycles,  automobiles,  and  all  other  riding  machines  and 
horseless  vehicles  upon  the  public  ways,  shall  have  attached 
thereto  a  gong,  bell,  horn  or  other  adequate  signal  in  good  work- 
ing order  and  of  proper  size  and  character  to  give  sufficient 
warning  of  the  approach  of  such  vehicles  to  pedestrians  and  to 


532  PUBLIC  WAYS. 


riders  and  drivers  of  other  vehicles  and  to  persons  entering  or 
leaving  street  cars,  and  capable  of  making  an  abrupt  sound  suffi- 
ciently loud  to  be  heard  under  all  ordinary  conditions  of  traffic. 
Such  gong,  bell,  horn  or  other  signal  shall  not  be  sounded  except 
when  necessary  to  give  warning,  provided  that  no  such  gong, 
bell,  horn  or  other  signal  shall  produce  a  sound  unusually  loud, 
or  annoying,  or  of  distressing  character,  or  suph  as  will  frighten 
pedestrians  or  animals,  nor  shall  "sirens"  or  similar  instru- 
ments that  produce  unusually  loud,  annoying,  or  distressing 
sounds  be  used. 

But  the  last  above  provision  of  this  section  shall  not  apply  to 
public  ambulances,  vehicles  belonging  to  the  fire  or  police  de- 
partments of  the  city  of  Louisville,  or  vehicles  belonging  to  pub- 
lic service  corporations  required  to  respond  to  alarms  of  fire  or 
other  calls  of  emergency. 

§  30.  Emission  of  smoke,  etc.  No  person  operating  a  self- 
propelled  vehicle  shall  permit  the  motor  of  same  to  operate  in 
such  a  manner  as  to  visibly  emit  an  unnecessary,  undue,  or 
offensive  amount  of  steam,  smoke,  or  products  of  combustion 
from  exhaust  pipes  or  other  openings. 

§  31.  Machinery  not  to  be  left  running.  The  motor  or 
engine  of  any  motor  vehicle  shall  not  be  left  running  while  such 
vehicle  is  left  standing,  without  an  attendant,  on  any  public  way. 

§  32.  Unnecessary  noise — mufflers.  Every  vehicle  pro- 
pelled by  an  internal  combustion  engine  shall  be  equipped  with 
an  adequate  muffler  or  silencer,  or  other  device,  to  reduce  to  a 
minimum  the  noise  of  the  exhaust  from  such  engine.  Such 
muffler,  silencer,  or  other  device  shall  not,  at  any  time,  be  cut 
out,  and  no  person  operating  a  motor  vehicle  on  the  public  ways 
shall  permit  such  muffler,  silencer,  or  other  device,  or  the  pipes 
of  the  engine,  to  emit  sounds  of  exhaust  in  a  loud  and  annoying 
manner,  and  all  motor  vehicles  shall  be  operated  in  as  noiseless 
manner  as  possible. 

It  shall  further  be  unlawful  for  any  person  operating  any 
vehicle  to  cause  a  blast  or  any  signal  to  be  given  unnecessarily 
while  such  vehicle  is  standing  or  being  operated. 

§  33.  Lamps — standing  vehicles.  Every  motor  vehicle, 
whether  being  operated,  or  standing,  while  upon  any  public  way, 
shall  carry,  during  the  period  of  one  hour  after  sunset  to  one 
hour  before  sunrise,  and  at  such  other  times  as  atmospheric  con- 


PUBLIC  WAYS.  533 


ditions  render  the  operation  of  such  vehicles  on  such  public  ways 
without  reasonable  illumination,  dangerous  to  traffic,  lights  as 
follows : 

Motorcycles,  at  least  one  (1),  and  all  other  motor  vehicles  at 
least  two  (2)  lighted  lamps,  showing  white  or  tinted,  other  than 
red,  lights  visible  at  least  two  hundred  (200)  feet  in  the  direc- 
tion such  vehicle  is  headed,  and  at  least  ten  (10)  feet  on  either 
side  thereof. 

§  34.  Lamps — trailed  vehicles.  Every  motor  vehicle,  and 
every  vehicle  that  is  trailed  or  towed  by  another  vehicle,  shall, 
while  operated,  or  when  stationary  standing  or  at  rest,  on  any 
public  way,  during  the  period  mentioned  in  Section  33,  carry  at 
least  one  (1)  lighted  lamp  showing  a  red  light  visible  from  the 
rear,  and  throwing  a  white  light  of  sufficient  force  on  the  rear 
license  or  registration  marker  as  to  render  the  numerals  thereon 
visible  and  decipherable  for  at  least  fifty  (50)  feet  from  the 
rear  of  said  vehicle. 

§  35.  Lamps — on  moving  vehicles.  Every  motor  vehicle 
while  being  operated  on  any  public  way  shall  carry,  during  the 
period  mentioned  in  Section  33,  lights  as  follows: 

Motorcycles,  at  least  one  (1)  and  other  motor  vehicles  at  least 
two  (2)  lighted  lamps  showing  white  or  tinted,  other  than  red, 
lights  of  sufficient  force  to  clearly  reveal,  under  ordinary  atmos- 
pheric conditions,  substantial  objects  for  a  distance  of  at  least 
two  hundred  feet  ahead  of  said  vehicle ;  provided,  that  all  lights 
of  a  greater  strength  than  four  (4)  candle  power  which  are 
equipped  with  a  reflector  shall  be  so  designated,  arranged,  or  de- 
flected as  to  prevent  any  portion  of  the  main  shaft  or  beam  of 
clear  condensed  light  at  any  point  within  a  distance  of  seventy- 
five  (75)  feet  ahead  of  such  vehicle  to  rise  more  than  forty-two 
(42)  inches  above  the  surface  on  which  said  vehicle  rests. 

§  36.  Spot  lights  prohibited.  Spot  lights  are  prohibited 
from  being  used  on  any  public  ways  unless  for  emergency  in 
locating  or  reading  signs,  street  numbers,  or  for  similar  tempo- 
rary use,  unless  when  projecting  rays  of  light  directly  upon  the 
ground  at  a  distance  not  exceeding  thirty  (30)  feet  in  front  of 
the  vehicle  to  which  same  are  a/ttached. 

§  37.  Lamps — police  and  fire  department.  The  pro- 
visions of  the  foregoing  sections  as  to  the  use  of  dazzling  and 
glaring  headlights  and  spot  lights,  and  regulating  the  use  of  red 


534  PUBLIC  WAYS. 


lights  shall  not  apply  to  vehicles  of  the  police  and  fire  depart- 
ments, city  ambulance,  or  either  vehicles  of  public  service,  and  of 
other  corporations  or  concerns  which  respond  to  fires. 

§  38.  Lights  on  horse-drawn  vehicles.  It  shall  be  unlaw- 
ful for  any  person  to  use  or  leave  standing  any  horse-drawn 
vehicle  upon  any  public  way  during  the  period  from  one  hour 
after  sunset  to  one  hour  before  sunrise,  unless  a  lamp  or  light  be 
attached  thereto  suflficient  to  warn  persons  of  its  presence  or 
approach. 

§  39.  Lamps  on  bicycles.  It  shall  be  unlawful  for  any  per- 
son to  use  a  bicycle  upon  any  of  the  public  ways  of  the  city  of 
Louisville,  during  the  period  from  one  hour  after  sunset  to  one 
hour  before  sunrise,  unless  a  lamp  be  so  conspicuously  placed 
and  lighted  on  said  bicycle  as  to  warn  persons  of  its  presence  or 
approach. 

§  40.  Penalty — lights.  Any  person  who  shall  violate  any 
provision  of  this  ordinance  with  respect  to  lights  shall  be  fined 
not  less  than  five  ($5)  dollars  nor  more  than  twenty-five  ($25) 
dollars  for  each  offense,  provided,  any  person  who,  for  the  pur- 
pose of  avoiding  identification  or  arrest,  shall  extinguish  all  or 
any  lights  required  by  this  ordinance,  shall  be  fined  not  less  than 
twenty-five  ($25)  dollars  nor  more  than  one  hundred  ($100) 
dollars. 

§  41.  Passing  standing  street  cars.  When  any  street  car 
is  actually  taking  on  or  discharging  passengers  at  any  crossing 
or  intersection  of  any  street,  or  at  any  stopping  station,  it  shall 
be  the  duty  of  any  person  operating  a  motor  vehicle,  or  other 
vehicle,  going  in  the  same  direction,  to  stop  such  motor  vehicle, 
or  other  vehicle,  at  least  ten  feet  from  the  rear  of  such  street 
car  until  such  passengers  have  been  taken  on  such  street  car,  or 
have  been  discharged  therefrom. 

If  any  person  is  found  guilty  of  violating  the  provisions  of 
this  section,  he  shall  be  fined  not  less  than  ten  ($10)  dollars  nor 
more  than  fifty  ($50)  dollars. 

§  42.  Rights  of  way — certain  vehicles.  Vehicles  of  the 
police  department,  fire  department,  salvage  corps,  emergency 
repair  vehicles  of  public  service  corporations,  vehicles  carry- 
ing United  States  mail,  and  ambulances,  shall  have  the  right  of 
way  at  all  times,  in  any  public  way,  or  through  any  procession. 


PUBUC  WAYS.  535 


§  43.  Rights  of  way — vehicles  generally.  All  vehicles 
and  street  cars  going  in  an  easterly  or  westerly  direction  shall 
have  the  right  of  way  over  all  vehicles  or  street  cars  going  in  a 
northerly  or  southerly  direction. 

§  44.  Rights  of  way — street  cars.  Subject  to  Section  No. 
42  of  this  ordinance,  street  cars  shall  have  the  right  of  way  be- 
tween cross  streets  over  all  other  vehicles,  and  the  driver  or 
person  in  control  of  any  other  vehicle  proceeding  upon  a  track 
in  front  of  a  street  car  shall  immediately  turn  out  upon  a  signal 
from  the  motorman  or  driver  thereof. 

§  45.  Rights  of  way — passenger  vehicles.  Any  vehicle 
waiting  at  the  curb  shall  promptly  give  place  to  a  vehicle  about 
to  take  on  or  let  passengers  off. 

§  46.  Obstructing  traffic.  No  vehicle  or  street  car  shall 
occupy  any  street  so  as  to  unreasonably  interfere  with  or  inter- 
rupt the  passage  of  other  cars  or  vehicles. 

§  47.  Obstructing  street  cars.  No  street  car  shall  be  de- 
layed longer  than  one  (1)  minute  by  persons  loading  and  un- 
loading a  vehicle. 

§  48.  Horses  left  unattended.  No  horse  shall  be  left  un- 
attended in  any  public  way  unless  securely  fastened,  or  unless 
the  wheels  of  the  vehicle  to  which  he  is  harnessed  are  securely 
tied,  fastened  or  chained,  and  the  vehicle  is  of  sufficient  weight 
to  prevent  it  from  being  dragged  at  a  dangerous  speed  with  the 
wheels  so  secured. 

§  49.  Horses  unbitted.  No  horse  shall  be  unbitted  in  any 
public  way  unless  secured  by  a  halter. 

§  50.  Horses — when  to  be  unhitched.  No  person  in  any 
public  way  shall  remove  a  wheel,  pole,  shaft,  whiffletree,  splinter- 
bar,  or  any  other  part  of  a  vehicle,  or  any  part  of  the  harness  of 
any  horse  hitched  thereto  likely  to  cause  an  accident  if  the  horse 
should  start,  without  first  unhitching  the  horse  attached  to  said 
vehicle. 

§  51.  Partially  broken  horses.  No  person  shall  drive  upon 
the  public  ways  any  unduly  dangerous  or  partially  "broken" 
animal,  or  use  the  public  ways  for  the  purpose  of  "breaking" 
animals.  The  word  "breaking"  as  herein  used  refers  to  the  act 
of  accustoming  animals  to  the  saddle  and  harness  for  the  pur- 
pose of  subjecting  them  to  use  on  the  streets  or  for  sale  pur- 
poses. 


536  PUBLIC  WAYS. 


§  52.  Obscuring  driver's  view.  No  person  shall  drive  a 
vehicle  that  is  so  covered  in  as  to  prevent  the  driver  thereof 
from  having  a  sufficient  view  of  the  traffic  following  and  at  the 
sides  of  such  vehicle. 

§  53.  Covering  obnoxious  substances.  No  vehicle  contain- 
ing substances  or  objects  objectionable  to  the  eye  shall  be  driven 
through  the  public  ways  without  said  substances  or  objects  being 
covered  with  a  tarpaulin  or  other  covering. 

§  54.  Covering  garbage,  etc.  No  vehicle  containing  gar- 
bage, street  sweepings,  sawdust,  ashes,  or  any  substance  which 
is  likely  to  be  scattered  to  the  wind  shall  be  driven  through  the 
public  ways  without  such  wagon,  or  the  receptacles  containing 
such  substances  being  securely  covered,  and  all  such  vehicles 
shall  be  so  constructed  and  loaded  as  to  prevent  the  scattering 
or  dropping  of  such  substances  upon  the  streets  while  being 
driven  thereon. 

§  55.  Injurious  Substances  on  highways.  No  person  shall 
knowingly  throw  or  place,  or  cause  to  be  thrown  or  placed,  upon 
any  public  way  of  the  city  of  Louisville,  any  tacks,  nails,  wires, 
scrap  metal,  glass,  crockery,  or  other  substances  injurious  to  the 
feet  of  persons  or  animals,  or  to  the  tires  or  wheels  of  vehicles 
of  any  kind. 

§  56.  Careless  loading  or  driving.  No  person  shall  drive, 
conduct,  or  load  any  vehicle  in  such  a  manner  as  to  likely  cause 
a  blockade  on  any  public  way,  or  to  endanger  or  injure  persons 
or  property. 

§  57.  Noise-making  material.  No  person  shall  so  load  a 
vehicle  with  iron  or  other  material  that  may  strike  together  and 
produce  a  loud  noise  without  properly  muffling  it  so  that  it  shall 
cause  no  unnecessary  noise. 

§  58.  Age  and  condition  of  driver.  No  person  shall  operate 
a  motor  vehicle  upon  any  public  way,  whether  as  owner  or 
operator,  of  said  vehicle,  if  under  sixteen  (16)  years  of  age,  un- 
less accompanied  by  his  father,  mother  or  guardian,  nor  while 
under  the  influence  of  intoxicating  liquors  or  drugs,  and  no  per- 
son shall  take,  use,  or  operate  any  motor  vehicle  upon  the  public 
ways  without  the  permission  of  the  owner  thereof. 

Any  person  violating  this  section  shall  be  arrested,  and  if 
found  guilty,  shall  be  fined  in  a  sum  not  less  than  fifteen  (15) 
dollars,  nor  more  than  twenty-five  ($25)   dollars. 


PUBUC  WAYS.  537 


§  60,  Jumping  and  riding  on  rear  of  vehicles.  No  person 
shall  ride  on  or  jump  upon  the  rear  of  any  vehicle  without  the 
permission  of  the  driver  thereof,  and  no  person  shall  ride  on  any 
vehicle  with  the  body  protruding  beyond  the  limits  of  the  vehicle. 

§  61.  Cyclists  and  persons  using  roller  skates  clinging 
TO  OTHER  VEHICLES.  No  person  while  riding  a  bicycle,  or  using 
roller  skates,  shall  hold  or  cling  to  any  vehicle  or  street  car. 

§  62.  Bicycles  and  other  vehicles  on  sidewalks.  No  per- 
son shall  ride  any  bicycle,  velocipede,  tricycle,  or  other  vehicle 
upon  the  sidewalks  of  the  city  of  Louisville. 

§  63.  Misusing  whips.  No  one  shall  crack,  or  so  use  a  whip 
as  to  annoy,  interfere  with,  or  endanger  any  person,  or  excite 
any  horse  other  than  the  one  he  is  using. 

§  64.  Vehicles  left  standing  all  night  in  streets.  No 
vehicle  shall  be  left  unhitched  or  standing  in  the  public  ways  all 
night,  unless  in  case  of  emergency,  and  if  so  left,  a  light  must 
be  displayed  thereon. 

§  65.  Duties  to  pedestrians — "jay-walkers."  The  road- 
beds of  the  public  ways  are  primarily  intended  for  vehicles,  but 
pedestrians  have  the  right  to  cross  them  in  safety,  and  all  driv- 
ers of  vehicles  shall  exercise  all  proper  care  not  to  injure  pedes- 
trians ;  and  pedestrians  before  stepping  from  the  sidewalk  to  the 
roadbed,  should  look  to  see  what  is  approaching,  and  shall  not 
needlessly  interfere  with  the  passage  of  vehicles. 

What  is  known  as  "jay  walking"  is  prohibited.  "Jay  walking" 
is  defined  as  irregularly  crossing,  or  carelessly  walking  up,  down, 
in  or  across,  any  street  at  any  place,  and  without  proper  notice 
of  approaching  traffic.  Pedestrians  are  required  to  use  care  to 
avoid  collisions  or  accidents,  and  the  following  rules  are  hereby 
established  with  reference  to  the  use  of  the  streets  by  pedes- 
trians : 

(a)  Pedestrians  must  avoid  interference  with  vehicles  and 
traffic,  and  must  not  step  from  any  sidewalk  without  taking  care- 
ful notice  of  what  is  approaching. 

(b)  They  must  cross  all  streets  at  right  angles  to  the  direc- 
tion of  the  roadway  either  at,  or  between,  intersections,  at  such 
places  as  persons  are  not  forbidden  to  cross  between  intersec- 
tions. 


538  PUBLIC  WAYS. 


At  all  places  where  traffic  officers  are  stationed,  pedestrians 
shall  watch  and  obey  the  signals  of  such  officers,  and  shall  follow 
the  designated  sidewalk  lines  and  the  streams  of  traffic. 

(c)  Upon  the  streets  herein  set  forth  persons  shall  not  be 
permitted  to  cross  the  streets  except  at  regularly  established 
crossings  for  pedestrians. 

Such  crossings  are  declared  to  be  at  each  intersecting  street 
a  continuation  of  the  sidewalk  lines  of  one  street  across  its  in- 
tersecting street,  and  such  other  places  as  may  have  clearing  de- 
fined foot  crossings  marked  upon  the  street,  or  designated  and 
suitably  and  clearly  marked  as  such  by  the  police  department 
under  orders  of  the  Board  of  Public  Safety. 

The  streets  referred  to  in  this  section  are  Second,  Third, 
Fourth  and  Fifth  streets,  from  Main  to  Broadway,  and  Main, 
Market,  Jefferson,  Liberty,  Walnut,  Guthrie,  Chestnut  and 
Broadway,  from  Second  to  Sixth  streets. 

(d)  They  shall  keep  to  the  right  in  moving  along  the  side- 
walk; and  in  congested  sections  pedestrians  shall  not  stand  on 
the  sidewalk,  but  shall  keep  moving. 

(e)  They  shall  not,  on  alighting  from  any  street  car,  cross  to 
the  opposite  side  of  the  street,  going  behind  said  street  car, 
until  such  car  has  moved  away  and  it  thereupon  appears  that 
the  way  is  clear  for  the  safe  passage  of  any  such  pedestrian 
across  the  street.  In  all  other  cases  pedestrians  alighting  from 
street  cars  shall  proceed  directly  to  the  right  hand  curb. 

§  66.  Tampering  with  vehicles.  It  shall  be  unlawful  for 
anyone,  without  the  consent  of  the  owner  or  person  in  control 
thereof,  to  tamper  with  any  motor  vehicle,  or  other  vehicle, 
while  the  same  is  standing  upon  any  public  way  of  the  city  of 
Louisville. 

§  67.  Frightened  horses.  Whenever  it  shall  appear  that 
any  horse  ridden  or  driven  by  any  person  upon  any  public  way 
of  the  city  of  Louisville,  is  about  to  become  frightened  by  the 
approach  of  any  motor  vehicle,  it  shall  be  the  duty  of  the  person 
driving  or  conducting  such  motor  vehicle,  to  cause  same  to  come 
to  a  full  stop  until  such  horse  or  horses  shall  have  passed. 

§  68.  Duty  in  case  of  collision.  Any  person  who  while 
riding,  or  driving,  any  horse,  or  operating  or  propelling  any 
vehicle,  or  who,  while  engaged  in  any  other  method  of  locomo- 
tion, shall,  on  a  public  way  of  the  city  of  Louisville,  run  against, 


PUBLIC  WAYS.  539 


over  or  into  any  other  person,  vehicle,  or  other  personal  prop- 
erty in  possession  of  any  other  person,  in  such  manner  as  may 
injure  or  damage  such  other  person  or  property,  and  who  shall 
not  immediately  stop  to  ascertain  the  extent  of  such  injury  or 
damage,  and  to  render  such  assistance  as  may  be  needed,  or  who 
shall  refuse  to  give  his  or  her  true  name  and  residence  when  so 
requested  by  the  person  injured,  or  whose  property  is  so  injured, 
or  by  any  other  person  in  his  or  her  behalf,  or  by  any  peace 
officer,  shall  be  fined  not  less  than  five  ($5)  dollars  nor  more 
than  one  hundred  ($100)  dollars  for  each  such  offense. 

§  69.  Obedience  to  traffic  officer,  etc.  Drivers  must  at 
all  times  comply  with  any  direction  given  by  voice,  hand,  sema- 
phore, whistle,  or  other  signal,  or  device,  of  an  officer  of  the 
police  force  as  to  stopping,  starting,  approaching,  or  departing 
from  any  place  and  also  as  to  the  manner  of  taking  on  or  letting 
off  passengers,  and  the  loading  or  unloading  of  vehicles. 

§  70.  In  narrow  streets  and  alleys.  In  all  streets  and 
alleys  that  are  less  than  fifteen  (15)  feet  in  width,  vehicles  must 
enter  from  the  north  and  east  ends  of  such  streets  and  alleys, 
and  said  vehicles  shall  be  thus  headed  at  all  times  while  in  such 
streets  and  alleys,  and  in  leaving  must  leave  through  the  south 
and  west  ends  of  such  streets  and  alleys. 

§  71.  Emerging  from  alleys,  garages,  and  stables.  No 
vehicles  shall  emerge  from  any  street  or  alley,  mentioned  in  Sec- 
tion 70  or  from  any  stable  or  garage,  at  a  rate  of  speed  faster 
than  five  miles  an  hour. 

§72.  Permits  "for  parades.  No  person,  society,  organiza- 
tion or  company  shall  conduct  or  organize  a  parade  through  the 
streets  of  the  city  of  Louisville  without  obtaining  a  permit  there- 
for from  the  office  of  the  Chief  of  Police. 

§  73.  Printed  copies  to  be  posted.  It  shall  be  the  duty  of 
the  police  department  to  post  in  all  public  stables  and  garages, 
printed  copies  of  this  ordinance,  and  to  keep  printed  copies  here- 
of at  all  police  stations,  and  issue  them  upon  application  there- 
for. 

It  shall  be  the  duty  of  the  owners  and  operators  of  public 
stables  and  garages  to  keep  printed  copies  of  this  ordinance 
posted  in  their  stables  and  garages. 

The  police  department,  with  the  approval  of  the  Board  of 
Public  Safety,  may  designate  by  painted  lines  on  pavements,  or 


540  PUBLIC  WAYS. 


streets,  or  otherwise,  lines  of  travel  for  pedestrians  at  such 
points  as,  under  the  provisions  of  this  ordinance,  may  be  re- 
quired, or  permitted  for  the  safety  of  the  traveling  public,  and 
under  the  approval  of  the  Board  of  Public  Safety,  the  police  de- 
partment may  adopt  or  employ  such  signals,  and  signal  devices, 
as  may  be  deemed  necessary  or  proper  for  the  safe  handling  of 
traffic  in  the  city  of  Louisville. 

§  74.  Further  penalties.  Any  person,  firm,  or  corporation 
violating  any  provision  of  Sections  13,  46,  53,  55  and  69  of  this 
ordinance  shall  be  fined  in  any  sum  not  less  than  ten  ($10)  dol- 
lars, and  not  more  than  fifty  ($50)  dollars,  or  imprisoned  in  the 
county  jail  not  less  than  five  (5)  days  nor  more  than  thirty  (30) 
days,  or  both  so  fined  and  imprisoned,  in  the  discretion  of  the 
court  or  jury,  provided,  however,  that  where  the  vehicle  in- 
volved in  such  violation  is  not  a  motor  vehicle,  the  fine  for  any 
violation  of  said  sections  shall  not  be  less  than  five  ($5)  dollars 
nor  more  than  fifty  ($50)   dollars. 

Any  person,  firm  or  corporation  violating  any  provision  of 
this  ordinance,  for  which  a  penalty  is  not  otherwise  provided, 
shall  be  fined  in  a  sum  not  less  than  five  ($5)  dollars  nor  more 
than  fifty  ($50)  dollars. 

But  nothing  in  this  ordinance  shall  be  construed  to  decrease 
or  diminish  the  penalties  prescribed  therein  by  the  Act  of  Gen- 
eral Assembly  of  the  Commonwealth  of  Kentucky  entitled  '*An 
Act  to  regulate,  license  and  govern  the  use  of  motor  vehicles," 
approved  March  20,  1914,  or  by  an  act  of  the  General  Assembly 
of  the  Commonwealth  of  Kentucky  entitled  "An  Act  to  repeal 
and  re-enact  Subsection  4  of  Section  2739  Kentucky  Statutes 
(Carroll's  Edition  of  1915)  relating  to  motor  vehicles,"  approved 
March  26,  1918. 

§  75.  Repeals.  The  following  ordinance  is  hereby  repealed : 
An  ordinance  entitled  "An  ordinance  regulating  the  moving, 
travel  and  traffic  upon  the  public  streets  and  highways  of  the 
city  of  Louisville  and  providing  a  punishment  for  any  violation 
thereof,"  approved  September  23,  1914. 

§  76.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Appi'oved  June  28,  1918.) 


PUBLIC  WAYS.  541 


(14)  PUBLIC  WAYS— RIGHT   OF   WAY. 
When  Ambulances  and  Physicians  May  Have  Such  Right. 

AN  ORDINANCE  regulating  rights  of  way  and  permit  there- 
for. 
Be  it  ordmned  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  ambulances  in  all  the  departments  under  the 
Board  of  Public  Safety,  while  engaged  in  going  for  or  in  carry- 
ing any  sick  or  wounded  person  or  persons,  shall  have  the  right 
of  way  in  the  public  ways  of  the  city  as  against  any  person,  con- 
versance, or  incumbrance  put,  driven  or  being  in  said  public 
ways,  and  no  person  or  persons  shall  obstruct  any  such  ambu- 
lance while  so  engaged,  if  there  shall  be  opportunity  to  get  out 
of  the  way  of  same. 

§  2.  All  physicians  who  shall  have  the  permit,  and  wear  and 
exhibit  the  badge  hereafter  provided  for,  shall,  while  engaged 
in  answering  calls  for  their  professional  services,  have  the  right 
of  way  in  the  public  ways  of  the  city  for  themselves  and  their 
vehicles  as  against  any  person,  conveyance  or  incumbrance  put, 
driven  or  being  in  said  public  ways,  except  the  ambulance  men- 
tioned in  the  preceding  section  of  this  ordinance,  and  such  phy- 
sician shall  be  allowed,  without  delay,  to  cross  all  processions 
and  to  pass  through  crowds  or  other  public  gatherings  in  said 
public  way. 

§  3.  It  shall  be  the  duty  of  the  health  officer  to  issue  annually, 
without  charge,  on  written  application  therefor,  a  permit  over 
his  official  signature,  to  continue  in  force  for  one  year,  to  any 
practicing  physician,  who  shall  have  been  licensed  by  the  State 
Board  of  Health  and  shall  have  paid  his  license  tax,  if  any,  due 
to  the  city;  and  the  health  officer  shall  also  deliver  with  said 
permit  to  such  physician  a  suitable  badge  of  such  design  as  he 
may  adopt,  w^hich  shall  be  exhibited  by  such  physician  when  he 
shall  demand  of  any  person  or  persons  the  right  of  way,  as  pro- 
vided for  in  Section  two  of  this  ordinance. 

§  4.  It  shall  be  the  duty  of  the  health  officer  to  .obtain  from 
the  State  Board  of  Health  a  certified  list  of  all  physicians  licensed 
by  said  board  and  practicing  in  the  city  of  Louisville,  and  from 
the  secretary  and  treasurer  of  the  Board  of  Sinking  Fund  Com- 
missioners of  the  city,  annually,  a  certified  list  of  all  physicians 
who  have  paid  their  license  tax  as  may  be  required  by  law  or 


542  PUBLIC  WAYS. 


ordinance,  and  no  permit  for  right  of  way  shall  be  issued  by 
the  health  officer  to  any  physician  whose  name  is  not  in  said 
certified  list. 

§  5.  It  shall  be  unlawful  for  the  gates  at  any  railway  cross- 
ing of  a  public  way  in  the  city  to  be  kept  down,  or  such  cross- 
ing to  be  obstructed,  so  that  ambulances  or  physicians  shall  be 
unable  to  cross  such  railway  for  a  longer  period  than  five  min- 
utes at  any  one  time. 

§  6.  Any  person  or  corporation  who  shall  fail  or  refuse  on 
demand  to  yield  the  right  of  way  to  an  ambulance  or  physician, 
as  provided  for  in  this  ordinance,  when  it  is  possible  to  do  so, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall 
be  fined  not  less  than  twenty-five  dollars  ($25)  nor  more  than 
one  hundred  dollars   ($100)  for  each  offense. 

§  7.     All  ordinances  in  conflict  herewith  are  hereby  repealed. 

§  8.  This  ordinance  shall  take  effect  from  its  passage.  (Ap- 
proved January  15,  1898.) 


(15)  PUBLIC  WAYS— RIGHT  OF  WAY. 

Fire  Department  and  Salvage  Corps. 

AN  ORDINANCE  to  better  insure  the  right  of  way  of  vehicles 
belonging  to  the  fire  department  or  salvage  corps  on  the 
streets  of  Louisville. 

Be  it  orduined  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  in  order  to  better  protect  the  life  and  property 
of  citizens  of  the  city  of  Louisville  it  shall  be  the  duty  of  every 
driver  of  any  wagon,  cart,  carriage,  bus,  coupe,  hack  or  any 
other  vehicle  of  any  description  to  drive  to  the  curbing  of  the 
street  whenever  the  sound  of  the  fire  gong  announces  the  ap- 
proach of  a  vehicle  or  apparatus  of  the  fire  department  or  salvage 
corps  going  to  a  fire. 

§  2.  Any  violation  of  the  provisions  of  this  ordinance  shall 
be  punished  by  a  fine  of  not  less  than  five  ($5)  nor  more  than 
fifty  ($50)  dollars  for  each  offense. 

§  3.  All  ordinances  or  parts  of  ordinances  in  conflict  with 
the  provisions  of  this  ordinance  are  hereby  repealed. 


PUBLIC  WAYS.  543 


§  4.     This  ordinance  is  to  go  into  effect  from  and  after  its 
passage  and  publication.     (Approved  February  12,  1910.) 
(See  next  ordinance;  also   (3)  Fire  Department.) 


(16)  PUBLIC  WAYS— RIGHT  OF  WAY. 
Right  of  Salvage  Corps  on  Streets  and  to  Enter  Buildings. 

AN  ORDINANCE,  Whereas,  the  Louisville  Salvage  Corps,  in- 
corporated under  the  laws  of  the  State  of  Kentucky,  main- 
tains a  corps  of  men  whose  duty  it  is  to  discover  and  pre- 
vent fires,  and  to  provide  and  maintain  suitable  apparatus 
for  the  saving  of  life  and  personal  property  before,  at  and 
after  fires,  and  to  that  end  acts  in  conjunction   with  the 
fire  department  of  the  city  of  Louisville,  and  to  that  extent 
exercises  a  public  function  and  service  to  the  people  of  the 
city  of  Louisville. 
Be  it  orduined  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  subject  to  the  right  of  way  of  the  apparatus  of 
the  fire  department  and  police  department  of  the  city  of  Louis- 
ville, the  apparatus  of  the  Louisville  Salvage  Corps  shall  have 
the  right  of  way  over  and  along  the  public  ways  of  the  city  in 
proceeding  to  a  fire. 

§  2.  To  enable  the  officers  and  men  of  said  Louisville  Salvage 
Corps  to  act  with  promptness  and  efficiency  such  officers  and 
men  may  enter  any  building  on  fire  or  which,  in  their  judgment, 
is  exposed  to  or  in  danger  of  taking  fire  from  other  burning 
buildings  for  the  purpose  of  protecting  and  saving  lives  and 
property  before,  at  and  after  fires. 

§  3.  The  officers  and  men  of  said  Louisville  Salvage  Corps, 
with  their  teams  and  apparatus,  while  proceeding  to  and  at  a 
fire,  shall  be  subject  to  control  and  regulation  of  the  Board  of 
Public  Safety  of  the  city  of  Louisville. 

§  4.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage. {Approved  December  10,  1913.)  (See  also  (3)  Fire  De- 
partme7it.) 


544  PUBLIC  WAYS. 


(17)    PUBLIC  WAYS— RIGHT  OF  WAY. 

Ambulances. 

AN   ORDINANCE   establishing   the   right   of   way  for   ambu- 
lances. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  The  ambulances  of  the  Department  of  Public  Safety, 
while  engaged  in  going  for  or  in  carrying  sick  or  wounded  per- 
sons, shall  have  the  right  of  way  in  the  streets  of  the  city,  as 
against  any  person,  carriage,  or  incumbrance,  put,  driven,  or 
being  in  said  streets;  and  no  person  shall  obstruct  said  ambu- 
lances while  so  engaged,  if  there  shall  be  an  opportunity  to  get 
out  of  the  way  of  the  same. 

§  2.  For  the  violation  of  the  provisions  of  this  ordinance  the 
person  shall  be  fined  $10. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  February  20,  1895.) 


(18)  PUBLIC   WAYS— USE   AND   PROTECTION. 

Automobile — Pound  for. 

AN  ORDINANCE  to  establish  an  automobile  pound  in  the  city 

of  Louisville,  Kentucky. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.     There  is  hereby  created  in  the  city  of  Louisville  a  pound 

for  the  impounding  of  automobiles  and  other  vehicles  of  any 

character,  which  is  hereby  designated  as  ''Automobile  Pound." 

§  2.  The  Board  of  Public  Safety  is  hereby  empowered  and 
directed  to  locate  said  pound  on  such  portion  or  portions  of  the 
streets  or  grounds  of  the  city  of  Louisville  as  may  seem  appro- 
priate for  such  purpose,  and  as  may  be  necessary  to  accommo- 
date the  vehicles  impounded;  and  may  change  the  location  of 
such  pound  whenever  such  change  appears  to  the  Board  of  Pub- 
lic Safety  necessary  or  desirable.  The  chief  of  police  shall  desig- 
nate an  officer  or  officers  of  the  police  department  to  remain  in 
attendance  at  said  pound  for  the  purpose  of  receiving,  safeguard- 
ing and  discharging  vehicles,  and  collecting  the  fees  Hereinafter 
provided. 


PUBLIC  WAYS.  545 


§  3.  Whenever  any  vehicle  is  found  by  a  police  officer  parked 
or  left  standing  in  the  streets  or  other  public  ways  of  the  city 
of  Louisville  in  violation  of  the  provisions  of  any  ordinance  of 
the  city  of  Louisville,  such  police  officer  may  remove  and  convey 
or  cause  to  be  removed  and  conveyed  such  vehicle  by  means  of 
towing  the  same,  or  otherwise,  to  the  automobile  pound ;  and 
thereupon,  such  vehicle  shall  not  be  discharged  or  removed  from 
said  pound  except  by  payment  by  the  owner,  driver  or  operator 
of  such  vehicle,  of  a  fee  of  three  dollars  ($3.00)  to  the  officer 
in  charge  of  said  pound.  When  the  owner,  driver  or  operator 
of  a  vehicle  so  impounded  presents  himself  at  the  pound  to  claim 
his  vehicle,  it  shall  be  the  duty  of  the  officer  in  charge  of  the 
pound  to  inform  such  owner,  driver  or  operator  of  the  nature 
and  circumstances  of  the  violation  on  account  of  which  such 
vehicle  has  been  impounded.  In  case  the  owner,  driver  or  oper- 
ator of  any  vehicle  so  impounded  executes  an  affidavit  denying 
the  facts  upon  which  the  pounding  of  such  vehicle  has  been  based 
and  protesting  against  the  payment  of  such  impounding  fee, 
there  shall  be  given  him  by  the  officer  in  charge  of  such  pound 
upon  payment  by  such  person  of  the  said  impounding  fee,  a  re- 
ceipt for  the  same  marked  "paid  under  protest,"  bijt  in  such 
case  it  shall  thereupon  be  the  duty  of  the  officer  having  knowl- 
edge of  the  facts  to  forthwith  make  complaint  in  the  Police  Court 
of  the  city  of  Louisville  under  such  provision  or  provisions  of 
the  ordinance  or  ordinances  which  may  have  been  violated  on 
account  of  which  alleged  violations  such  vehicle  was  impounded, 
charging  the  owner,  driver  or  operator  of  such  vehicle  with  such 
violation  or  violations,  and  thereupon  said  court  shall  try  and 
determine  said  charge  as  other  violations  of  said  ordinances  are 
tried  and  determined  by  said  court.  If  any  such  person  is 
thereupon  found  not  guilty  by  said  court  upon  such  charges,  it 
shall  thereupon  be  the  duty  of  the  chief  of  police  to  refund  to 
such  person  said  fee  of  three  dollars  ($3.00)  so  paid  under  pro- 
test. 

§  4.  It  shall  be  the  duty  of  the  chief  of  police  to  account  for 
the  fees  collected  by  him  under  the  provisions  of  this  ordinance 
into  the  city  treasury.  He  shall  also  keep  a  record  of  the  names 
of  the  owners  of  all  vehicles  impounded,  the  numbers  of  their 
license  tags,  the  nature,  circumstances  of  each  violation  in- 
volved, and  the  disposition  of  each  case. 


546  PUBLIC  WAYS. 


§  5.  Nothing  in  this  ordinance  shall  be  construed  as  super- 
seding any  provision  of  any  other  ordinance  concerning  the 
proper  parking  or  operation  of  vehicles  of  any  character  in  the 
city  of  Louisville;  and  the  impounding  of  any  vehicle  and  the 
collection  of  any  fee  therefor  under  the  provisions  of  this  ordi- 
nance shall  not  prevent  or  preclude  prosecution  for  the  violation 
of  any  provisions  of  any  other  ordinance  of  the  city  of  Louis- 
ville concerning  the  parking  or  operation  of  vehicles  in  the  city 
of  Louisville. 

§  6.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  December  31,  1918.) 


(19)  PUBLIC  WAYS— USE  AND  PROTECTION. 

Regulating  Use  of  Roller  Skates  on  Sidewalks. 

AN  ORDINANCE   regulating  the   use  of  roller  skates  in  the 
city  of  Louisville. 

Whereas,  The  use  of  roller  skates  upon  the  sidewalks  of  the 
city  of  Louisville  is  materially  injuring  said  sidewalks;  and 

Whereas,  The  safety  of  pedestrians  using  said  sidewalks  is 
endangered  by  the  persons  using  roller  skates  thereon ;   now, 
therefore. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  unlawful  for  any  person  to  skate  upon 
the  sidewalks  of  the  city  of  Louisville. 

§  2.  That  the  word  sidewalks  herein  shall  be  construed  to 
include  sidewalks,  crossings  or  ways  used  and  maintained  for 
the  use  of  pedestrians  in  the  city  of  Louisville. 

§  3.  Any  person  violating  the  provisions  of  this  ordinance 
shall  be  fined  not  less  than  five  dollars  ($5)  nor  more  thaji 
twenty-five  dollars  ($25)  for  each  offense. 

§  4.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  May  8,  1913.) 


PUBLIC  WAYS.  547 


(20)   PUBLIC  WAYS— USE  AND  PROTECTION. 
Regulating  the  Use  in  General. 

AN  ORDINANCE  regulating  the  use  of  public  ways  in  the  city 

of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  it  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration to  place  or  maintain  any  vehicle  of  any  kind  upon  or 
over  any  sidewalk  or  any  part  of  any  sidewalk. 

§  2.  It  shall  be  unlawful  for  any  person,  firm  or  corporation 
to  lead,  ride,  or  drive,  or  place  any  beast  of  burden  or  vehicle 
on  or  over  any  sidewalk,  otherwise  than  in  going  to  or  from  the 
premises  occupied  or  owned  by  such  person,  firm,  or  corporation, 
or  another,  and  then  only  at  such  time,  and  in  such  way  and 
manner,  as  will  not  interrupt  or  inconvenience  the  traveling 
public. 

§  3.  It  shall  be  unlawful  for  any  person,  firm  or  corporation 
to  use  or  occupy  any  part  of  any  sidewalk,  street,  alley,  or  public 
way  in  shoeing  or  trying  to  shoe  a  horse  or  other  animal,  or 
for  the  purpose  of  heating  or  putting  on  wheel  tires,  or  burning 
or  destroying  any  waste  or  refuse  matter  of  any  kind, 

§  4.  It  shall  be  unlawful  for  any  person,  firm  or  corporation 
to  erect,  keep,  or  maintain  upon  or  cover  any  sidewalk,  street, 
alley,  or  public  way  within  the  corporate  limits  of  the  city  of 
Louisville,  or  upon  or  over  any  part  of  such  sidewalk,  street, 
or  alley,  or  public  way,  any  house,  fence,  wall,  building,  or  struc- 
ture of  any  kind,  or  any  post,  rail,  or  other  things  that  may  in 
any  way  obstruct,  either  total  or  partial,  such  street,  alley,  or 
sidewalk,  or  that  may  in  any  way  prevent  or  impede  the  full 
and  free  use  by  the  public  of  such  entire  sidewalk,  street,  alley, 
or  public  way. 

§  5.  It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion to  inclose  in  any  manner,  either  totally  or  partially,  any 
sidewalk,  street,  alley,  public  way  or  any  part  of  any  sidewalk, 
street,  alley,  or  public  way,  with  any  fence,  wall,  or  other  struc- 
utre,  or  in  any  manner  whatever,  except  as  may  be  provided  by 
ordinance. 

§  6.  It  shall  be  unlawful  for  any  person,  firm  or  corporation 
to  place,  keep,  or  maintain  on  any  sidewalk,  street,  alley,   or 


548  PUBLIC  WAYS. 


public  way  any  wood,  coal,  lime,  sand,  brick,  stone,  lumber,  or 
anything  whatever,  except  as  herein  provided. 

§  7.  It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion to  dig,  break,  displace,  injure,  or  interrupt  in  any  manner 
any  pavement,  sidewalk,  curbing,  street,  alley,  or  public  way, 
except  in  making  improvements  to  adjoining  lots,  or  for  public 
purposes, 

§8.  Whoever  shall  dig  or  displace,  injure  or  interrupt  any 
part  of  any  sidewalk,  pavement,  street,  or  alley,  or  public  way, 
or  curbing,  in  making  improvements  in  or  upon  adjoining  lots, 
or  for  public  purposes,  shall  replace  the  same  in  its  original 
condition  within  twenty-four  hours  after  the  completion  of  the 
work. 

§  9.  Any  person,  firm  or  corporation  engaged  in  doing,  or 
causing  to  be  done,  any  work  which  makes  it  necessary  for 
bricks,  stone,  dirt,  sand,  gravel,  vessels,  or  other  litter,  or  thing 
to  be  placed  in  or  on  any  sidewalk,  shall  remove  the  same,  to- 
gether with  all  litter  or  refuse  matter  caused  by  the  work,  or 
which  may  not  have  been  used,  within  twenty-four  hours  after 
completion  of  the  work. 

§  10.  Any  person,  firm  or  corporation  engaged  in  doing  or 
causing  to  be  done,  any  work  which  makes  it  necessary  for 
bricks,  stone,  dirt,  sand,  gravel,  vessels,  or  other  litter,  or  any- 
thing to  be  placed  in  or  on  any  street,  alley,  or  public  way,  shall 
remove  the  same,  together  with  all  litter  or  other  substance  or 
refuse  matter  remaining  after  said  work  is  completed,  within 
three  days  after  the  completion  of  the  work. 

§  11.  It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion to  use  any  sidewalk,  or  street,  or  alley,  either  in  whole  or 
in  part,  for  the  purpose  of  vending  any  article  whatever,  or 
conducting  any  business,  occupation,  or  trade,  or  advertising  any 
business,  occupation,  or  trade, 

§  12.  It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion to  throw,  pour,  or  permit,  or  cause  to  be  run  over  any  side- 
walk, street,  or  alley,  or  any  part  thereof,  any  slop,  refuse  mat- 
ter of  any  kind,  filthy  or  hot  water,  steam  water  of  any  kind, 
impure  liquids,  or  liquids  or  offal  of  any  kind,  or  to  permit  any 
person  in  his,  her,  their,  or  its  employ  to  do  so. 

§  13,  It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion to  place  or  throw  on  any  sidewalk  any  filth,  waste,  or  re- 


PUBLIC  WAYS.  549 


fuse  matter,  or  offal  of  any  kind,  or  any  orange-peel,  banana- 
peel,  or  the  peel,  skin  or  rind  of  any  other  fruit,  vegetable,  or 
things,  or  permit  any  one  in  his,  their,  or  its  employ  to  do  so. 

§  14.  It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion to  leave  any  vehicle,  or  any  other  thing  that  may  be  a 
nuisance  or  obstruction,  or  hindrance  in  or  upon  any  street,  or 
alley,  or  sidewalk  within  the  city,  either  during  the  day  or  night. 

§  15.  For  the  purpose  of  erecting  houses  or  other  improve- 
ments on  lots  adjacent  to  any  street,  sidewalk,  or  alley,  no  per- 
son, firm  or  corporation  shall  use  more  than  orie-third  of  the 
width  of  said  street  fronting  said  improvement  for  material  for 
making  and  conducting  said  improvement,  but  no  material  or 
substance  of  any  kind  shall  be  placed  or  allowed  to  fall  or  re- 
main in  the  gutter  of  such  street,  such  use  of  the  street  to  be 
temporary  'and  until  such  improvement  shall  have  been  com- 
pleted, and  such  improvement  shall  be  completed,  without  un- 
necessary delay.  When  such  houses,  structures,  or  improve- 
ments described  in  this  section  shall  extend  above  one  story,  it 
shall  be  the  duty  of  the  builders,  architects,  and  owner  to  erect 
a  temporary  shed  or  structure  over  the  entire  sidewalk  adja- 
cent to  which  such  improvement  is  being  made,  with  a  roof  of 
sufficient  strength  to  resist  the  force  of  all  material  which  may 
fall  from  the  walls  of  such  improvement  as  the  work  progresses, 
which  will  protect  those  passing  along  such  sidewalk.  Such 
shed  or  structure  so  erected  for  the  protection  of  those  passing 
along  and  over  the  said  sidewalk  shall  be  so  erected  as  not  to  in- 
terfere with  or  obstruct  public  travel,  and  not  to  injure  the 
street,  curbing,  guttering,  or  sidewalk,  and  shall  be  removed 
within  three  days  after  the  completion  of  said  house  or  struc- 
ture, 

§  16.  Nothing  in  this  ordinance  shall  be  construed  to  pro- 
hibit the  necessary,  temporary  use  of  the  sidewalks,  by  night 
or  day,  while  actually  shipping  or  receiving  goods,  wares,  or 
merchandise  of  every  kind,  and  for  putting  up  coal,  or  other 
fuel,  provided  sufficient  passway  is  left  for  pedestrians. 

§  17.  It  shall  be  unlawful  to  allow  or  permit  the  flow  of  water 
of  any  kind,  from  any  drain  or  other  pipes,  in  or  upon  any 
street,  alley,  or  sidewalk,  or  public  way  during  the  making,  re- 
pairing, or  reconstruction  of  such  street,  alley,  or  sidewalk  in 


550  PUBLIC  WAYS. 


such  manner  as  to  interfere  with,  retard,  or  interrupt  such 
making,  repairing,  or  reconstruction  of  such  street,  alley,  or 
sidewalk. 

§  18.  When  any  use  of  any  street,  sidewalk,  alley  or  public 
way  is  made  as  allowed  by  law,  all  such  obstructions  shall  be 
safely  guarded  in  such  manner,  and  with  sufficient  necessary 
red  lights  at  night  as  to  protect  all  those  traveling  or  passing 
upon  such  streets,  alleys,  sidewalks,  or  public  ways,  against  in- 
jury from  such  obstruction. 

§  19.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  fined  in  any  sum  not  less 
than  five  ($5)  dollars  nor  more  than  fifteen  ($15)  dollars  for 
each  offense,  and  ten  ($10)  dollars  for  every  twenty-four  hours 
over  the  time  any  person,  firm  or  corporation  who  or  which 
may  cause  or  permit  such  unlawful  obstruction  of  any  kind  to 
remain  in  or  on  any  of  the  public  ways,  sidewalks,  streets,  or 
alleys  of  the  city. 

§  20.  All  ordinances  and  resolutions  in  conflict  herewith,  or 
not  in  conformity  herewith,  are  hereby  repealed. 

§  21.  An  ordinance  entitled  ''An  ordinance  to  regulate  the 
use  of  public  ways,"  approved  March  25,  1884,  is  hereby  re- 
pealed. 

§  22.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage.     (Approved  September  16,  1895.) 

(See  also  Vehicles;  Spitting;  Stock  Law;  Trees  on  Public 
Ways;  Garbage;  Right  of  Way;  (4)  Railroads;  Railroad  Tracks 
— Permits. ) 


(21)   PUBLIC  WAYS— USE  AND  PROTECTION. 

Cellar  Doors  and  Condition  of  Cellars. 

AN  ORDINANCE  regulating  the  use  of  public  ways  for  cellar 

doors. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

It  shall  be  unlawful  for  any  person  to  permit  his  cellar  door 
or  cellar-way,  on  any  public  way  in  said  city,  to  be  left  open  at 
any  time.  It  shall  be  unlawful  for  any  person  to  permit  any 
cellar  door,  cellar-way,  or  grating  to  any  vault,  or  in  any  pub- 


PUBLIC  WAYS.  551 


lie  way  in  said  city,  belonging  to  premises  owned  or  occupied 
by  him,  to  be  in  an  insecure  condition,  or  in  such  condition  as 
to  endanger  passers-by.  It  shall  be  unlawful  for  any  person 
to  place,  keep,  or  maintain  on  any  sidewalk,  street,  or  alley, 
any  cellar  door,  cellar-way,  or  steps  leading  into  any  cellar 
door  or  cellar-way  that  is  otherwise  than  level  with  the  ad- 
joining pavement,  and  that  extends  more  than  four  feet  from 
the  line  of  the  adjoining  lot.  All  cellars  shall  be  kept  dry  and 
well  aired,  and  free  from  standing  water,  putrefying  and  noxi- 
ous vapors  and  smells,  and  during  the  months  of  June,  July, 
August  and  September,  well  sprinkled  with  lime  or  some  other 
disinfectant,  when  necessary.  Any  person  violating  any  pro- 
vision of  this  ordinance  shall  be  fined  not  less  than  five  ($5) 
nor  more  than  twenty  dollars  ($20)  for  each  offense.  {Approved 
May  9,  1871.) 


(22)   PUBLIC  WAYS— USE  AND  PROTECTION. 
Opening  Cellar  Doors  or  Gratings. 

AN  ORDINANCE  to  prevent  certain  obstructions  to  sidewalks. 
Be  it  ovdmned  by  the  General  Council  of  the  city  of  Louisville:. 

§  1.  That  hereafter  it  shall  be  unlawful  for  any  person  to 
permit  or  keep  open  any  grating  or  cellar  door  or  way  in  any 
sidewalk  on  any  street,  or  thereby  to  prevent  the  free  and  un- 
obstructed use  by  pedestrians  of  the  entire  sidewalk  from  the 
line  of  the  property  abutting  on  such  street  to  the  curb  of  the 
carriageway  thereof,  except  for  the  time  such  opening  into  the 
sidewalk  is  being  actually  used  for  taking  things  into  or  out 
of  the  cellar  or  basement  with  which  such  openings  shall  com- 
municate or  be  connected,  and  when  such  actual  use  ceases,  the 
grating  or  cellar  door  in  sidewalk  shall  be  closed  on  a  level  with 
the  sidewalk,  and  securely  fastened  by  the  persons  owning,  occu- 
pying or  using  the  same,  so  that  pedestrians  may  safely  and 
without  obstruction  use  the  full  width  of  the  sidewalk,  including 
the  space  therein  covered  by  such  grating  or  cellar  door  or  way. 

§  2.  That  any  person  who  shall  violate  any  provision  of 
Section  1  of  this  ordinance  shall  be  subject  to  a  fine  of  not  less 
than  five  ($5)  nor  more  than  fifty  dollars  ($50)  for  each  of- 
fense, and  each  hour  such  obstruction  shall  exist,  or  such  open- 


552  PUBLIC  WAYS. 


ing  or  cellar  door  or  way  shall  be  allowed  to  remain  open,  when 
not  in  actual  use  as  defined  in  Section  1  of  this  ordinance,  shall 
constitute  a  separate  offense. 

§  3.     That  this  ordinance  shall  take  effect  from  its  passage. 
(Approved  August  23,  1901.) 


(23)  PUBLIC  WAYS— USE  AND  PROTECTION. 

Weeds  on  Sidewalks  and  in  Gutters. 

AN  ORDINANCE  relating  to  the  growth  of  weeds  and  other 
vegetable  matter  in  the  sidewalks  and  gutters  in  the  city  of 
Louisville. 
Be  it  ordmned  by  the  General  Council  of  the  city  of  Louisville:. 

§  1.  That  it  shall  hereafter  be  unlawful  for  the  owner  or 
agent  of  ground  fronting  any  of  the  public  highways  of  the 
city  of  Louisville  to  permit  any  weeds  or  other  vegetable  mat- 
ter to  grow  or  remain  in  the  sidewalk  or  gutter  of  the  street  in 
front  of  his  property. 

§  2.  It  shall  be  the  duty  of  the  Board  of  Public  Works  to 
give  notice  of  the  violation  of  this  ordinance  to  the  owner  of 
the  property,  or  to  the  agent,  if  the  property  be  in  the  hands 
of  an  agent,  and  if,  after  the  expiration  of  five  days,  the  nuisance 
be  not  abated,  said  owner  or  agent  shall  be  fined  not  less  than 
five  dollars  ($5)  nor  more  than  twenty-five  dollars  ($25)  for 
each  additional  day  the  same  remains  unabated. 

§  3.  All  ordinances  in  conflict  with  this  ordinance  are  re- 
pealed. This  ordinance  shall  take  effect  from  and  after  its  pub- 
lication.    {Approved  August  10,  1895.) 

(See  also  Weeds.) 


(24)  PUBLIC  WAYS— USE  AND  PROTECTION. 

Protection  of  Curbing  Around  Grass  Plot. 

AN  ORDINANCE  to  protect  curbing  in  the  streets  of  Louis- 
ville. 
Be  it  ordmned  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  hereafter  it  shall  be  unlawful  for  any  person  to 
drive  or  ride  over,  or  on  any  curb  or  curbing  erected  or  placed 


PUBLIC  WAYS.  553 


around  any  grass  plot,  or  place  designated  for  grass  plot,  in 
any  of  the  streets  of  the  city  of  Louisville,  or  in  any  other  man- 
ner to  injure  the  same. 

§  2.  Any  violation  of  this  ordinance  to  be  punished  by  a 
fine  of  not  less  than  five  dollars  ($5)  nor  more  than  fifty  dollars 
($50) .     {Approved  September  16,  1895.) 


(25)  PUBLIC  WAYS— USE  AND  PROTECTION. 

Streets — Protection  of  Asphalt. 

AN  ORDINANCE  for  protection  of  asphalt  streets  in  the  city 
of  Louisville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  hereafter  be  unlawful  for  any  individual, 
firm  or  corporation  to  place,  or  cause  to  be  placed,  any  lime, 
m,ortar,  or  any  disintegrating  substance,  upon  any  asphalt  street 
within  the  city  of  Louisville,  so  that  the  same  will  come  in  con- 
tact with  the  asphalt  surface  thereof. 

§  2.  It  shall  be  unlawful  for  any  individual,  firm  or  corpora- 
tion to  place,  or  cause  to  be  placed,  upon  an  asphalt  pavement 
in  the  city  of  Louisville,  heavy  rocks,  or  timbers,  or  metals,  or 
other  heavy  substances,  by  which  the  surface  of  said  pavement 
may  be  defaced  or  injured. 

§  3,  Any  individual,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  fined  not  less  than  ten  ($10) 
dollars  nor  more  than  fifty  ($50)  dollars. 

§  4.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  August  28,  1905.) 


(26)    PUBLIC  WAYS— USE  AND  PROTECTION. 

To  Prevent  Dirt  from  Washing  onto  Sidewalk. 

AN  ORDINANCE  for  the  protection  of  sidewalks  in  the  city  of 
Louisville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.     That  any  person  owning  any  land,  or  lot  on  any  street 

within   the   city   of   Louisville,   with   sidewalks   improved   with 

brick  or  other  material,  where  the  ground  is  higher  than  the 


554  PUBLIC  WAYS. 


sidewalk,  in  order  to  prevent  the  dirt  or  ground  from  caving 
or  being  washed  upon  the  sidewalk,  be  and  he  is  hereby  required 
to  erect  a  retaining  wall  of  stone,  wood,  or  other  material;  or  in 
lieu  thereof  said  ground  can  be  graded  to  a  slope  the  extent  of 
one  and  one-half  to  one,  and  sodded,  to  be  done  under  the  direc- 
tion and  approval  of  the  Board  of  Public  Works. 

§  2.  The  said  Board  of  Public  Works  shall  examine  the 
premises,  and  direct  the  owner  or  his  agent,  lessee,  or  occupant 
thereof,  in  writing,  to  erect  the  character  and  kind  of  wall  re- 
quired, or  may  permit  the  owner  to  grade  and  sod  the  same. 
Said  work  shall  be  completed  within  thirty  days  from  the  date 
of  said  notice. 

§  3,  Any  owner,  lessee,  agent  or  occupant  of  such  premises 
violating  any  of  the  provisions  of  this  ordinance  shall  be  fined 
not  less  than  ten  dollars  ($10)  nor  more  than  twenty-five  dollars 
($25)  for  each  offense,  and  each  day's  failure  after  the  expira- 
tion of  said  notice  shall  constitute  a  separate  offense. 

§  4.  This  ordinance  shall  be  in  force  and  effect  from  and 
after  its  passage.     (Approved  May  6,  1899.) 


(27)  PUBLIC  WAYS— USE  AND  PROTECTION. 

To  Prevent  Dirt  from  Washing  into  Carriage  Way. 

AN  ORDINANCE  to  prevent  earth  and  dirt  from  washing  or 

falling  into  the  public  ways  of  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  It  shall  be  the  duty  of  every  owner  of  any  land  or  lot 
in  the  city  of  Louisville  to  prevent  dirt  and  earth  from  wash- 
ing or  falling  from  such  land  or  lot  upon  the  paved  carriage- 
way of  any  street,  alley  or  public  way  of  the  city  of  Louisville. 

§  2.  In  order  to  prevent  any  dirt  or  earth  washing  or  falling 
from  any  land  or  lot  upon  any  such  paved  carriageway  as  men- 
tioned in  Section  1,  the  owner  is  hereby  required  to  erect  a  re- 
taining wall  of  stone,  wood  or  other  material ;  or  in  lieu  thereof 
said  ground  can-  be  graded  to  a  slope  the  extent  of  one  and  one- 
half  to  one,  and  sodded,  to  be  done  under  the  direction  and  ap- 
proval of  the  Board  of  Public  Works. 

§  3.  The  said  Board  of  Public  Works  shall  examine  the 
premises  and  direct  the  owner  or  his  agent,  lessee  or  occupant 
thereof,  in  writing,  to  erect  the  character  and  kind  of  wall  re- 


RAILROADS.  555 


quired,  or  may  permit  the  owner  to  grade  and  sod  the  same. 
Said  work  shall  be  completed  within  thirty  days  from  the  date 
of  said  notice.  "•• 

§  4.  Any  owner,  lessee,  agent  or  occupant  of  such  premises' 
violating  any  of  the  provisions  of  this  ordinance  shall  be  fined 
not  less  than  ten  dollars  ($10)  nor  more  than  twenty-five  dollars 
($25)  for  each  off"ense,  and  each  day's  failure  after  the  expira- 
tion of  said  notice  shall  constitute  a  separate  offense. 

§  5.  This  ordinance  shall  be  in  force  and  effect  from  and 
after  its  passage.     (Approved  Nove^nber  8,  1909.) 


(1)  RAILROADS. 

Gongs  and  Signals  at  Crossings. 

AN  ORDINANCE  prescribing  electric  gongs  at  railway  cross- 
ings. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  For  the  protection  of  life  and  property,  all  railroad  or 
railway  companies  or  corporations  operating  or  propelling 
freight  or  passenger  cars  by  steam  power  along  or  upon  the 
public  ways  or  streets  of  the  city,  shall,  at  their  own  cost,  cause 
to  be  erected  and  maintained  at  all  the  public  way  or  street 
crossings,  on  their  respective  lines  of  railroad  or  railway  tracks 
within  the  corporate  limits  of  the  city,  competent  and  efficient 
electric  gongs  and  signals  similar  to  those  now  in  use  at  the 
crossings  of  the  Louisville,  Cincinnati  &  Lexington  Railway 
tracks  and  the  Shelbyville  turnpike,  in  the  county  of  Jefferson, 
State  of  Kentucky. 

§  2.  Said  railroad  or  railway  companies  shall,  within  three 
months  from  the  passage  of  this  ordinance,  cause  said  electric 
gongs  or  signals  to  be  placed  at  the  street  crossings,  as  provided 
in  the  foregoing  section,  which  shall  be  done  under  the  super- 
vision of  the  city  engineer. 

§  3.  Said  railroad  or  railway  companies  or  corporations, 
or  any  of  them,  shall,  for  each  day  they  fail  to  comply  with  the 
provision  of  this  ordinance,  be  subjected  to  a  fine  of  not  less  than 
five  dollars  ($5)  nor  more  than  twenty  dollars  ($20).  {Ap- 
proved August  27,  1884.) 

(See  also  Railroad  Tracks — Permits;  For  report  of  ship- 
ments, see  Meats  and  Fish.) 


556  RAILROADS. 


(2)   RAILROADS. 
Ringing  of  Bells — Blowing  of  Whistles. 

AN  ORDINANCE  concerning  the  operation  of  steam  railroads 

in  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  when  any  car,  cars,  or  locomotive,  propelled  by 
steam  power,  shall  be  moving  in  the  city  of  Louisville,  the  bell 
of  the  engine  shall  be  constantly  sounded  within  the  city  limits. 

§  2.  It  shall  be  unlawful  for  any  person  or  corporation  to 
blow,  or  cause  to  be  blown,  any  steam  or  other  railway  or  rail- 
road whistle  in  the  city  of  Louisville  for  any  purpose,  except  to 
prevent  collision  or  in  case  of  imminent  danger. 

§  3.  Any  person  or  corporation  violating  any  provision  of 
this  ordinance  shall  be  fined  not  less  than  ten  dollars  ($10) 
nor  more  than  one  hundred  dollars  ($100)  for  each  offense, ' 

§  4.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  publication.  (Approved  August  1, 
1898.) 


(3)  RAILROADS. 

Blowing  of  Whistles  near  Hospitals. 

AN  ORDINANCE  relating  to  the  blowing  of  railroad  whistles 

in  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  unlawful  for  any  person  or  corporation 
to  blow  or  permit  to  be  blown  any  steam  or  other  railway  or 
railroad  whistle  within  one-half  mile  of  any  hospital  for  the 
sick,  or  any  other  place  used  for  the  care  or  cure  of  the  sick  or 
infirm  in  ttie  city  of  Louisville. 

§  2.  Any  person,  firm  or  corporation  violating  any  of  the  pro- 
visions of  this  ordinance  shall  be  fined  not  less  than  five  ($5) 
dollars  and  not  more  than  twenty-five  ($25)  dollars  for  each 
offense. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage and  publication.     (Approved  September  4,  1894.) 

(See  also  Noises.) 


RAILROAD  TRACKS — PERMITS.  557 

(4)  RAILROADS. 

Regulating  the  Use  by  Steam  Railroads  of  Public  Ways. 

AN  ORDINANCE  regulating  the  use  of  public  highways  in  the 

city  of  Louisville  by  steam  railways. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Loidsville: 

§  1.  That  hereafter  it  shall  be  unlawful  for  any  person  or 
company,  operating  a  steam  railroad  in  the  city  of  Louisville 
over  or  along  any  of  the  public  highways  of  said  city,  to  block 
or  obstruct  or  occupy  any  crossings  or  intersections  of  any  of 
said  highways  with  locomotives  or  cars  for  a  longer  period  than 
five  minutes  at  any  one  time. 

§  2.  For  any  violation  of  this  ordinance  the  person  or  cor- 
poration so  offending  shall  be  fined  not  less  than  ten  dollars 
($10)  nor  more  than  twenty  dollars  ($20)  for  each  offense. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  ap- 
proval.     (Approved  September  16,  1895.) 

(See  also  Railroad  Tracks — Permits.) 


(1)   RAILROAD  TRACKS— PERMIT. 

AN   ORDINANCE   authorizing   the   Baltimore   &   Ohio   South- 
western Railroad  Company  to  construct,  maintain  and  oper- 
ate a  railroad  track  or  switch  in  the  alley  between  Main  and 
Rowan  streets,  from  a  point  105  feet  east  of  Sixteenth  street 
to  a  point  250  feet  west  of  Sixteenth  street. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  the  Baltimore  &  Ohio  Southwestern  Railroad  Com- 
pany is  hereby  permitted  to  construct,  maintain  and  operate  a 
railroad  track  or  switch  connecting  with  the  present  track  of 
said  company  on  the  north  side  of  the  alley  between  Main  and 
Rowan  streets  at  a  point  105  feet  east  of  Sixteenth  street,  thence 
running  west  along  said  alley  and  across  Sixteenth  street  to  a 
point  250  feet  west  of  Sixteenth  street,  all  as  shown  m  red  on 
blueprint  attached  hereto  and  made  a  part  hereof. 

§  2.  The  construction  of  said  track  or  switch  shall  be  done 
at  the  expense  of  the  said  Baltimore  &  Ohio  Southwestern  Rail- 
road Company  under  the  supervision  of  and  according  to  the 
plans  to  be  approved  by  the  Board  of  Public  Works.    The  space 


558      RAILROAD  TRACKS — PERMITS. 

between  the  rails  of  said  track  or  switch  and  for  two  feet  on 
the  outside  thereof,  over  any  pubHc  way  over  which  said  track 
or  switch  passes,  shall  be  kept  in  good  repair,  and  reconstructed 
from  time  to  time,  when  necessary  or  when  demanded  by  said 
Board  of  Public  Works,  and  by  the  use  of  such  materials  and 
methods  as  may  be  directed  by  said  board  and  at  established 
grade,  and  said  repairs  and  reconstruction  shall  be  done  at  the 
exclusive  cost  of  the  Baltimore  &  Ohio  Southwestern  Railroad 
Company  and  under  the  supervision  of  the  said  Board  of  Public 
Works.  Before  proceeding  to  construct  the  said  track  or  switch 
so  far  as  same  shall  lay  in  or  across  any  public  way  or  to  repair 
the  same  after  it  has  been  constructed,  the  Baltimore  &  Ohio 
Southwestern  Railroad  Company  shall  obtain  from  the  Board 
of  Public  Works  of  the  city  of  Louisville  a  permit  to  do  the  work 
in  question,  specifying  the  place  where  it  expects  to  begin  same. 
Such  work  of  reconstruction  or  repair  shall  be  done  under  the 
supervision  of  an  employe  of  the  Board  of  Public  Works,  to  be 
designated  by  said  board,  and  the  Baltimore  &  Ohio  South- 
western Railroad  Company  shall  pay  to  the  city  of  Louisville  the 
actual  cost  to  it  of  the  services  of  such  employe  in  such  super- 
vision. 

§  3.  The  said  Baltimore  &  Ohio  Southwestern  Railroad  Com- 
pany shall  indemnify  and  save  harmless  the  city  of  Louisville 
against  any  claim  for  damages  by  reason  of  the  construction  or 
maintenance  of  said  track,  or  of  the  failure  to  repair  the  said 
public  ways  aforesaid,  and  the  acceptance  of  this  ordinance  and 
the  construction  of  the  said  track  shall  bind  the  said  Baltimore 
&  Ohio  Southwestern  Railroad  Company,  its  successors  and 
assigns  to  the  city  of  Louisville  for  the  performance  of  each 
undertaking  or  provision  of  this  ordinance. 

§  4.  Locomotives  or  cars  shall  not  pass  over  said  track  at  a 
rate  of  speed  exceeding  eight  miles  per  hour. 

§  5.  For  the  violation  of  any  provision  of  this  ordinance  by 
the  Baltimore  &  Ohio  Southwestern  Railroad  Company,  or  any 
of  its  officers,  agents,  or  employes,  the  said  company  shall  be 
subject  to  a  fine  of  not  less  than  $25.00  nor  more  than  $100.00 
for  each  offense. 

§  6.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  October  3,  1919.) 


RAILROAD  TRACKS — PERMITS.  559 

(2)  RAILROAD  TRACKS— PERMIT. 

AN  ORDINANCE  granting  to  the  Kentucky  &  Indiana  Termi- 
nal Railroad  Company  the  right  to  construct,  maintain  and 
operate  a  railroad  track  or  switch  from  a  point  approximate- 
ly seventy-eight  (78)  feet  south  of  Magazine  street,  north- 
wardly along  Twenty-ninth  street  across  Magazine  street, 
and  across  Twenty-ninth  street,  with  two  branches — one  ex- 
tending in  a  northwestwardly  direction  to  the  west  property 
line  of  Twenty-ninth  street,  between  Magazine  and  the  first 
alley  north  of  it,  and  another  extending  in  a  northeast- 
wardly direction  to  the  east  line  of  Twenty-ninth  street,  be- 
tween Magazine  street  and  the  first  alley  north  of  it,  and 
also  to  construct,  maintain  and  operate  a  track  in  a  north- 
westwardly direction  across  the  alley  lying  between  Twenty- 
ninth  and  Thirtieth  and  Chestnut  and  Magazine  streets  at  a 
point  approximately  forty- two  (42)  feet  west  of  Twenty- 
ninth  street. 

Be  it  ordained  by  the  Geney^al  Council  of  the  city  of  Louisville: 
§  1.     The  Kentucky  &  Indiana  Terminal  Railroad  Company 
is  hereby  granted  permission  to  construct,  maintain  and  operate 
a  railroad  track, 

(a)  Beginning  at  a  point  in  the  Twenty-ninth  street  track 
of  said  company  about  eleven  (11)  feet  south  of  Magazine 
street,  thence  northwestwardly  along  Twenty-ninth  street, 
across  Magazine  street,  and  across  Twenty-ninth  street,  by  the 
lead  of  a  No.  7  frog  and  curve  to  the  left  one  hundred  and  ten 
(110)  feet  more  or  less  to  the  west  line  of  Twenty-ninth  street 
between  Magazine  street  and  the  first  alley  north  of  it. 

(b)  In  a  northwestwardly  direction  across  an  alley  lying 
between  Chestnut  and  Magazine  and  Twenty-ninth  and  Thirtieth 
streets,  at  a  point  approximately  forty-two  (42)  feet  west  of 
Twenty-ninth  street. 

(c)  Beginning  at  a  point  in  Twenty-ninth  street  seventy- 
eight  (78)  feet  more  or  less  south  of  Magazine  street,  thence 
northeastwardly  along  Twenty-ninth  street,  across  Magazine 
street,  and  across  Twenty-ninth  street,  by  the  lead  of  a  No.  7 
frog  and  curve  to  the  right  one  hundred  and  sixty-four  (164) 
feet  more  or  less. 

The  above  is  shown  on  blueprint  hereto  attached. 


560  RAILROAD  TRACKS — PERMITS. 

§  2.  The  construction  of  said  tracks,  where  they  extend  along 
and  across  said  streets  and  alley  shall  be  done  at  the  expense  of 
said  Kentucky  &  Indiana  Terminal  Railroad  Company,  under  the 
supervision  of,  and  according  to  the  plans  to  be  approved  by, 
the  Board  of  Public  Works.  The  space  between  rails  of  said 
tracks,  and  for  three  (3)  feet  on  the  outside  thereof,  on  any  pub- 
lic way  over  which  said  tracks  shall  pass,  shall  be  kept  in  good 
repair  and  reconstructed  from  time  to  time  when  necessary  or 
when  demanded  by  said  Board  of  Public  Works,  and  by  the  use 
of  such  material  and  methods  as  may  be  directed  by  said  Board 
of  Public  Works;  and  said  repairs  and  reconstruction  shall  be 
done  at  the  exclusive  cost  of  the  Kentucky  &  Indiana  Terminal 
Railroad  Company,  and  shall  be  done  under  the  supervision  of 
said  Board  of  Public  Works.  Before  proceeding  to  repair  said, 
tracks  or  any  of  them  so  far  as  same  shall  lie  in  or  across  the 
public  way,  the  Kentucky  &  Indiana  Terminal  Railroad  Com- 
pany shall  obtain  from  the  Board  of  Public  Works  of  the  city  of 
Louisville  a  permit  to  do  the  work  in  question,  specifying  the 
place  where  it  expects  to  begin  same.  Such  construction,  recon- 
struction and  repairs  shall  be  done  under  the  supervision  of  an 
employe  of  the  Board  of  Public  Works  and  said  Kentucky  & 
Indiana  Terminal  Railroad  Company  shall  pay  to  the  city  of 
Louisville  at  the  rate  of  three  ($3.00)  dollars  per  day  for  each 
day  of  nine  hours  spent  by  said  employe  in  said  supervision. 

§  3.  The  Kentucky  &  Indiana  Terminal  Railroad  Company, 
by  the  acceptance  of  this  ordinance,  agrees  for  itself,  its  succes- 
sors and  assigns,  that,  in  the  event  the  proper  authorities  of  the 
State  of  Kentucky  or  the  city  of  Louisville  should  hereafter  re- 
quire or  ordain  a  separation  of  the  grade  of  said  tracks  or  any 
of  them,  from  the  grade  of  the  above  mentioned  public  way,  the 
said  Kentucky  &  Indiana  Terminal  Railroad  Company,  its  suc- 
cessors or  assigns,  shall  cause  such  separation  to  be  effected  at 
its  or  their  expense  in  accordance  with  the  plans  prescribed  by 
such  authorities,  or  shall  take  up  and  remove  the  tracks  herein 
authorized,  and  restore  the  public  way  hereby  occupied  in  good 
condition.  Said  tracks  or  any  of  them  shall  be  removed  at  any 
time  on  order  of  the  Board  of  Public  Works  at  the  expense  of 
the  said  Kentucky  &  Indiana  Terminal  Railroad  Company. 

§  4.  Said  Kentucky  &  Indiana  Terminal  Railroad  Company 
shall  indemnify  and  save  harmless  the  city  of  Louisville  against 


RAILROAD  TRACKS — PERMITS. 561 

any  claim  for  damages  by  reason  of  construction,  reconstruc- 
tion, maintenance  or  operation  of  said  tracks  or  any  of  them,  or 
by  failure  to  repair  the  said  public  way  aforesaid,  and  the  ac- 
ceptance of  this  ordinance  and  the  construction  of  said  tracks 
shall  bind  the  said  Kentucky  &  Indiana  Terminal  Railroad  Com- 
pany, its  successors  and  assigns,  to  the  city  of  Louisville,  for  the 
performance  of  each  undertaking  and  provision  of  this  ordi- 
nance. 

§  5.  Locomotives  or  cars  shall  not  be  permitted  to  stand  in 
or  across  Magazine  street  longer  than  five  (5)  minutes,  nor  to 
pass  over  said  tracks  at  a  rate  of  speed  exceeding  eight  (8) 
miles  per  hour. 

§  6.  For  a  violation  of  any  of  the  provisions  of  this  ordi- 
nance by  the  Kentucky  &  Indiana  Terminal  Railroad  Company 
in  Kentucky,  its  successors  or  assigns,  or  by  any  officer,  agent, 
or  employ  of  same,  the  said  company,  its  successors  or  assigns, 
shall  be  subject  to  a  fine  of  not  less  than  twenty-five  ($25.00) 
dollars  nor  more  than  one  hundred  ($100.00)  dollars  for  each 
oflfense. 

§  7.     All  ordinances  in  conflict  herewith  are  hereby  repealed. 
§  8.     This  ordinance  shall  take  effect  from  and  after  its  ap- 
proval.    (Approved  September  4,  1918.) 


(3)  RAILROAD  TRACKS— PERMIT. 

AN  ORDINANCE  granting  the  Louisville  &  Nashville  Railroad 
Company  the  right  to  construct,  maintain  and  operate  a  rail- 
road track  or  switch  in  the  alley  extending  northward  from 
G  street  and  being  between  Brook  and  Floyd  streets,  and 
across  G  street,  between  said  Brook  and  Floyd  streets. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  Louisville  &  Nashville  Railroad  Company  is 
hereby  granted  the  right  to  construct,  maintain  and  operate  a 
railroad  track  or  switch  in  the  alley  twenty  feet  in  width,  ex- 
tending northward  from  G  street  and  being  between  Brook  and 
Floyd  streets,  which  alley  binds  on  the  west  line  of  the  right  of 
way  of  said  Louisville  &  Nashville  Railroad  Company,  and  also 


562  RAILROAD  TRACKS — PERMITS. 

across  G  street  south  of  said  alley,  the  center  line  of  which  rail- 
road track  or  switch  is  located  and  described  as  follows,  viz : 

Commencing  in  the  center  of  the  southbound  track  of  said 
railroad  at  a  point  281  feet  north  of  the  north  line  of  G  street, 
thence  southwestwardly  crossing  the  east  line  of  said  alley  at  a 
point  147  feet  north  of  G  street,  and  continuing  in  said  alley  to 
the  north  property  line  of  G  street,  intersecting  the  said  north 
line  of  said  street  at  a  point  5  feet  east  of  the  west  line  of  said 
alley,  thence  southwardly  across  G  street  and  parallel  to  the 
alley  and  to  said  railroad  right  of  way  to  the  property  of  W.  G. 
Dunnington  &  Co.,  said  property  line  being  the  south  line  of  G 
street,  as  shown  by  plat  marked  F  11394,  attached  hereto  and 
made  a  part  hereof.        • 

§  2.  The  construction  of  said  track  shall  be  done  at  the  ex- 
pense of  the  said  Louisville  &  Nashville  Railroad  Company,  under 
the.  supervision  of  and  according  to  the  plans  to  be  approved  by 
the  Board  of  Public  Works.  The  space  between  the  rails  of  said 
track  and  for  three  (3)  feet  on  the  outside  thereof,  on  any  public 
way  over  which  said  track  passes,  shall  be  kept  in  good  repair, 
and  reconstructed  from  time  to  time,  when  necessary,  or  when 
demanded  by  the  said  Board  of  Public  Works,  and  by  the  use  of 
such  materials  and  methods  as  may  be  directed  by  said  board 
and  said  repairs  and  reconstruction  shall  be  done  at  the  ex- 
clusive cost  of  the  said  Louisville  &  Nashville  Railroad  Company, 
and  shall  be  done  under  the  supervision  of  said  Board  of  Public 
Works.  Before  proceeding  to  repair  said  tracks,  so  far  as  same 
shall  lie  in  or  across  the  public  ways,  the  Louisville  &  Nashville 
Railroad  Company  shall  obtain  from  the  Board  of  Public  Works 
of  the  city  of  Louisville  a  permit  to  do  the  work  in  question  and 
specifying  the  place  where  it  expects  to  begin  same;  such  con- 
struction, reconstruction  and  repairs  shall  be  done  under  the 
supervision  of  an  employe  of  the  Board  of  Public  Works,  to  be 
designated  by  the  said  board  and  the  Louisville  &  Nashville  Rail- 
road Company  shall  pay  to  the  city  of  Louisville  the  actual  cost 
to  it  of  the  services  of  such  employe  in  such  supervision. 

§  3.  Said  track  shall  be  removed  at  any  time  upon  order  of 
the  Board  of  Public  Works  at  the  expense  of  the  said  Louisville 
&  Nashville  Railroad  Company,  its  successors  or  assigns. 

§  4.  Said  Louisville  &  Nashville  Railroad  Company  shall  in- 
demnify and  save  harmless  the  city  of  Louisville  for  any  claim 


RAILROAD  TRACKS — PERMITS.  563 

for  damages  by  reason  of  the  construction,  maintenance  or 
operation  of  said  track,  or  by  failure  to  repair  the  said  public 
ways  aforesaid,  and  the  acceptance  of  this  ordinance,  and  the 
construction  of  said  track  shall  bind  the  said  Louisville  &  Nash- 
ville Railroad  Company,  its  successors  or  assigns  to  the  city  of 
Louisville  for  the  performance  of  each  undertaking  and  pro- 
vision of  this  ordinance. 

§  5.  Locomotives  or  cars  shall  not  be  permitted  to  stand  in 
or  across  said  public  way  or  ways  longer  than  five  (5)  minutes, 
or  to  pass  over  said  track  at  a  rate  of  speed  exceeding  eight  (8) 
miles  per  hour. 

§  6.  For  a  violation  of  any  provision  of  this  ordinance  by  the 
Louisville  &  Nashville  Railroad  Company,  its  successors  or  as- 
signs, or  by  any  officer,  agent  or  employe  of  same,  the  said  com- 
pany, its  successors  or  assigns  shall  be  subject  to  a  fine  of  not 
less  than  twenty-five  ($25.00)  dollars  nor  more  than  one  hun- 
dred ($100.00)  dollars  for  each  offense. 

§  7.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  September  30,  1918.) 


(4)   RAILROAD  TRACKS— PERMIT. 

AN  ORDINANCE  granting  the  Louisville  &  Nashville  Railroad 
Company  the  right  to  construct,  maintain  and  operate  a  rail- 
road track  or  switch  crossing  the  ten-foot  alley  which  lies 
between  Kentucky  street  and  St.  Catherine  street  and  parallel 
to  said  streets  at  a  point  about  45  feet  east  of  the  eastern  line 
of  the  right  of  way  of  the  Louisville  &  Nashville  Railroad 
Company  east  of  Logan  street. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Loidsville: 
§  1.  That  the  Louisville  &  Nashville  Railroad  Company  is 
hereby  granted  the  right  to  construct,  maintain  and  operate  a 
railroad  track  or  switch  crossing  the  alley  ten  feet  in  width  and 
lying  between  and  parallel  to  Kentucky  and  St.  Catherine 
streets,  the  center  line  of  said  railroad  track  or  switch  cross- 
ing said  alley  about  fifty  (50)  feet  east  of  the  east  line  of  the 
right  of  way  of  the  Louisville  &  Nashville  Railroad  Company  on 
the  north  side  of  said  alley,  and  about  forty  (40)  feet  east  of 
said  line  of  right  of  way  on  the  south  side  of  said  alley.     The 


564        RAILROAD  TRACKS — PERMITS. 

location  of  said  railroad  track  and  intersection  being  shown  by 
plat  marked  "G-10971"  attached  hereto  and  made  a  part  hereof. 

§  2.  The  construction  of  said  track  shall  be  done  at  the  ex- 
pense of  the  said  Louisville  &  Nashville  Railroad  Company,  under 
the  supervision  of  and  according  to  the  plans  to  be  approved  by 
the  Board  of  Public  Works.  The  space  between  the  rails  of  said 
track  and  for  three  (3)  feet  on  the  outside  thereof,  on  any  public 
way  over  which  said  track  passes,  shall  be  kept  in  good  repair, 
and  reconstructed  from  time  to  time,  when  necessary,  or  when 
demanded  by  said  Board  of  Public  Works,  and  by  the  use  of 
such  materials  and  methods  as  may  be  directed  by  said  board, 
and  said  repairs  and  reconstruction  shall  be  done  at  the  ex- 
clusive cost  of  the  said  Louisville  &  Nashville  Railroad  Com- 
pany and  shall  be  done  under  the  supervision  of  said  Board  of 
Public  Works.  Before  proceeding  to  repair  said  tracks,  so  far 
as  same  shall  lie  in  or  across  the  public  way,  the  Louisville  & 
Nashville  Railroad  Company  shall  obtain  from  the  Board  of 
Public  Works  of  the  city  of  Louisville  a  permit  to  do  the  work 
in  question  and  specifying  the  place  where  it  expects  to  begin 
same;  such  construction,  reconstruction  and  repairs  shall  be 
done  under  the  supervision  of  an  employe  of  the  Board  of  Pub- 
lic Works,  to  be  designated  by  the  said  board,  and  the  Louisville 
&  Nashville  Railroad  Company  shall  pay  to  the  city  of  Louis- 
ville the  actual  cost  to  it  of  the  services  of  such  employe  in  such 
supervision. 

§  3.  Said  track  shall  be  removed  at  any  time  upon  order  of 
the  Board  of  Public  Works  at  the  expense  of  the  said  Louisville 
&  Nashville  Railroad  Company,  its  successors  or  assigns. 

§  4.  Said  Louisville  &  Nashville  Railroad  Company  shall 
indemnify  and  save  harmless  the  city  of  Louisville  for  any  claim 
for  damages  by  reason  of  the  construction,  maintenance  or 
operation  of  said  track,  or  by  failure  to  repair  the  said  public 
way  aforesaid,  and  the  acceptance  of  this  ordinance,  and  the 
construction  of  said  track  shall  bind  the  said  Louisville 
&  Nashville  Railroad  Company,  its  successors  or  assigns 
to  the  city  of  Louisville  for  the  performance  of  each  undertaking 
and  provision  of  this  ordinance. 

§  5.  Locomotives  or  cars  shall  not  be  permitted  to  stand  in 
or  across  said  public  way  longer  than  five   (5)   minutes,  or  to 


RAILROAD  TRACKS — PERMITS.  565 

— t 

pass  over  said  track  at  a  rate  of  speed  exceeding  eight  (8)  miles 
per  hour. 

§  6.  For  a  violation  of  any  provision  of  this  ordinance  by  the 
Louisville  &  Nashville  Railroad  Company,  its  successors  or  as- 
signs, or  by  any  officer,  agent  or  employe  of  same,  the  said  com- 
pany, its  successors  or  assigns  shall  be  subject  to  a  fine  of  not 
less  than  twenty-five  ($25.00)  dollars  nor  more  than  one  hun- 
dred  ($100.00)   dollars  for  each  offense. 

§  7.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  October  24,  1918.) 


(5)  RAILROAD  TRACKS— PERMIT. 

AN  ORDINANCE  granting  the  Kentucky  &  Indiana  Terminal 
Railroad  Company  permission  to  construct,  maintain  and 
operate  a  track  or  switch  across  Portland  avenue,  between 
Fifteenth  and  Sixteenth  streets,  and  also  across  Lytle  street, 
between  Fifteenth  and  Sixteenth  streets. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  The  Kentucky  &  Indiana  Terminal  Railroad  Company 
is  hereby  granted  permission  to  construct,  maintain  and  operate 
a  railroad  track  or  switch  across  Portland  avenue,  between 
Fifteenth  and  Sixteenth  streets,  the  center  line  of  said  track  in- 
tersecting the  north  line  of  Portland  avenue  at  a  point  203  feet 
east  of  Sixteenth  street  on  a  25-degree  curve,  and  crossing  the 
south  line  of  Portland  avenue  at  a  point  85  feet  west  of  Fifteenth 
street,  and  the  center  line  of  said  track  intersecting  the  north 
line  of  Lytle  street  at  a  point  240  feet  west  of  Lytle  street  on 
a  28-degree  curve,  and  crossing  the  south  line  of  Lytle  street  at 
a  point  212  feet  west  of  Fifteenth  street  as  shown  on  the  blue- 
print attached  hereto  and  made  a  part  of  this  ordinance. 

§  2.  The  construction  of  said  tracks,  where  they  cross  Port- 
land avenue  and  Lytle  street,  shall  be  done  at  the  expense  of 
said  Kentucky  &  Indiana  Terminal  Railroad  Company,  under 
the  supervision  of  and  according  to  the  plans  to  be  approved  by 
the  Board  of  Public  Works.  The  space  between  the  rails  of  said 
tracks,  and  for  three  feet  (3)  on  the  outside  thereof  on  any  pub- 
lic way  over  which  said  tracks  pass,  shall  be  kept  in  good  repair 
and  reconstructed  from  time  to  time,  when  necessary,  or  when 


566  RAILROAD  TRACKS — PERMITS. 

demanded  by  the  said  Board  of  Public  Works,  and  by  the  use  of 
such  materials  and  methods  as  may  be  directed  by  said  board, 
and  said  repairs  and  reconstruction  shall  be  done  at  the  exclusive 
cost  of  the  Kentucky  &  Indiana  Terminal  Railroad  Company  and 
shall  be  done  under  the  supervision  of  said  Board  of  Public 
Works.  Before  proceeding  to  repair  said  track  so  far  as  same 
shall  lie  in  or  across  the  public  M^ay,  the  Kentucky  &  Indiana 
Terminal  Railroad  Company  shall  obtain  from  the  Board  of  Pub- 
lic Works  of  the  city  of  Louisville  a  permit  to  do  the  work  in 
question,  specifying  the  place  where  it  expects  to  begin  same; 
such  construction,  reconstruction  and  repairs  shall  be  done  under 
the  supervision  of  an  employe  of  the  Board  of  Public  Works,  to 
be  designated  by  said  board,  and  the  Kentucky  &  Indiana  Termi- 
nal Railroad  Company  shall  pay  to  the  city  of  Louisville  at  the 
rate  of  three  dollars  and  fifty  cents  ($3.50)  per  day  for  each 
day  of  nine  hours  spent  by  said  employe  in  said  supervision. 

§  3.  The  Kentucky  &  Indiana  Terminal  Railroad  Company 
by  the  acceptance  of  this  ordinance  agrees  for  itself,  its  succes- 
sors and  assigns,  that  in  the  event  the  proper  authorities  of  the 
State  of  Kentucky  or  the  city  of  Louisville  should  hereafter  re- 
quire or  ordain  a  separation  of  the  grade  of  said  tracks,  from 
the  grade  of  the  above  mentioned  public  way,  the  said  Kentucky 
&  Indiana  Terminal  Railroad  Company,  its  successors  or  as- 
signs, shall  cause  such  separation  to  be  effected  at  its  or  their 
expense,  in  accordance  with  the  plans  prescribed  by  such 
authorities,  or  to  take  up  and  remove  the  track  herein  author- 
ized and  restore  the  public  ways  hereby  occupied  in  good  con- 
dition. Said  track  shall  be  removed  at  any  time  upon  order  of 
the  Board  of  Public  Works  at  the  expense  of  the  said  Kentucky 
&  Indiana  Terminal  Railroad  Company. 

§  4.  Said  Kentucky  &  Indiana  Terminal  Railroad  Company 
shall  indemnify  and  save  harmless  the  city  of  Louisville  against 
any  claim  for  damages  by  reason  of  construction,  reconstruction, 
maintenance  or  operation  of  said  track  or  by  failure  to  repair 
the  said  public  ways  aforesaid,  and  the  acceptance  of  this  ordi- 
nance and  the  construction  of  said  track  shall  bind  the  Kentucky 
&  Indiana  Terminal  Railroad  Company,  its  successors  and 
assigns  to  the  city  of  Louisville  for  the  performance  of  each 
undertaking  and  provision  of  this  ordinance. 

§  5.    .  Locomotives  or  cars  shall  not  be  permitted  to  stand  in 


RAILROAD  TRACKS — PERMITS. 567 

or  across  Portland  avenue  or  Lytle  street  longer  than  five  min- 
utes, nor  to  pass  over  said  track  at  a  rate  of  speed  exceeding 
eight  (8)  miles  per  hour. 

§  6.  For  a  violation  of  any  provision  of  this  ordinance  by  the 
Kentucky  &  Indiana  Terminal  Railroad  Company,  its  successors 
or  assigns,  or  by  any  officer,  agent  or  employe  of  the  same,  the 
said  company,  its  successors  or  assigns  shall  be  subject  to  a  fine 
of  not  less  than  twenty-five  ($25)  dollars  nor  more  than  one 
hundred  dollars   ($100.00)   dollars  for  each  offense. 

§  7.     All  ordinances  in  conflict  herewith  are  hereby  repealed. 

§  8.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  January  8,  1919.) 


(6)  RAILROAD  TRACKS— PERMIT. 

AN  ORDINANCE  granting  the  Kentucky  &  Indiana  Terminal 
Railroad  Company  permission  to  construct,  maintain  and 
operate  a  railroad  track  in  Twenty-ninth  street  at  the  inter- 
section with  Madison  street. 

Be  it  ordoAned  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  The  Kentucky  &  Indiana  Terminal  Railroad  Company 
is  hereby  granted  permission  to  construct,  maintain  and  operate 
a  railroad  track  in  Twenty-ninth  street,  beginning  at  a  point 
in  the  center  line  of  the  present  track  of  the  Adler  Manufactur- 
ing Company  in  Twenty-ninth  street,  said  point  being  fourteen 
(14)  feet  east  of  the  west  property  line  of  Twenty-ninth  street 
and  twelve  and  three-tenths  (12.3)  feet  south  of  the  south  line 
of  Madison  street;  thence  northwardly  along  a  curved  line  hav- 
ing a  radius  of  two  hundred  twenty-two  and  twenty-seven  one- 
hundredths  (222.27)  feet  for  a  distance  of  seventy-eight  and 
six-tenths  (78.6)  feet  more  or  less  to  a  point  in  the  west  prop- 
erty line  of  Twenty-ninth  street ;  said  point  being  five  and  three- 
tenths  (5.3)  feet  north  of  the  north  property  line  of  Madison 
street.  At  the  last  mentioned  point  the  line  passes  from  the 
street  onto  the  property  of  the  Adler  Manufacturing  Company. 
§  2.  The  construction  of  said  track  in  Twenty-ninth  street 
shall  be  done  at  the  expense  of  the  said  Kentucky  &  Indiana 
Terminal  Railroad  Company  under  the  supervision  of  and  accord- 
ing to  plans  to  be  approved  by  the  Board  of  Public  Works.    The 


568      RAILROAD  TRACKS — PERMITS. 

space  between  the  rails  of  said  track  and  for  a  distance  of  three 
(3)  feet  on  the  outside  thereof,  on  any  public  way  over  which 
said  tracks  pass  shall  be  kept  in  good  repair  and  shall  be  recon- 
structed from  time  to  time,  when  necessary,  or  when  demanded 
by  the  said  Board  of  Public  Works,  and  with  such  materials  and 
by  such  methods  as  may  be  directed  by  said  Board  of  Public 
Works.  All  said  repairs  and  reconstruction  shall  be  done  en- 
tirely at  the  expense  of  the  Kentucky  &  Indiana  Terminal  Rail- 
road Company  and  under  the  supervision  of  the  said  Board  of 
Public  Works,  but  before  proceeding  with  repairs  to  or  recon- 
struction of  said  tracks  or  either  of  them,  so  far  as  the  same 
shall  lie  in  or  across  the  public  way,  the  Kentucky  &  Indiana 
Terminal  Railroad  Company  shall  obtain  a  permit  from  the 
Board  of  Public  Works  of  the  city  of  Louisville  to  do  the  work 
contemplated,  specifying  the  point  at  which  such  work  is  to  be 
begun.  All  such  construction,  reconstruction  or  repairs  shall  be 
done  under  the  supervision  of  an  employe  of  the  Board  of  Pub- 
lic Works,  to  be  designated  by  the  said  board,  and  the  Kentucky 
&  Indiana  Terminal  Railroad  Company  shall  pay  to  the  city  of 
Louisville  the  actual  cost  to  it  of  the  services  of  such  employe 
in  such  supervision, 

§  3.  The  said  tracks  shall  be  removed  at  any  time  upon  an 
order  of  the  Board  of  Public  Works  at  the  expense  of  the  said 
Kentucky  &  Indiana  Terminal  Railroad  Company,  its  successors 
or  assigns. 

§  4.  The  said  Kentucky  &  Indiana  Terminal  Railroad  Com- 
pany shall  indemnify  and  save  harmless  the  city  of  Louisville 
against  any  claim  for  damage  by  reason  of  the  construction,  re- 
construction, maintenance  or  operation  of  said  tracks,  or  by 
failure  to  repair  the  said  public  ways  aforesaid,  and  the  accept- 
ance of  this  ordinance  and  the  construction  of  said  tracks  shall 
bind  the  Kentucky  &  Indiana  Terminal  Railroad  Company,  its 
successors  or  assigns  to  the  city  of  Louisville  for  the  perform- 
ance of  each  undertaking  and  provision  of  this  ordinance. 

§  5.  Locomotives  or  cars  shall  not  be  permitted  to  stand  in 
or  across  Twenty-ninth  street  for  a  longer  time  than  five  (5) 
minutes  nor  to  pass  over  said  tracks  at  a  rate  of  speed  exceeding 
eight  (8)  miles  per  hour. 

§  6.  For  a  violation  of  any  provision  of  this  ordinance  by  the 
Kentucky  &  Indiana  Terminal  Railroad  Company,  its  successors 


RAILROAD  TRACKS — PERMITS. 569 

or  assigns,  or  by  any  officer,  agent  or  employe  of  the  same,  the 
said  Kentucky  &  Indiana  Terminal  Railroad  Company,  its  suc- 
cessors or  assigns,  shall  be  subject  to  a  fine  of  not  less  than 
twenty-five  ($25.00)  dollars  nor  more  than  one  hundred 
($100.00)   dollars  for  each  offense. 

§  7.     This  ordinance  shall  take  effect  from  and  after  its  ap- 
proval.    {Approved  August  7,  1919.) 


(7)  RAILROAD  TRACKS— PERMIT. 

AN  ORDINANCE  granting  the  Kentucky  &  Indiana  Terminal 
Railroad    Company   permission   to  construct,   maintain   and 
operate  a  railroad  track  in  Magnolia  avenue  from  a  point 
sixty-seven    (67)    feet  west  of  the   west  line   of   Fifteenth 
street,  eastwardly  three  hundred  and  sixty   (360)   feet. 
Bg  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     The  Kentucky  &  Indiana  Terminal  Railroad  Company 
is  hereby  granted  permission  to  construct,  maintain  and  operate 
a  railroad  track  in  Magnolia  avenue,  beginning  at  a  point  in  the 
most  northwardly  main  track  of  the  said  Kentucky  &  Indiana 
Terminal  Railroad  Company  at  a  point  sixty-seven    (67)    feet 
west  of  the  west  line  of  Fifteenth  street,  and  extending  thence 
northeastwardly  on   a  reversed  curve  two  hundred   three   and 
nine-tenths   (203.9)   feet  to  the  point  where  the  said  track  be- 
comes parallel  to  the  main  tracks  of  the  Kentucky  &  Indiana 
Terminal  Railroad  Company  and  where  the   distance  between 
the  center  line  of  the  said  north  main  track  of  the  Kentucky  & 
Indiana   Terminal   Railroad   Company   and   the   proposed   new 
track  is  sixteen  feet;  thence  eastwardly  parallel  to  said  north- 
wardly main  track  and  sixteen  feet  from  the  center  line  thereof 
one  hundred  fifty-six  and  one-tenth   (156.1)   feet,  the  proposed 
new  track  being  three  hundred  sixty  (360)  feet  in  length  from 
the  point  of  beginning. 

§  2.  The  construction  of  said  track  in  Magnolia  avenue  shall 
be  done  at  the  expense  of  the  said  Kentucky  &  Indiana  Terminal 
Railroad  Company  under  the  supervision  of  and  according  to 
plans  to  be  approved  by  the  Board  of  Public  Works.  The  space 
between  the  rails  of  said  track  and  for  a  distance  of  three  (3) 
feet  on  the  outside  thereof,  on  any  public  way  over  which  said 


570 RAILROAD  TRACKS — PERMITS. 

tracks  shall  pass  shall  be  kept  in  good  repair  and  shall  be  re- 
constructed from  time  to  time,  when  necessary,  or  when  de- 
manded by  the  said  Board  of  Public  Works,  and  with  such  ma- 
terials and  by  such  methods  as  may  be  directed  by  said  Board 
of  Public  Works.  All  said  repairs  and  reconstruction  shall  be 
done  entirely  at  the  expense  of  the  Kentucky  &  Indiana  Terminal 
Railroad  Company  and  under  the  supervision  of  the  said  Board 
of  Public  Works  and  before  proceeding  with  repairs  to  or  recon- 
struction of  said  tracks  or  either  of  them,  so  far  as  the  same 
shall  lie  in  or  across  the  public  way,  the  Kentucky  &  Indiana 
Terminal  Railroad  Company  shall  obtain  a  permit  from  the 
Board  of  Public  Works  of  the  city  of  Louisville  to  do  the  work 
contemplated,  specifying  the  point  at  which  such  work  is  to  be 
begun.  All  such  construction,  reconstruction  or  repairs  shall 
be  done  under  the  supervision  of  an  employe  of  the  Board  of 
Public  Works,  to  be  designated  by  the  said  board,  and  the  Ken- 
tucky &  Indiana  Terminal  Railroad  Company  shall  pay  to  the 
city  of  Louisville  the  actual  cost  to  it  of  the  services  of  such 
employe  in  such  supervision. 

§  3.  The  said  tracks  shall  be  removed  at  any  time  upon  an 
order  of  the  Board  of  Public  Works  at  the  expense  of  the  said 
Kentucky  &  Indiana  Terminal  Railroad  Company,  its  successors 
or  assigns. 

§  4.  The  said  Kentucky  &  Indiana  Terminal  Railroad  Com- 
pany shall  indemnify  and  save  harmless  the  city  of  Louisville 
against  any  claim  for  damages  by  reason  of  the  construction, 
reconstruction,  maintenance  or  operation  of  said  tracks,  or  by 
failure  to  repair  the  said  public  ways  aforesaid,  and  the  accept- 
ance of  this  ordinance  and  the  construction  of  said  tracks  shall 
bind  the  Kentucky  &  Indiana  Railroad  Company,  its  successors 
or  assigns  to  the  city  of  Louisville  for  the  performance  of  each 
undertaking  and  provision  of  this  ordinance. 

§  5.  Locomotives  or  cars  shall  not  be  permitted  to  stand  in 
or  across  Magnolia  avenue  for  a  longer  time  than  five  (5)  min- 
utes nor  to  pass  over  said  tracks  at  a  rate  of  speed  exceeding 
eight  (8)  miles  per  hour. 

§  6.  For  a  violation  of  any  provision  of  this  ordinance  by  the 
Kentucky  &  Indiana  Terminal  Railroad  Company,  its  successors 
or  assigns,  or  by  any  officer,  agent  or  employe  of  the  same,  the 
said  Kentucky  &  Indiana  Terminal  Railroad  Company,  its  sue- 


RAILROAD  TRACKS — PERMITS.  SH 

cessors  or  assigns  shall  be  subject  to  a  fine  of  not  less  than 
twenty-five  ($25.00)  dollars  nor  more  than  one  hundred 
($100.00)   dollars  for  each  offense. 

§  7.     This  ordinance  shall  take  effect  from  and  after  its  ap- 
proval.    {Approved  July  3,  1919.) 


(8)  RAILROAD  TRACKS— PERMIT. 

AN  ORDINANCE  granting  the  Louisville  &  Nashville  Railroad 
Company  permission  to  construct,  maintain  and  operate  two 
railroad  tracks,  one  across  Eleventh  street,  north  of  Ken- 
tucky street,  the  other  in  Eleventh  street  and  across  Kentucky 
street. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  The  Louisville  &  Nashville  Railroad  Company  is  hereby 
granted  permission  to  construct,  maintain  and  operate  two  rail- 
road tracks,  one  across  Eleventh  street,  north  of  Kentucky 
street,  the  other  in  Eleventh  street  and  across  Kentucky  street, 
as  described  below: 

(a)  One  track  to  be  constructed  across  Eleventh  street,  the 
center  line  of  said  track  to  intersect  the  east  property  line  of 
Eleventh  street  at  a  point  two  hundred  forty-five  and  forty-five 
one-hundredths  (245.45)  feet  measured  along  the  said  east  prop- 
erty line  of  Eleventh  street  from  the  north  property  line  of  Ken- 
tucky street;  thence  across  said  Eleventh  street  in  a  westerly 
direction  by  a  curve  to  the  right  and  intersect  the  west  property 
line  of  Eleventh  street  at  a  point  two  hundred  nineteen  and 
forty-five  one-hundredths  (219.45)  feet  measured  north  along 
the  said  west  property  line  of  Eleventh  street  from  the  north 
property  line  of  Kentucky  street. 

(b)  The  other  track  to  be  constructed  in  Eleventh  street  and 
across  Kentucky  street,  its  center  line  to  intersect  the  east  prop- 
erty line  of  Eleventh  street  at  a  point  two  hundred  six  (206) 
feet  measured  north  along  the  said  east  property  line  of  Elev- 
enth street  from  the  north  property  line  of  Kentucky  street, 
thence  southwardly  by  a  twenty-degree  curve  and  tangent 
through  Eleventh  street  and  across  Kentucky  street  at  right 
angles  to  said  Kentucky  street  and  intersecting  the  south  prop- 
erty line  of  said  Kentucky  street  at  a  point  thirty-two  and  two- 


572 RAILROAD  TRACKS — PERMITS.     

tenths  (32.2)  feet  measured  west  along  the  said  south  property 
line  of  Kentucky  street  from  the  point  of  intersection  of  the  east 
property  line  of  Eleventh  street  produced  with  said  south  prop- 
erty line  of  Kentucky  street. 

§  2.  The  construction  of  said  tracks  across  Eleventh  street 
and  in  Eleventh  street  and  across  Kentucky  street,  shall  be  done 
at  the  expense  of  the  said  Louisville  &  Nashville  Railroad  Com- 
pany under  the  supervision  of  and  according  to  plans  to  be 
approved  by  the  Board  of  Public  Works.  The  space  between 
the  rails  of  said  tracks  and  for  a  distance  of  three  (3)  feet  on 
the  outside  thereof,  on  any  public  way  over  which  said  tracks 
pass  shall  be  kept  in  good  order  and  shall  be  reconstructed  from 
time  to  time,  when  necessary,  or  when  demanded  by  the  said 
Board  of  Public  Works,  and  with  such  materials  and  by  such 
methods  as  may  be  directed  by  said  Board  of  Public  Works.  All 
said  repairs  and  reconstruction  shall  be  done  entirely  at  the 
expense  of  the  Louisville  &  Nashville  Railroad  Company  and 
under  the  supervision  of  the  said  Board  of  Public  Works,  but 
before  proceeding  with  repairs  to  or  reconstruction  of  said 
tracks  or  either  of  them,  so  far  as  the  same  shall  lie  in  or  across 
the  public  way,  the  Louisville  &  Nashville  Railroad  Company 
shall'  obtain  a  permit  from  the  Board  of  Public  Works  of  the 
city  of  Louisville  to  do  the  work  contemplated  specifying  the 
point  at  which  such  work  is  to  be  begun.  All  such  construction, 
reconstruction  or  repairs  shall  be  done  under  the  supervision  of 
an  employe  of  the  Board  of  Public  Works,  to  be  designated  by 
the  said  board  and  the  Louisville  &  Nashville  Railroad  Com- 
pany shall  pay  to  the  city  of  Louisville  the  actual  cost  to  it  of 
the  services  of  such  employe  in  such  supervision. 

§  3.  The  said  tracks  shall  be  removed  at  any  time  upon  an 
order  of  the  Board  of  Public  Works  at  the  expense  of  the  said 
Louisville  &  Nashville  Railroad  Company,  its  successors  or  as- 
signs. 

§  4.  The  said  Louisville  &  Nashville  Railroad  Company  shall 
indemnify  and  save  harmless  the  city  of  Louisville  against  any 
claim  for  damage  by  reason  of  the  construction,  reconstruction, 
maintenance  or  operation  of  said  tracks,  or  by  failure  to  repair 
the  said  public  ways  aforesaid,  and  the  acceptance  of  this  ordi- 
nance and  the  construction  of  said  tracks  shall  bind  the  Louis- 
ville &  Nashville  Railroad  Company,  its  successors  and  assigns 


RAILROAD  TRACKS — PERMITS.  573 

to  the  city  of  Louisville  for  the  performance  of  each  undertaking 
and  provision  of  this  ordinance. 

§  5.  Locomotives  or  cars  shall  not  be  permitted  to  stand  in 
or  across  Eleventh  street  or  Kentucky  street  for  a  longer  time 
than  five  (5)  minutes  nor  to  pass  over  said  tracks  at  a  rate  of 
speed  exceeding  eight   (8)   miles  per  hour. 

§  6.  For  a  violation  of  any  provision  of  this  ordinance  by  the 
Louisville  &  Nashville  Railroad  Company,  its  successors  or  as- 
signs, or  by  any  officer,  agent  or  employe  of  the  same,  the  said 
Louisville  &  Nashville  Railroad  Company,  its  successors  or  as- 
signs shall  be  subject  to  a  fine  of  not  less  than  twenty-five 
($25.00)  dollars  nor  more  than  one  hundred  ($100.00)  dollars 
for  each  offense. 

§  7.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  November  28,  1919.) 


(9)   RAILROAD  TRACKS— PERMIT. 

AN  ORDINANCE  granting  the  Southern  Railway  Company  in 
Kentucky  the  right  to  construct,  maintain  and  operate  a  rail- 
road track  or  switch  across  Floyd  street,  south  of  K  street. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  Southern  Railway  Company  in  Kentucky  is 
hereby  granted  the  right  to  construct,  maintain  and  operate  a 
railroad  track  or  switch  across  Floyd  street,  south  of  K  street, 
in  the  city  of  Louisville,  and  beginning  at  a  point  on  the  west 
side  of  Floyd  street  694  feet  north  of  the  center  line  of  the 
Southern  Railway  crossing  on  Floyd  street,  near  K  street,  and 
extending  eastwardly  across  Floyd  street  to  the  east  side  thereof 
at  90  degrees  with  Floyd  street. 

§  2.  The  construction  of  said  track  shall  be  done  at  the  ex- 
pense of  the  said  Southern  Railway  Company  in  Kentucky,  under 
the  supervision  and  according  to  plans  to  be  approved  by  the 
Board  of  Public  Works.  The  space  between  the  rails  of  said 
track,  and  for  three  (3)  feet  on  the  outside  thereof,  on  the  public 
way  over  which  said  track  passes  shall  be  kept  in  good  repair,  . 
and  reconstructed  from  time  to  time,  when  necessary,  or  when 
demanded  by  the  said  Board  of  Public  Works,  and  by  the  use 
of  such  materials  and  methods  as  may  be  directed  by  said  board, 


574 RAILROAD  TRACKS — PERMITS. 

and  said  repairs  and  reconstruction  shall  be  done  at  the  exclu- 
sive cost  of  the  said  Southern  Railway  Company  in  Kentucky 
and  shall  be  done  under  the  supervision  of  said  Board  of  Public 
Works.  Before  proceeding  to  repair  said  track,  so  far  as  same 
shall  lie  in  or  across  the  public  way,  the  Southern  Railway  Com- 
pany in  Kentucky  shall  obtain  from  the  Board  of  Public  Works 
of  the  city  of  Louisville  a  permit  to  do  the  work  in  question  and 
specifying  the  place  where  it  expects  to  begin  same;  such  con- 
struction, reconstruction  and  repairs  shall  be  done  under  the 
supervision  of  an  employe  of  the  Board  of  Public  Works,  to  be 
designated  by  the  said  board,  and  the  Southern  Railway  Com- 
pany in  Kentucky  shall  pay  to  the  city  of  Louisville,  at  the  rate 
of  three  ($3)  dollars  per  day  for  each  day  of  nine  hours  spent 
by  said  employe  in  said  supervision. 

§  3.  The  Southern  Railway  Company  in  Kentucky  by  the 
acceptance  of  this  ordinance  agrees  for  itself,  its  successors  and 
assigns,  that  in  the  event  the  proper  authorities  of  the  State  of 
Kentucky,  or  the  city  of  Louisville  should  hereafter  require  a 
separation  of  the  grade  of  said  track  from  the  grade  of  the  above 
mentioned  public  way  the  said  Southern  Railway  Company  in 
Kentucky,  its  successors  or  assigns,  shall  cause  such  separation 
to  be  effected  at  its  or  their  expense,  in  accordance  with  the 
plans  prescribed  by  such  authorities,  or  to  take  up  and  remove 
the  track  herein  authorized  and  restore  the  public  way  hereby 
occupied  in  good  condition.  Said  track  shajl  be  removed  at  any 
time  upon  order  of  the  Board  of  Public  Works  at  the  expense  of 
the  said  Southern  Railway  Company  in  Kentucky. 

§  4.  Said  Southern  Railway  Company  in  Kentucky  shall  in- 
demnify and  save  harmless  the  city  of  Louisville  from  any  claim 
for  damages  by  reason  of  the  construction,  maintenance  or 
operation  of  said  track,  or  by  failure  to  repair  the  said  public 
way  aforesaid,  and  the  acceptance  of  this  ordinance,  and  the 
construction  of  said  track  shall  bind  the  said  Southern  Railway 
Company  in  Kentucky,  its  successors  or  assigns,  to  the  city  of 
Louisville  for  the  performance  of  each  undertaking  and  pro- 
vision of  this  ordinance. 

§  5.  Locomotives  or  cars  shall  not  be  permitted  to  staild  in 
or  across  said  public  way  or  ways  longer  than  five  (5)  minutes, 
or  to  pass  over  said  track  at  a  rate  of  speed  exceeding  eight  (8) 
miles  per  hour. 


RAILROAD  TRACKS — PERMITS. 575 

§  6.  For  a  violation  of  any  provision  of  this  ordinance  by 
the  Southern  Railway  Company  in  Kentucky,  its  successors  or 
assigns,  or  by  any  officer,  agent  or  employe  of  same,  the  said 
company,  its  successors  or  assigns,  shall  be  subject  to  a  fine  of 
not  less  than  twenty-five  ($25)  dollars  nor  more  than  one  hun- 
dred ($100)   dollars  for  each  offense. 

§  7.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  August  7,  1918.) 


(10)   RAILROAD  TRACKS— PERMIT. 

AN  ORDINANCE  granting  the  Southern  Railway  in  Kentucky 
the  right  to  construct,  maintain  and  operate  a  railroad  track 
or  switch  across  Eleventh  street,  south  of  Magnolia  street. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  the  Southern  Railway  Company  in  Kentucky  is 
hereby  granted  the  right  to  construct,  maintain  and  operate  a 
railroad  track  or  switch  across  Eleventh  street,  the  center  line 
of  which  railroad  track  or  switch  is  located  and  described  as 
follows,  to-wit: 

"Commencing  at  a  point  sixty-five  (65)  feet  southeast  of  the 
point  of  switch  No.  2  of  track  leading  into  the  property  of  the 
Louisville  Public  Warehouse  Company  and  crossing  Eleventh 
street  in  a  southeasterly  direction.  The  center  line  of  the  track 
where  it  intersects  the  west  property  line  of  Eleventh  street, 
being  160  3-10  feet  south  of  the  south  property  line  of  Magnolia 
street.  The  center  line  of  the  track  where  it  intersects  the  east 
property  line  of  Eleventh  street  being  186  7-10  feet  south  of  the 
south  property  line  of  Magnolia  street,  at  this  point  entering 
the  property  of  the  Louisville  Public  Warehouse  Company  as 
shown  by  plat,  date  December  26,  1918,  made  by  the  Southern 
Railroad  lines  for  additional  tracks  to  serve  the  Louisville  Pub- 
lic Warehouse  Company  and  attached  hereto  and  made  a  part 
hereof." 

§  2.  The  construction  of  said  track  shall  be  done  at  the  ex- 
pense of  the  said  Southern  Railway  Company  in  Kentucky,  under 
the  supervision  of  and  according  to  the  plans  to  be  approved  by 
the  Board  of  Public  Works.  The  space  between  the  rails  of  said 
track  and  for  three  (3)  feet  on  the  outside  thereof,  on  any  public 


576  RAILROAD  TRACKS — PERMITS. 

way  over  which  said  track  passes,  shall  be  kept  in  good  repair, 
and  reconstructed  from  time  to  time,  when  necessary,  or  when 
demanded  by  the  said  Board  of  Public  Works,  and  by  the  use  of 
such  materials  and  methods  as  may  be  directed  by  said  board 
and  said  repairs  and  reconstruction  shall  be  done  at  the  exclusive 
cost  of  the  said  Southern  Railway  Company  in  Kentucky  and 
shall  be  done  under  the  supervision  of  said  Board  of  Public 
Works.  Before  proceeding  to  repair  said  tracks,  so  far  as  same 
shall  lie  in  or  across  the  public  ways,  the  Southern  Railway  Com- 
pany in  Kentucky  shall  obtain  from  the  Board  of  Public  Works 
of  the  city  of  Louisville,  a  permit  to  do  the  work  in  question  and 
specifying  the  place  where  it  expects  to  begin  same;  such  con- 
struction, reconstruction  and  repairs  shall  be  done  under  the 
supervision  of  an  employe  of  the  Board  of  Public  Works  to  be 
designated  by  the  said  board,  and  the  Southern  Railway  Com- 
pany in  Kentucky  shall  pay  to  the  city  of  Louisville  the  actual 
cost  to  it  of  the  services  of  such  employe  in  such  supervision. 

§  3.  The  Southern  Railway  Company  in  Kentucky  by  the  ac- 
ceptance of  this  ordinance  agrees  for  itself,  its  successors  and 
assigns,  that  in  the  event  the  proper  authorities  of  the  State 
of  Kentucky  or  the  city  of  Louisville  should  hereafter  require 
or  ordain  a  separation  of  the  grade  of  said  tracks,  or  either  of 
them,  from  the  grade  of  the  above  mentioned  public  way,  the 
said  Southern  Railway  Company  in  Kentucky,  its  successors  or 
assigns,  shall  cause  such  separation  to  be  effected  at  its  or  their 
expense,  in  accordance  with  the  plans  prescribed  by  such  authori- 
ties, or  to  take  up  and  remove  the  tracks  herein  authorized  and 
restore  the  public  way  hereby  occupied  in  good  condition.  Said 
tracks,  or  either  of  them,  shall  be  removed  at  any  time  upon 
order  of  the  Board  of  Public  Works  at  the  expense  of  the  said 
Southern  Railway  Company  in  Kentucky. 

§  4,  Said  Southern  Railway  Company  in  Kentucky  shall  in- 
demnify and  save  harmless  the  city  of  Louisville  for  any  claim 
for  damages  by  reason  of  the  construction,  maintenance  or  opera- 
tion of  said  track,  or  by  failure  to  repair  the  said  public  ways 
aforesaid,  ^and  the  acceptance  of  this  ordinance,  and  the  con- 
struction of  said  track  shall  bind  the  said  Southern  Railway  Com- 
pany in  Kentucky,  its  successors  or  assigns,  to  the  city  of  Louis- 
ville for  the  performance  of  each  undertaking  and  provision  of 
this  ordinance. 


REDEMPTION   OF   PROPERTY   SOLD  FOR   TAXES.  577 

§  5.  Locomotives  or  cars  shall  not  be  permitted  to  stand  in 
or  across  said  public  way  or  ways  longer  than  five  (5)  minutes 
or  to  pass  said  track  at  a  rate  of  speed  exceeding  eight  (8)  miles 
per  hour. 

§  6.  For  a  violation  of  any  provision  of  this  ordinance  by  the 
Southern  Railway  Company  in  Kentucky,  its  successors  or  as- 
signs, or  by  any  officer,  agent  or  employe  of  same,  the  said  com- 
pany, its  successors  or  assigns  shall  be  subject  to  a  fine  of  not 
less  than  twenty-five  ($25.00)  dollars  nor  more  than  one  hun- 
dred ($100.00)  dollars  for  each  offense. 

§  7.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  March  7,  1919.) 


(1)  REDEMPTION  OF  PROPERTY  SOLD  FOR  TAXES. 

When  City  Will  Permit  Redemption. 

AN  ORDINANCE  to  provide  for  the  payment  of  delinquent 
city  taxes  on  property  bought  in  by  the  city  at  tax  sales  under 
Sections  2997-3005,  inclusive,  of  the  Kentucky  Statutes,  after 
the  redemption  period,  provided  by  statute,  has  elapsed  and 
to  permit  the  redemption  of  said  property  before  the  city 
has  taken  a  deed. 

Whereas,  under  Section  2997  to  3005,  inclusive,  of  the  Ken- 
tucky Statutes,  numerous  pieces  of  real  estate  in  the  city  of 
Louisville  have  been,  and  may  hereafter  be,  purchased  by  the 
Tax  Receiver  for  the  city  at  sales  for  delinquent  taxes  held  under 
said  sections;  and, 

Wliereas,  The  time  allowed  by  statute  for  redeeming  many 
of  said  pieces  of  property  has  elapsed,  and  may  in  the  future 
elapse,  before  a  redemption  by  the  owner  or  owners;  and, 

Whereas,  Manj^  of  said  pieces  of  property  have  not  as  yet 
been  conveyed  to  the  city  by  deed  from  the  Tax  Receiver;  and 
Whereas,  It  is  deemed  to  the  best  interest  of  the  city  to  per- 
mit the  redemption  of  such  pieces  of  property  whenever  it  can 
receive  the  amount  for  which  the  said  property  wias  sold,  to- 
gether with  the  interest,  penalties  and  costs  accruing  thereon 
under  the  provisions  of  Section  3002,  Kentucky  Statutes,  and 
interest  on  all  of  said  sums  from  the  date  of  the  expiration  of 
the  redemption  period  at  the  rate  of  ten    (10)    per  cent  per 


578 REDEMPTION   OF   PROPERTY   SOLD  FOR   TAXES. 

annum,  and  the  further  payment  of  all  other  taxes  that  may  be 
due  the  city  for  other  years,  together  with  interest,  penalties 
and  costs,  as  provided  by  law: 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

In  all  cases  where  the  Tax  Receiver  has  purchased  for  the 
city  lots  for  the  satisfaction  of  its  taxes  at  the  sales  thereof 
held  pursuant  to  Sections  2997  to  3005,  inclusive,  of  Kentucky 
Statutes,  and  the  previous  owner  or  owners  thereof  have  per- 
mitted the  time  for  redemption  of  the  same  provided  by  law 
to  expire  without  such  redemption,  and  until  such  time  as  the 
city  shall  receive  a  deed  from  the  Tax  Receiver  for  such  prop- 
erty, the  previous  owner,  his  heirs  or  assigns  may  be,  and  are 
hereby,  permitted  to  redeem  said  property  from  such  sale  by 
the  payment  to  the  Tax  Receiver  of  the  amount  for  which  the 
said  property  was  sold,  together  with  interest,  penalties  and 
costs  thereon  accruing  during  the  redemption  period,  as  pro- 
vided by  Section  3002,  Kentucky  Statutes,  land  with  penalty 
upon  all  of  said  sums  from  the  expiration  of  said  redemption 
period  at  the  rate  of  ten  (10)  per  cent,  per  annum,  and  upon 
the  further  payment  of  all  other  taxes  that  may  be  due  the  city 
for  other  years,  together  with  interest,  penalties  and  costs  there- 
on as  provided  by  law.     {Approved  February  13,  1913.) 

(See  lalso  Sales  of  Real  Estate  by  City.) 


(2)  REDEMPTION  OF  PROPERTY  SOLD  FOR  TAXES. 

When  City  May  Give  Quitclaim  Deed. 

AN  ORDINANCE  authorizing  the  Mayor  to  make  a  quitclaim 
deed  on  behalf  of  the  city  to  property  to  which  the  city  has 
received  a  deed  under  Sections  2997  to  3005,  inclusive,  of 
the  Kentucky  Statutes,  and  to  property  bought  in  by  the  city 
at  the  courthouse  door,  whether  the  city  has  received  a  deed 
of  such  property  or  not. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

Whereas,  The  city  of  Louisville  has  received  deeds  to  various 
pieces  of  property  bought  in  by  the  city  for  delinquent  taxes 
under  Sections  2997  to  3005,  inclusive,  of  the  Kentucky  Statutes, 
and  has  bid  in  viarious  pieces  of  property  for  delinquent  taxes 


REDEMPTION   OF   PROPERTY   SOLD  FOR   TAXES.  579 

at  sales  made  at  the  courthouse  door  of  Jefferson  county,  to 
some  of  which  it  has  received  deeds  and  to  some  of  which  it  has 
not  received  deeds,  and  will  from  time  to  time  buy  in  property 
sold  as  aforesaid  for  delinquent  taxes,  and  receive  deeds  thereto, 
and 

Whereas,  It  is  deemed  to  the  best  interest  of  the  city  to  gen- 
erally permit  the  redemption  of  such  pieces  of  property,  as  have 
not  been  sold  by  the  City  Comptroller,  whenever  the  city  can  re- 
ceive the  amount  for  which  said  property  was  sold,  together  with 
interest,  penalties,  and  costs  of  sale  or  suit  accruing  thereon,  a 
further  penalty  of  twelve  (12)  per  cent  per  annum  on  all  of 
said  sums  from  the  date  of  the  expiration  of  the  redemption 
period  until  paid ;  and  also  the  cost  of  recording  the  deed  to  the 
city,  if  any,  and  any  other  costs  to  which  the  city  miay  have  been 
put  in  securing,  maintaining  or  holding  possession  thereof,  or  in 
attempting  to  dispose  thereof,  and  a  further  payment  of  all  other 
taxes  that  may  be  due  the  city  for  other  years,  together  with 
any  interest,  penalties  and  costs  thereon,  as  provided  by  law; 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

In  all  oases  where  the  city  of  Louisville  has  received  a  deed 
to  property  sold  for  city  taxes  under  Sections  2997  to  3005,  in- 
clusive, of  the  Kentucky  Statutes,  and  in  all  cases  where  the  city 
of  Louisville  has  bought  in  property  sold  at  the  courthouse  door 
for  delinquent  city  taxes,  whether  the  city  has  received  a  deed 
to  said  property  or  not,  and  until  such  time  as  the  City  Comp- 
troller shall  have  sold  the  said  property,  and  unless  otherwise 
specially  directed  by  the  General  Council  of  the  city  of  Louis- 
ville in  any  particular  case,  the  Mayor  of  the  city  of  Louisville 
is  hereby  authorized  and  instructed  to  execute  for  the  city  a  quit- 
claim deed  to  any  such  property  to  the  previous  owner,  his  heirs 
or  assigns,  upon  the  pa>Tnent  to  the  Tax  Receiver  of  the  city  of 
Louisville  of  the  amount  for  which  said  property  was  sold,  to- 
gether with  interest,  penalties  and  costs  of  sale  or  suit  accruing 
thereon,  a  further  penalty  of  twelve  (12)  per  cent  per  annum 
on  all  of  said  sums  from  the  date  of  the  expiration  of  the  re- 
demption period  until  paid ;  also  the  cost  of  recording  the  deed 
to  the  city,  if  any,  and  any  cost  to  which  the  city  may  have  been 
put  in  securing,  maintaining  or  holding  possession  thereof,  or  in 
attempting  to  dispose   thereof,   and   a  further  payment   of  all 


580  REGISTRATION. 


other  taxes  that  may  be  due  the  city  for  other  years,  together 
with  any  interest,  penalties  and  cost  thereon,  as  provided  by  law. 
(Approved  August  22,  1913.) 

(See  also  Sales  of  Real  Estate  by  City.) 


(1)  REGISTRATION. 
Additional  Registration  Day. 

AN  ORDINANCE  providing  for  an  additional  registration  day 

in  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  first  Wednesday  after  the  first  Tuesday  in 
October  in  each  year,  from  the  hours  of  6  o'clock  in  the  morn- 
ing, until  9  o'clock  in  the  evening  shall  be  and  it  is  hereby  ap- 
pointed an  additional  registration  day  for  voters  in  the  city  of 
Louisville,  and  that  the  officers  of  registration  shall  register  on 
said  day  the  voters  of  the  city  entitled  to  register  in  the  same 
manner  and  subject  to  the  same  rules  and  regulations  as  pro- 
vided by  law  for  the  holding  of  a  registration  for  that  purpose 
on  the  first  Tuesday  in  October  in  each  year. 

§  2.  That  an  ordinance  entitled  "An  ordinance  providing 
additional  registration  days  in  the  city  of  Louisville,"  approved 
September  30,  1893,  be  and  the  same  is  hereby  repealed. 

§  3.  That  this  ordinance  shall  take  effect  from  its  passage. 
(Approved  December  24,  1903.)  (See  also  (1)  Fire  Depart- 
ment.) 


(2)  REGISTRATION. 

Prohibiting  Purchase  or  Sale  of  Certificates. 

AN  ORDINANCE  prohibiting  the  purchase  or  sale  of.  or  the 

attempt  to  purchase  or  sell  any  registration  certificate. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  any  person  who,  by  paying  or  offering  to  pay  any 
sum  of  money  or  by  giving  or  offering  to  give  anything  of  value, 
or  by  promising  or  offering  to  promise  any  benefit,  shall  pur- 
chase, or  attempt  to  purchase,  or  obtain  or  attempt  to  obtain 
the  possession  of  any  registration  certificate  of  any  person  reg- 


SALARIES.  581 


istered  as  a  voter  in  any  precinct  of  the  city  of  Louisville,  and 
any  person  who  has  been  registered  as  a  voter  in  any  precinct 
of  the  city  of  Louisville,  and  who,  for  money,  or  the  promise  of 
money,  or  for  anything  of  value,  or  any  benefit  or  promise  of 
any  benefit,  shall  sell  or  offer  to  sell,  or  shall  give  up  the  pos- 
session of  the  certificate  of  such  registration,  shall  be  deemed 
guilty  of  a  misdemeanor  and  shall  for  each  offense  be  fined  not 
exceeding  fifty  dollars   ($50). 

§  2.  Any  person  who  shall  procure  another  to  do,  or  shall 
aid  or  abet  in  the  doing  of  anything  prohibited  by  Section  1  of 
this  ordinance  shall  be  subject  to  the  same  penalty. 

§  3.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  4.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  Aitgust  25,  1909.) 


(1)   SALARIES. 

AN  ORDINANCE  fixing  and  regulating  the  salaries  of  officers 

of  the  city  of  Louisville. 
Be  it  ordaified  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  following  named  officers  shall  receive  from 
the  city  of  Louisville  annually  the  respective  sums  set  opposite 
their  names,  such  salaries  to  be  paid  monthly,  as  now  provided 
by  law: 

The  Mayor  shall  receive  the  sum  of $5,000.00 

*The  City  Attorney  shall  receive  the  sum 

of   4,000.00   [$5,000.00] 

The  Treasurer  shall  receive  the  sum  of . .  .  3,500.00 

The  Comptroller  shall  receive  the  sum  of.  .  3,500.00 

The  Assessor  shall  receive  the  sum  of .  .  .  .  3,500.00 

The  Tax  Receiver  shall  receive  the  sum  of.  3,500.00 

The  Judge  of  the  Police  Court  shall  re- 
ceive the  sum  of 3,500.00 

The  Prosecuting  Attorney   of   the   Police 

Court  shall  receive  the  sum  of 3,500.00 

The  Gas  Inspector  shall  receive  the  sum  of.  3,000.00 

*The  Assistant  City  Attorney  shall  receive 

the  sum  of 2,500.00   [$3,000.00] 


« 


582  SALARIES. 


The  Auditor  shall  receive  the  sum  of 2,750.00 

The  Chairman  and  Members  of  the  Board 
of  Public  Works  shall  each  receive 
the  sum  of 2,500.00 

The  Chairman  and  Members  of  the  Board 
of  Public  Safety  shall  each  receive 
the  sum  of 2,500.00 

The  Clerk  of  the  Police  Court  shall  receive 

the  sum  of 3,500.00 

*TheCity  Buyer  shall  receive  the  sum  of.  .   2,400.00   [$2,500.00] 

The  Bailiff  of  the  Police  Court  shall  re- 
ceive the  sum  of 3,500.00 

The  Clerk  of  the  Board  of  Aldermen  shall 

receive  the  sum  of 2,000.00 

The   Clerk   of  the   Board   of  Councilmen 

shall  receive  the  sum  of 2,000.00 

The  Tax  Receiver's  Cashier  shall  receive 

the  sum  of 1,800.00 

tThe  First  Assistant  Assessor  shall  re- 
ceive the  sum  of 1,650.00   [$2,000.00] 

**The  Mayor's  Clerk  shall  receive  the  sum 

of 2,000.00   [$2,500.00] 

*The  Comptroller's  Clerk  shall  receive  the 

sum  of 1,500.00   [$2,000.00] 

The   Treasurer's   Clerk   shall   receive  the 

sum  of 1,500.00 

fThe  Assessor's  six  Assistants  shall  each 

receive  the  sum  of 1,350.00 

tThe  Assessor's  Draughtsman  shall  re- 
ceive the  sum  of 1,350.00 

The    Stenographer    of    the    Police    Court 

shall  receive  the  sum  of 1,200.00 

The  Tax  Receiver's  Bookkeeper  shall  re- 
ceive the  sum  of 1,200.00 

**The  City  Attorney's  Stenographer  shall 

receive  the  sum  of 1,020.00 

The    Tax  Receiver's    General    Clerk    shall 

receive  the  sum  of 1,000.00 

fThe  Assessor's  Transfer  Clerk  shall  re- 
ceive the  sum  of 1,000.00 


SALARIES.  583 


The  two  Deputies  of  the  Clerk  of  the  Police 

Court  shall  each  receive  the  sum  of . .  .    1,200.00 

The  two  Assistants  of  the  Biailiff  of  the 
Police  Court  shall  each  receive  the 
sum   of 1,200.00 

JThe  City  Buyer's  Clerk  shall  receive  the 

sum   of 1,200.00 

The  Interpreter  of  the  PoHce  Court  shall 

receive  the  sum  of 900.00 

The    Mayor's    Stenographer    shall    receive 

the  sum  of 900.00   [abolished] 

The  Assistant   City  Attorney's   Stenog- 
rapher shall  receive  the  sum  of 900.00 

§  2.  That  the  salaries  of  the  Sergeant-at-Arms  of  the  Board 
of  Aldermen,  the  Sergeant-at-Arms  of  the  Board  of  Councilmen, 
two  Pages  of  the  Board  of  Aldermen  and  two  Pages  of  the  Board 
of  Councilmen  shall  each  be  $1.50  per  session  of  the  General 
Council. 

§  3.  That  the  salaries  fixed  by  the  ordinances  shall  apply  to 
and  be  effective  from  the  date  of  the  passage  of  this  ordinance, 
and  shall  apply  to  the  successors  of  the  present  incumbents  of 
the  offices,  who  were  voted  for  at  the  November  election,  1901, 
but  who  have  not  yet  qualified  and  taken  possession  of  their 
offices,  and  to  any  person  who  may  be  elected  or  appointed  to 
fill  any  vacancies  that  miay  occur  in  any  of  said  offices. 

§  4.  That  all  ordinances  and  parts  of  ordinances  in  conflict 
with  this  ordinance  be,  and  they  are,  hereby  repealed  and  held 
for  naught. 

§  5.  That  the  Clerks  of  the  General  Council  shall  perform 
such  duties  as  m^ay  be  specified  and  directed  by  the  Comptroller 
or  by  ordinance. 

§  6.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage.     (Approved  November  15,  1901.) 

*Salary  since  changed  as  indicated  in  brackets. 

*See   (5)   City  Attorney's  Office. 

fSee  ordinance  regulating  Assessor's  Department. 

JSee  ordinance  regulating  City  Buyer. 

(For  additional  offices  see  "List  of  Positions y) 


584  SALES  OF  REAL  ESTATE  BY  CITY. 

(1)   SALES  OF  REAL  ESTATE  BY  CITY, 

Property  Purchased  at  Tax  Sales. 

AN  ORDINANCE  directing  the  City  Comptroller  as  to  the  time 
land  manner  of  sale  of  lands  purchased  by  the  city  at  tax 
sales  held  pursuant  to  Sections  2997  to  3005,  inclusive,  of 
the  Kentucky  Statutes,  to  which  the  city  has  received  a  deed 
and  of  which  it  has  possession. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  the  City  Comptroller  may,  at  any  time  in  his  discre- 
tion after  the  first  day  of  April  next  succeeding  the  expiration 
of  the  redemption  period,  sell  at  public  auction  any  lands  pur- 
chased by  the  city  of  Louisville  at  its  tax  sales  held  pursuant  to 
Sections  2997  to  3005,  inclusive,  of  the  Kentucky  Statutes,  to 
which  the  city  has  received  a  deed  and  of  which  it  has  possession. 
§  2.     Such  sale  shall  be  advertised  by  the  Comptroller  by  post- 
ing for  fifteen   (15)   days  prior  to  the  day  of  sale  a  written  or 
printed  notice  thereof  at  the  City  Hall  Annex  door  and  on  each 
or  near  each  piece  of  property  to  be  sold  'and  the  Comptroller  may 
in  his  discretion,  publish  such  notice  in  brief  form  not  oftener 
than  once  a  week  for  two  consecutive  weeks  next  preceding  the 
day  of  sale  in  one  daily  newspaper  of  general  circulation  in  the 
city  of  Louisville  printed  in  the  English  language,  such  news- 
paper to  be  selected  by  the  Comptroller. 

§  3.  No  appraisement  of  property  sold  hereunder  shall  be 
necessary,  and  the  Comptroller  shall  have  the  right  to  reject  any 
and  all  bids. 

§  4.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed,  and  particularly  an  ordinance  ap- 
proved February  21,  1916,  entitled  "An  ordinance  directing  the 
City  Comptroller  as  to  the  time  and  manner  of  sale  of  property 
purchased  by  the  city  at  tax  sales,  and  to  which  it  has  received 
a  deed  and  of  which  it  has  possession." 

§  5.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  May  7,  1918.) 


SALES  OF  REAL  ESTATE  BY  CITY. 585 

(2)   SALES  OF  REAL  ESTATE  BY  CITY. 

Property  Purchased  at  Judicial  Sales. 

AN  ORDINANCE  providing  for  the  sale  of  real  estate  purchased 
by  the  city  of  Louisville  at  judicial  sales  for  taxes  to  which 
it  has  acquired  a  deed,  of  which  it  has  possession,  and  the 
disposal  of  which  is  not  otherwise  provided  for. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  any  and  all  real  estate,  which  the  city  of  Louisville 
has  purchased,  or  m^ay  hereafter  purchase,  at  judicial  sales  re- 
sulting from  proceedings  to  enforce  the  city's  lien  thereon  for 
taxes,  to  which  the  city  of  Louisville  has  acquired,  or  may  here- 
after acquire  a  deed,  of  which  it  has  or  may  hereafter  have  pos- 
session, and  the  disposal  of  which  is  not  otherwise  provided  for, 
may  be  sold  at  public  sale  at  the  City  Hall  Annex  door  by  the 
Comptroller  -at  any  time  in  his  discretion.  Such  sale  shall  be  ad- 
vertised by  the  Comptroller  by  posting  for  fifteen  (15)  days  prior 
to  the  day  of  sale,  written  or  printed  notice  thereof  at  the  City 
Hall  Annex  door,  and  on  or  near  each  piece  of  property  to  be 
sold,  and  the  Comptroller  may,  in  his  discretion,  publish  such 
notice  in  brief  form  not  oftener  than  once  a  week  for  two  con- 
secutive weeks  next  preceding  the  day  of  sale  in  one  daily  news- 
paper of  general  circuktion  in  the  city  of  Louisville  printed  in 
the  English  language,  such  newspaper  to  be  selected  by  the 
Comptroller. 

§  2.  No  appraisement  of  property  sold  hereunder  shall  be 
necessary,  and  the  Comptroller  shall  have  the  right  to  reject  any 
and  all  bids. 

§  3.  The  Mayor  and  Comptroller  are  hereby  jointly  directed 
and  empowered,  on  behalf  of  the  city  of  Louisville,  to  execute  a 
deed,  or  deeds,  with  special  warranty  for  property  sold  here- 
under. 

§  4.  All  ordinances  or  parts  of  ordinances  in  conflict  herewith 
are  hereby  repealed,  and  particularly  an  ordinance  approved 
March  18,  1915,  entitled  "An  ordinance  providing  for  the  sale  of 
real  estate  purchased  by  the  city  of  Louisville  at  judicial  sales 
for  taxes  to  which  it  has  acquired  a  deed,  of  which  it  has  posses- 
sion, and  the  disposal  of  which  is  not  otherwise  provided  for. 

§  5.  This  ordinance  shall  take  eflfect  from  and  after  its  pas- 
sage.    {Approved  May  7,  1918.) 


586  SALOON  REGULATIONS. 


(1)  SALOON  REGULATIONS. 

Hours  of  Closing;  Dancing. 

AN  ORDINANCE  regulating  the  sale  of  spirituous,  vinous,  malt 
and  intoxicating  liquors  of  every  kind  and  prescribing  the 
hours  and  conditions  for  the  sale  thereof. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  unlawful  for  any  person  or  persons, 
owner,  agent  or  employe  of  a  saloon,  barroom  or  place  of  any 
kind  w^here  spirituous,  vinous  or  malt  liquors,  or  other  intoxi- 
cating liquors  of  any  kind  are  sold  at  retail,  or  by  the  drink,  to 
keep  said  place  open  from  and  after  the  hour  of  1  o'clock  a.  m., 
or  to  open  said  place  of  business  before  the  hours  of  5  o'clock 
a.  m. 

§  2.  It  shall  be  unlawful  for  any  person,  firm  or  corporation 
to  have,  maintain,  or  operate,  or  cause  to  be  maintained  or  oper- 
ated a  dance  hall,  where  persons  may  engage  in  dancing  either 
for  pay  or  for  the  purchase  of  liquors,  or  free,  in  any  apartment 
connected  with  a  saloon,  barroom  or  any  place  where  spirituous, 
vinous  or  malt  liquors,  or  other  intoxicating  liquors  are  sold, 
but  this  section  shall  not  apply  to  licensed  public  gardens  or 
dance  halls  at  such  times  as  licensed  picnics  or  balls  are  given 
therein. 

§  3.  That  any  keeper,  owner,  agent,  employe  or  manager  of 
any  saloon  or  dance  hall  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  fined  twenty-fi.ve  dollars  ($25)  for 
each  offense,  and  each  sale  or  other  act  committed  in  violation 
of  this  ordinance  shall  constitute  a  separate  offense. 

§  4.  This  ordinance  shall  take  effect  on  and  after  its  publica- 
tion.    {Approved  July  22,  1905.) 

(See  also  (8)  and  (9)  License;  Chili  Parlor's;  (4)  Bonds.) 


SALOON  REGULATIONS. 587 

(2)   SALOON  REGULATIONS. 

AN  ORDINANCE  regulating  the  sale,  delivery  or  gift  of  spir- 
ituous, vinous  or  malt  liquors  by  any  person,  firm  or  corpora- 
tion, to  be  consumed  or  used  off  the  premises  where  sold  or 
given,  and  prescribing  the  manner  and  condition  for  the 
sale,  delivery  or  gift  thereof. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  It  shall  be  unlawful  for  'any  person,  firm  or  corpora- 
tion, his  or  their  agents,  servants  or  employes,  to  sell,  give  or 
deliver  within  the  corporate  limits  of  the  city  any  spirituous, 
vinous  or  malt  liquors  of  any  character  whatsoever  to  any  per- 
son or  persons  for  use  or  consumption  off  the  premises  where 
sold,  given  or  delivered  except  as  hereinafter  provided. 
§  2.     Section  1  hereof  shall  not  apply : 

(1)  To  a  bona  fide  sale  or  delivery  of  sale  liquor  by  a  whole- 
saler to  a  licensed  retailer  authorized  by  law  to  receive  and  dea} 
in  same,  or 

(2)  To  any  licensed  druggist  for  medical  purposes  on  a  pre- 
scription written  and  signed  by  a  regularly  licensed  physician 
legally  ^authorized  to  practice  medicine,  or 

(3)  To  sale  of  liquor  for  religious  or  sacramental  purposes, 
or 

(4)  To  bona  fide  sales  of  any  such  liquor  by  a  licensed  dealer 
to  bona  fide  residents  of  the  city  of  Louisville,  provided  that  in 
each  and  every  instance  where  such  bona  fide  sales  are  made  by 
a  licensed  dealer  to  the  resident  of  the  city  of  Louisville,  such 
liquor  shall  be  delivered  to  the  residence  of  such  resident  and 
the  dealer  shall  cause  to  be  kept  in  his  principal  office  in  the  city 
of  Louisville  a  record  of  each  and  every  sale,  delivery  or  gift  so 
made  to  any  resident  of  the  city  of  Louisville ;  the  record  to  con- 
tain the  name,  address  and  quantity  of  liquor  sold,  given  or  de- 
livered to  such  resident,  together  with  the  date  thereof,  and  such 
record  shall  be  open  at  all  times  to  inspection  by  officers  of  the 
United  States,  including  military  officers,  officers  of  the  State 
and  of  the  city  of  Louisville. 

(5)  To  the  purchase  of  beer  in  open  top,  transparent  glass 
pitchers  capable  of  holding  not  less  than  two  quarts,  by  bona 
fide  residents  of  the  city  of  Louisville  or  a  member  of  his  family 
(except  if  a  soldier)  for  family  use  and  such  purchases  may  be 


588  SANITATION. 


carried  home  by  the  citizen  or  said  member  of  his  family  and 
record  of  sale  of  same  need  not  be  kept  by  the  licensed  dealer. 

§  3.  That  any  person,  firm  or  corporation,  their  agent,  ser- 
vant or  employe,  who  shall  violate  any  of  the  provisions  of  this 
ordinance  shall  be  fined  not  less  than  twenty-five  dollars  and  not 
more  than  one  hundred  dollars  for  each  offense,  and  each  sale 
or  other  act  committed  in  violation  of  this  ordinance  shall  con- 
stitute a  separate  offense. 

§  4.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.     {Approved  August  14,  1918.) 


(1)   SANITATION. 

General  Regulations. 

AN  ORDINANCE  regulating  the  sanitary  condition  of  manu- 
facturing establishments,  tenement  houses,   lodging  houses, 
boarding  houses,  stores  and  public  buildings  in  the  city  of 
Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  no  owner,  lessee,  or  keeper  of  any  tenement  house, 
lodging  house,   boarding  house,   manufactory,   store,   or   public 
building  shall  cause  or  allow  the  same  to  be  overcrowded,  or 
cause  or  allow  so  great  a  number  of  persons  to  dwell,  be,  or  sleep 
in  any  such  house,  or  any  portion  thereof,  as  thereby  to  cause 
tany  danger  or  detriment  to  life  or  health. 

§  2.  That  every  person  who  shall  be  the  owner,  lessee,  man- 
ager, or  keeper  of  any  tenement  house,  boarding  house,  lodging 
house,  manufactory,  store  or  pubHc  building,  shall  provide  or 
cause  to  be  provided  for  the  accommodation  of  those  boarding, 
lodging,  or  engaged  therein,  and  for  the  use  of  the  tenants, 
lodgers,  boarders,  and  workers  therein,  adequate  privies  and 
water  closets,  and  the  same  shall  be  so  adequately  ventilated  and 
shall  at  all  times  be  kept  in  such  cleanly  and  wholesome  condi- 
tion as  not  to  be  offensive  or  be  dangerous  or  detrimental  to  life 
or  health;  and  no  offensive  smell  or  gasses  from  or  through  any 
outlet  or  sewer  or  through  any  such  privy  or  water-closet,  shall 
be  allowed  by  any  person  aforesaid  to  pass  into  such  house  or 
any  part  thereof,  or  into  any  house  or  building. 


SANITATION.  589 


§  3.  That  every  owner,  lessee,  tenant,  or  manager  of  any 
tenement  house,  boarding  house,  lodging  house,  manufactory, 
store,  or  public  building  shall  cause  every  part  thereof  and  its 
appurtenances  to  be  put,  and  shall  thereafter  cause  the  same  to 
be  kept,  in  a  cleanly  and  v^holesome  condition,  and  shall  speedily 
cause  every  department  thereof  in  v^hich  any  person  may  sleep, 
dwell  or  work,  to  be  adequately  lighted  or  ventilated;  and  if  the 
same  be  a  manufactory,  shall  cause  every  part  thereof  in  which 
any  person  may  work  to  be  maintained  at  such  a  temperature, 
and  be  provided  with  such  accommodations  'and  safeguards  as 
not,  by  reason  of  the  want  thereof,  or  anything  about  the  con- 
dition of  such  manufactory  or  its  appurtenances,  to  cause  any 
unnecessary  danger  or  detriment  to  the  life  or  health  of  any 
person  being  properly  therein  or  thereat. 

§  4.  Any  person  who  shall  violate  'any  of  the  provisions  of 
this  ordinance,  after  being  given  thirty  days'  notice  in  writing, 
by  the  health  officer  to  comply  therewith,  specifying  what  he  is 
required  to  do  with  respect  to  the  premises  owned,  leased,  or  kept 
by  him,  shall  be  fined  not  less  than  ten  dollars  ($10)  nor  more 
than  fifty  dollars   ($50)   for  each  offense. 

§  5.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  April  19,  1898.) 

(See  also  Diseases;  Nuisances;  Tenement  House  Law  (Char- 
ter Sec.  3037g)  ;  Milk;  Plumbing  Code;  Privy  Vaults;  Sewers; 
Smoke;   (2)   Second-Hand  Dealers;  Spitting;  Weeds.) 


(2)  SANITATION. 

Requiring  Removal  of  Stagnant  Water. 

AN  ORDINANCE  concerning  the  removal  of  stagnant  water 

from  vacant  lots  in  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  Any  vacant  lot  or  lots  containing  stagnant  water  or 
other  m'atter  or  substance  deleterious  to  health,  upon  inspec- 
tion and  condemnation  by  the  health  officer  or  on  the  petition 
of  two-thirds  of  the  property  owners,  renters,  or  residents  upon 
the  square  or  block  in  which  said  stagnant  water,  or  other  mat- 
ter or  substance  deleterious  to  health,  may  exist  or  is  located, 
shall  be  removed  and  abated  under  the  direction  and  supervision 


590  SANITATION. 


of  the  Board  of  Public  Works.  The  Board  of  Public  Works,  on 
the  request  of  the  health  officer,  shall  give  the  owner  of  said  lot 
or  lots  containing  the  said  nuisance,  or  his  agent,  if  any,  ten 
days'  notice  to  remove  or  abate  such  nuisance,  under  the  direc- 
tion and  supervision  of  the  Board  of  Public  Works;  and  if  the 
said  owner,  after  being  given  notice  as  aforesaid,  shall  fail  to 
abate  or  remove  such  nuisance,  he  or  she  shall  be  fined  not  less 
than  ten  ($10)  nor  more  than  twenty-five  dollars  ($25)  for  each 
day's  continuance  of  the  nuisance,  to  be  recovered  as  provided  by 
law  for  the  violation  of  other  ordinances. 

§  2.  All  costs  and  expenses  necessarily  incurred  by  the  city 
of  Louisville  in  removing  or  abating  any  such  nuisance,  after 
notice,  and  upon  the  failure  of  the  owner  to  remove  or  abate  the 
same,  as  provided  in  the  first  section  of  this  ordinance,  shall 
be  paid  by  such  owner  into  the  city  treasury,  and  in  default  of 
his  doing  so,  suit  shall  be  instituted  by  the  city  attorney  to  re- 
cover the  amount  for  the  city  in.  any  court  having  jurisdiction 
thereof. 

§  3.  The  ordinance  entitled  "An  ordinance  concerning  the 
removal  of  stagnant  water  from  lots  in  the  city  of  Louisville," 
approved  August  7,  1871,  is  hereby  repealed. 

§  4.  This  ordinance  shall  not  repeal,  or  affect  in  any  way, 
the  ordinance  entitled  "An  ordinance  empowering  and  authoriz- 
ing the  health  officer  to  order  the  removal,  abatement,  or  pre- 
vention of  any  and  every  sanitary  nuisance  in  the  city  of  Louis- 
ville," approved  December  24,  1895. 

§  5.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage and  publication.     {Approved  March  20,  1897.) 


(3)   SANITATION. 

Police  Officers,  Sanitary  Inspectors. 

AN  ORDINANCE  making  members  of  the  Police  Department 
sanitary  inspectors  of  the  Health  Department. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  The  Police  Department  of  the  city  of  Louisville  shall  con- 
stitute an  active  adjunct  to  the  Health  Department.  The  indi- 
vidual members  of  the  Police  Department  shall  be  and  are  hereby 
authorized  to  perform  the  duties  of  sanitary  inspectors. 


SANITATION.  591 


§  2.  Patrolmen  shall  abate  those  nuisances  which  have  no 
direct  bearing  on  the  spread  of  communicable  diseases,  such  as 
ash  piles  or  other  accumulation  of  rubbish,  unsightly  matters  in 
general,  weeds,  chicken  yards,  slop  water,  bad  odors  and  similar 
conditions. 

§  3.  Patrolmen  shall  also  investigate,  report  upon  and  abate 
such  other  nuisances  as  may  be  directed  by  the  Board  of  Safety. 

§  4.  Members  of  the  Police  Department  shall  be  furnished 
with  copies  of  ordinances  relating  to  public  health  in  the  city  of 
Louisville,  for  their  information  and  guidance. 

§  5.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed, 

§  6.  This  ordinance  shall  take  effect  upon  its  pass^age.  {A})- 
proved  October  6,  1917.) 


(4)   SANITATION. 

Removal  of  Manure. 

AN  ORDINANCE  providing  for  the  prompt  removal  of  manure 
from  stables  and  its  keeping  in  fly-proof  receptacles  prior  to 
collection. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  It  shall  be  the  duty  of  every  person  owning,  controlling, 
operating  or  having  in  charge  any  public  or  private  stable,  barn 
or  place  where  horses,  mules,  asses,  cattle,  sheep,  goats,  swine  or 
other  livestock  are  kept,  to  have  and  maintain  at  all  times  upon 
the  premises  or  adjacent  to  such  stable,  barn  or  place,  a  recep- 
tacle of  sufficient  dimensions  which  shall  be  fly-proof  from  March 
to  November  of  each  year,  for  the  purpose  of  containing  the 
droppings  of  manure  from  such  stock,  which  said  receptacle  shall 
have  a  top  or  lid  so  arranged  as  to  be  watertight  and  fly-proof ; 
and  such  owner,  tenant  or  occupant  shall  each  day  cause  to  be 
deposited  therein  all  droppings  from  such  stock  and  shall  keep 
the  lid  thereof  closed  (except  when  necessary  and  briefly  open 
for  the  purpose  of  depositing  therein  or  removing  therefrom) 
in  such  manner  as  to  prevent  the  ingress  or  egress  of  flies  thereto 
or  therefrom. 

§  2.  Every  owner,  tenant  or  occupant  within  the  city  of  Louis- 
ville shall  cause  the  contents  of  such  receptacle  to  be  removed 


592  SANITATION. 


from  the  premises  at  least  once  a  week  and  oftener  if  required 
by  the  Health  Department,  such  requirements  applying  to  the 
period  between  March  and  November  of  each  year. 

§  3.  No  receptacle  shall  be  constructed  or  used  for  holding 
manure  the  bottom  of  which  is  below  the  surface  of  the  sur- 
rounding earth  unless  it  be  constructed  of  substantial  cement  or 
masonry  and  connected  with  the  public  sewer.  Receptacles  hold- 
ing manure  shall  be  constructed  so  as  to  prevent  the  entrance  of 
water. 

§  4.  Manure  shall  be  removed  from  the  stables,  barns  and 
places  within  the  city  at  the  expense  of  the  owner,  occupant  or 
agent  and  shall  not  be  used  as  fertilizer  within  the  city  limits 
without  the  permission,  in  writing,  from  the  Health  Depart- 
ment. 

§  5.  No  manure  shall  be  transported  along  any  public  street, 
alley  or  highway  within  the  city  of  Louisville  except  in  a  tight 
vehicle  which,  if  not  closed,  must  be  covered  with  canvas  or  other 
suitable  material,  so  as  to  prevent  the  falling  of  the  manure 
therefrom  and  the  access  of  flies  thereto. 

§  6.  Any  person  or  persons  violating  or  assisting  in  the  vio- 
lation of  any  part  or  parts  of  this  ordinance,  shall,  upon  convic- 
tion, be  fined  not  less  than  ten  ($10)  dollars  or  more  than  fifty 
($50)  dollars,  and  each  day's  continuance  of  the  condition  shall 
be  a  separate  offense. 

§  7.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  8.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  October  6,  1917.) 


(.5)  SANITATION. 
Public  Drinking  Cup,  Prohibited. 

AN  ORDINANCE  prohibiting  the  use  of  common  drinking  cups, 
common  towels  or  other  eating  or  drinking  utensils  in  public 
places. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     It  shall  be  unlawful  to  expose,  keep,  provide  or  permit 

any  drinking  vessel  to  be  used  in  common  in  any  public,  private 

or  parochial  school  or  Sunday-school,  hotel,  lodging  house,  board- 


SANITATION.  593 


ing  house,  restaurant,  depot  station,  waiting  room,  boat,  store, 
factory,  hall,  theater,  moving  picture  house,  library,  public  insti- 
tution, street,  park  or  any  other  public  place. 

§  2.  No  glass,  dish,  cup,  spoon,  measure  or  other  eating  or 
drinking  vessel  or  utensil  used  in  or  at  any  hotel,  saloon,  restau- 
rant, drug  store,  soda  fountain  or  other  place  of  public  refresh- 
ment in  the  city  of  Louisville  shall  be  offered  or  permitted  to  be 
used  by  any  other  patron  unless  it  has  been  thoroughly  cleansed 
since  it  was  last  used  and  is  thoroughly  clean  at  the  time  that  it 
is  offered  for  use. 

§  3.  No  person,  firm  or  corporation  having  the  management 
or  control  of  any  factory,  department  store  or  other  business 
establishment,  school,  hotel,  theater,  concert  hall,  restaurant, 
cafe,  ferry  boat,  ferry  house  or  river  boat,  public  lavatory  or 
washroom  shall  maintain  therein  or  thereat  any  towel  or  towels 
for  use  in  common. 

§  4,  The  term  "common"  is  hereby  defined  as  more  than  one 
person. 

§  5.  Any  person  or  corporation  violating  the  provisions  of 
this  ordinance  shall  be  fined  not  less  than  one  ($1)  dollar  nor 
more  than  ten  ($10)  dollars,  and  each  day's  violation  shall  con- 
stitute a  separate  offense. 

§  6.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  7.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage,    {Approved  October  6,  1917.) 


(6)  SANITATION. 

Closing  Polluted  Wells. 

AN  ORDINANCE  closing  polluted  wells. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  The  City  Chemist  shall  make  examinations  of  samples  of 
water  obtained  from  public  or  private  wells,  cisterns,  springs  or 
other  sources  of  supply,  whenever  such  water  is  used  for  human 
consumption. 

§  2.  Upon  receipt  of  information  from  the  City  Chemist  and 
Bacteriologist,  after  the  application  of  standard  chemical  and 
bacteriological  tests  to  the  samples  named  in  Section   (1)   that 


594      SEAL. 

such  samples  show  evidence  of  organic  pollution  or  contamina- 
tion and  that  such  pollution  and  contamination  is  detrimental  to 
human  health,  the  Board  of  Public  Works,  upon  notice  from  the 
Health  Department,  shall  at  once  close,  fill  or  otherwise  prevent 
the  further  use  of  the  water  from  such  water  sources;  provided 
that  before  any  private  well  or  any  other  private  source  of  water 
supply  is  condemned  a  hearing  shall  be  held  in  the  Police  Court. 

§  3.  It  shall  be  unlawful  for  anyone  to  use  or  attempt  to  use 
the  water  from  a  well,  cistern,  spring  or  other  water  source  for 
human  consumption  after  said  water  source  has  been  condemned 
by  the  Health  Department. 

§  4.  Any  person  or  persons  violating  or  assisting  in  the  vio- 
lation of  any  part  or  parts  of  this  ordinance  shall,  upon  convic- 
tion, be  fined  not  less  than  five  ($5)  dollars  and  not  more  than 
twenty  ($20)   dollars. 

§  5.  All  ordinances,  or  parts  of  ordinances,  in  conflict  here- 
with are  hereby  repealed. 

§  6.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  October  6,  1917.) 


SEAL. 

For  the  City  of  Louisville. 

AN  ORDINANCE  providing  a  new  public  seal  for  the  city  of 

Louisville. 
Be  it  ordained  by  the  Gejieral  Council  of  the  city  of  Louisville: 

§  1.  That  the  seal  for  the  city  of  Louisville  shall,  from  and 
after  the  passage  of  this  act,  be  the  device  presented  by  J.  R. 
Bauscher  and  recommended  by  a  committee  composed  of  Mayor 
W.  0.  Head,  Comptroller  Sam  M.  Wilhite  and  F.  W.  Keisker, 
president  of  the  Publicity  League.  The  main  features  of  said 
device  are  a  woman  symbolizing  said  city,  holding  aloft  a  banner 
bearing  the  motto  "Progress,"  and  having  an  overflowing  cornu- 
copia in  one  hand,  a  train  of  cars  to  her  right  and  a  steamboat 
at  her  left,  both  under  way,  the  whole  surmounted  with  the  in- 
scription, ''The  Nation's  Thoroughfare." 

§  2.  That  the  ordinance  approved  May  8,  1861,  entitled,  "An 
ordinance  establishing  a  public  seal  for  the  city,"  be  and  it  is 


SECOND-HAND  DEALERS.  595 

hereby  repealed  and  the  seal  therein  provided  for  be  and  it  is 
hereby  declared  to  be  no  longer  the  seal  of  said  city. 

§  3.     That  this  ordinance  shall  become  effective  ten  days  after 
the  date  of  its  approval.     (Approved  December  21,  1910.) 


(1)   SECOND-HAND  DEALERS. 

General  Regulations. 

AN    ORDINANCE    regulating    dealers    in    second-hand    goods, 
wares,  merchandise,  or  materials  in  the  city  of  Louisville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  every  person,  firm  or  corporation  who  shall  carry 
on  the  business  of  buying  or  selling  second-hand  goods,  wares, 
merchandise,  or  materials,  shall  be  deemed  a  second-hand  dealer 
within  the  meaning  of  this  ordinance. 

§  2.  It  shall  be  unlawful  for  any  person,  firm  or  corporation 
to  carry  on  the  business  of  second-hand  dealers  in  the  city  of 
Louisville  without  first  having  executed  a  bond  to  the  city  of 
Louisville,  'approved  by  the  General  Council,  in  the  sum  of  one 
hundred  dollars,  conditioned  that  he  or  they  will  faithfully  per- 
form and  observe  all  of  the  regulations  of  this  ordinance.  Said 
bond  shall  be  executed  in  the  Sinking  Fund  office,  in  the  presence 
of  the  treasurer  and  secretary  of  the  Sinking  Fund,  and  shall 
be  transmitted  to  the  General  Council  for  approval;  and  when 
approved  the  Comptroller  shall  be  the  custodian  of  said  bond, 
and  shall  notify  the  treasurer  and  secretary  of  the  Sinking  Fund 
of  such  approval,  and  no  license  shall  be  issued  to  any  such 
second-hand  dealer  until  said  bond  has  been  approved  by  the 
General  Council. 

§  3.  No  person,  firm  or  corporation  carrying  on  the  busi- 
ness of  second-hand  dealer  shall  at  any  time  or  under  any  cir- 
cumstances be  allowed  to  buy  second-hand  goods,  wares,  mer- 
chandise, or  materials  from  a  minor. 

§  4.  Every  person,  firm  or  corporation  carrying  on  the  afore- 
said business  shall  keep  a  register,  which  shall  contain  the  name 
of  the  person  or  persons  from  whom  any  second-hand  goods, 
wares,  merchandise,  or  materials  are  purchased,  the  date  when 
received  and  bought,  the  residence  or  place  of  business  of  such 
person  or  persons,  and  a  full  description  of  said  second-hand 


596  SECOND-HAND  DEALERS. 

goods,  wares,  merchandise,  or  materials,  same  to  be  in  plain, 
legible  English  handwriting;  and  shall  daily,  by  11  o'clock  a.  m., 
furnish  to  the  chief  of  police,  in  plain,  legible  English  hand- 
writing, a  true  land  correct  report  of  all  such  second-hand  goods, 
wares,  merchandise,  or  materials  so  purchased,  or  otherwise  in 
their  possession,  describing  said  articles  as  accurately  as  possi- 
ble. It  shall  be  the  duty  of  any  such  person,  firm  or  corporation 
to  allow  any  captain  of  police,  or  officer,  or  officers,  designated 
by  the  chief  of  police  or  chief  of  detectives,  upon  la  written  order, 
to  examine  and  inspect  such  register,  and  if  sufficient  informa- 
tion cannot  be  gained  from  an  inspection  of  said  register,  it 
shall,  upon  the  request  of  said  officer  or  officers,  be  the  duty  of 
any  person,  firm  or  corporation  to  permit  and  allow  said  officers 
to  examine  and  inspect  any  and  all  second-hand  goods,  wares, 
merchandise,  or  materials  belonging  to  or  temporarily  left  in 
charge  of  such  person,  firm  or  corporation. 

§  5.  It  shall  be  the  duty  of  the  chief  of  police  to  furnish 
blanks  for  the  report  herein  provided  for. 

§  6.  Whenever  any  second-hand  dealer  shall  go  from  house 
to  house  in  the  city  of  Louisville  for  the  purpose  of  buying  or 
selling  second-hand  goods,  wares,  merchandise,  or  m'aterials,  he 
shall  carry  his  license  and  exhibit  the  same  whenever  requested 
to  do  so  by  a  licensed  or  police  officer,  and  shall  wear  upon  his 
person,  in  a  conspicuous  place,  in  such  manner  that  it  may 
always  be  seen,  a  badge,  which  badge  shall  be  furnished  free  of 
charge  by  the  Commissioners  of  the  Sinking  Fund  to  any  person 
who  has  procured  a  license  as  a  second-hand  dealer.  Said  badge 
shall  be  of  metal,  and  shall  have  thereon  the  following  words: 
"City  of  Louisville.  Sinking  Fund,  Licensed  Second-hand  Dealer. 
No.  Expires  ,  189 ." 

It  shall  be  unlawful  for  any  person  to  wear  or  have  in  his 
possession  the  badge  herein  required  unless  he  be  the  licensed 
second-hand  dealer  in  whose  name  the  license  is  issued. 

On  the  expiration  of  the  license  of  any  second-hand  dealer 
he  shall  surrender  his  badge  to  the  Commissioners  of  the  Sink- 
ing Fund. 

It  shall  be  unlawful  for  any  person  to  destroy,  deface  or  in- 
jure said  badge  in  any  manner,  or  change  the  number  or  dates 
thereon. 


SECOND-HAND  DEALERS.  597 

§  7.  Any  person,  firm  or  corporation  who  shall  neglect,  or 
refuse  to  comply  with,  or  violate  any  of  the  provisions  of  this 
ordinance,  shall  be  fined  not  less  than  five  ($5)  nor  more  than 
twenty-five  dollars  ($25)  for  each  offense.  E'ach  day  such  per- 
son, firm  or  corporation  shall  neglect  or  refuse  to  comply  with, 
or  violate  any  of  the  foregoing  provisions,  shall  constitute  a 
separate  off'ense. 

§  8.  This  ordinance  to  take  effect  from  and  after  its  publica- 
tion.    (Approved  March  20,  1897.) 

(For  regulation  of  hours,  see  Pawnbrokers,  etc.  See  also 
Junk  Dealers;  Junk  Merchants;  Peddlers.) 


(2)   SECOND-HAND  DEALERS. 

•    Disinfection  of  Clothing,  etc. 

AN  ORDINANCE   requiring   second-hand   dealers  to  disinfect 
clothing  and  other  material. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  any  person,  company,  or  corporation  doing  busi- 
ness in  the  city  of  Louisville,  who  purchases  or  sells  goods  of 
any  kind  or  description  having  once  been  used,  or  transferred 
from  the  manufacturer  to  the  dealer  and  then  received  into  the 
possession  of  another  party,  whether  the  same  consists  of  cloth, 
carpets,  clothing,  rags,  or  wearing  apparel,  shall  be  deemed  to 
be  a  second-hand  dealer,  and  all  such  dealers  are  hereby  re- 
quired, within  sixty  days  after  the  passage  of  this  ordinance,  to 
establish  and  set  apart  a  tightly  and  suitably  constructed  room 
in  connection  with  their  business  establishment  to  be  used  for 
disinfecting  all  such  material  which  is  liable  to  contagious  in- 
fection, purchased  and  handled  by  them,  before  the  same  is  offer- 
ed for  sale. 

§  2.  That  every  person,  firm  or  corporation  that  violates  any 
provision  of  this  ordinance  shall  be  deemed  guilty  of  a  misde- 
meanor, and  on  conviction  thereof  shall  be  fined  not  less  than 
twenty- five  ($25)  dollars  nor  more  than  fifty  ($50)  dollars  for 
each  offense,  and  each  day's  continuance  of  business  without 
compliance  with  Section  1  of  this  ordinance,  after  sixty  days 
from  its  passage,  shall  constitute  a  separate  offense. 

§  3.  That  this  ordinance  shall  take  effect  from  its  passage. 
(Approved  April  27,  1900.) 


598  SEWERS. 


(1)   SEWERS. 

When  Sewer  Connection  Required. 

AN    ORDINANCE    concerning   the    sewerage    of   the    city    of 

Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  all  owners  of  occupied  houses  in  the  city  of  Louis- 
ville, situated  upon  lots  abutting  upon  a  street  or  alley  in  which 
there  is  a  public  sewer,  shall  connect  all  drain  pipes  of  such  house 
with  said  sewer. 

§  2.  It  shall  be  unlawful  for  the  owner  of  such  house  to 
keep  or  maintain  any  dry  well  upon  such  lot  or  to  drain  any 
privy  miatter  or  other  foul  or  deleterious  matter  into  same. 

§  3.  Any  person  violating  the  provisions  of  this  ordinance 
shall  be  fined  not  less  than  ten  dollars  ($10)  nor  more  than 
twenty-five  dollars  ($25)  for  each  offense.  Each  day  said  party 
shall  fail  to  connect'  the  drain  pipes  of  his  house  with  the  sewer, 
and  each  day  any  such  dry  well  is  kept  or  maintained  upon  lot, 
is  to  constitute  a  separate  offense. 

§  4.  This  ordinance  to  take  effect  sixty  days  after  publica- 
tion.    {Approved  December  20,  1893.) 

(See  also  (Drains);  (1),  (2)  Public  Ways — Construction  or 
Repair;  Plumbing  Code;  Tenement  House  Law,  Charter,  Sec. 
3037g.) 


(2)   SEWERS. 

Obstructions  Prohibited. 

AN  ORDINANCE  concerning  the  sewerage  of  the  city  of  Louis- 
ville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration to  permit  or  cause  to  be  closed,  stopped  up,  or  other- 
wise obstructed,  any  sewer,  catch  basin,  inlet,  manhole,  lamp- 
hole  or  other  portion  of  any  sewer  or  drain  in  the  city  of  Louis- 
ville, or  do,  or  permit  to  be  done,  anything  that  will  retard  or 
prevent  the  free  circulation  of  water,  sewerage  or  air  through 
said  sewer,  drain  or  appurtenance. 

§  2.     Any  person,  firm  or  corporation  violating  any  of  the 


SEWERS.  599 


provisions  of  this  ordinance  shall  be  fined  in  any  sum  not  less 
than  ten  dollars  ($10)  nor  more  than  twenty-five  ($25)  for 
each  offense,  and  each  day  in  which  such  person,  firm  or  cor- 
poration may  cause  or  permit  such  unlawful  obstruction  of  any 
kind  to  remain  shall  be  deemed  a  separate  offense. 

§  3.     This  ordinance  shall  take  effect  from  and  after  its  ap- 
proval.    {App7'0ved  October  12,  1910.) 


(See  also  (1)  Animals.) 


(3)   SEWERS. 

Interfering  with  Construction  of. 

AN  ORDINANCE  prescribing  penalty  to  be  imposed  upon  indi- 
viduals or  corporations  having  buildings,  structures,  works, 
conduits,  mains,  pipes,  tracks,  or  other  physical  obstructions 
in,  over  or  upon  public  streets,  lanes,  alleys  or  highways, 
which  interfere  with  or  impede  the  progress  of  the  con- 
struction or  establishment  of  a  comprehensive  sewerage 
system  in  the  city  of  Louisville,  which  they  refuse  to  shift, 
adjust,  accommodate  or  remove  after  receiving  notice  from 
the  Commissioners  of  Sewerage  of  the  city  of  Louisville. 

Whereas,  by  statute  enacted  by  the  General  Assembly  of  the 
Commonwealth  of  Kentucky,  approved  February  19,  1906,  the 
city  of  Louisville  was  enabled  to  construct  a  comprehensive  sys- 
tem for  the  disposition  of  sewerages;  and. 

Whereas,  by  the  said  statute,  a  body  corporate  under  the 
name  of  the  "Commissioners  of  Sewerage  of  Louisville"  was 
created  and  endowed  with  certain  capacities  and  powers  under 
the  said  statute;  and. 

Whereas,  it  was  by  Section  8  of  the  said  statute  provided 
that  "All  individuals  or  corporations  having  buildings,  struc- 
tures, work,  conduits,  mains,  pipes,  tracks,  or  other  physical 
obstruction  in,  over  or  upon  the  public  streets,  lanes,  alleys  or 
highways  which  shall  interfere  with  or  impede  the  progress  of 
said  sewerage  system  when  in  process  of  construction  ;md  estab- 
lishment, shall,  upon  reasonable  notice  from  said  commission, 
promptly  so  shift,  adjust,  accommodate  or  remove  the  same,  at 
their   own   cost   or   expense,    as   fully   to   meet   the   exigencies 


600  SEWERS. 


occasioning  such  action,  and  the  General  Council  shall  have  full 
power  by  ordinance,  to  prescribe  the  penalty  for  such  failure," 
and, 

Whereas,  it  is  deemed  that  the  necessity  now  exists  for  a 
penalty  to  be  prescribed  as  provided  in  said  section ;  now,  there- 
fore. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  when  notice  in  writing  has  been  given  by  the  Com- 
missioners of  Sewerage  of  Louisville  to  any  individual  or  cor- 
poration having  buildings,  structures,  works,  conduits,  mains, 
pipes,  tracks  or  other  physical  obstruction  in,  over,  or  upon  the 
public  streets,  lanes,  alleys,  or  highways,  which  shall  interfere 
with  or  impede  the  progress  of  any  sewerage  system  in  process 
of  construction  or  establishment  by  said  Commission,  request- 
ing said  individual  or  corporation  to  shift,  adjust,  accommodate 
or  remove  the  same,  and  indicating  the  manner  and  extent  of 
such  shifting,  adjusting,  accommodation  or  removal,  and  said 
individual  or  corporation  shall,  for  fifteen  days  after  receiving 
said  notice,  refuse  or  fail  to  shift,  adjust,  accommodate  or  re- 
move the  same  at  their  own  cost  and  expense,  in  compliance  with 
said  notice,  then  said  individual  or  corporation  shall  be  guilty 
of  a  misdemeanor  and  shall  be  subject  to  a  fine  of  not  less  than 
$50  nor  more  than  $100  for  each  offense. 

§  2.  Each  day  after  the  expiration  of  said  fifteen  days  on 
which  any  part  of  said  obstructions  referred  to  in  said  notice 
shall  not  have  been  shifted,  adjusted,  accommodated  or  removed 
in  accordance  with  or  to  the  extent  designated  in  said  notice, 
shall  constitute  a  separate  offense. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  September  8,  1908.) 


(4)  SEWERS. 

Commissioners  of  SeAverage — Salaries. 

AN  ORDINANCE  fixing  the  salaries  of  the  members  of  the 
Commissioners  of  Sewerage  of  Louisville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.     That  the  salaries  of  the  members  of  the  Commissioners 
of  Sewerage  of  Louisville,  appointed  under  an  act  of  Legislature 


SMOKE.  601 


of  Kentucky,  entitled  "An  Act  to  enable  cities  of  the  first  class 
to  construct  an  extension  of  their  systems  of  sewerage,"  ap- 
proved March  18,  1912,  are  fixed  so  that  the  chairman  shall  re- 
ceive three  thousand  ($3,000)  dollars  per  annum,  and  each  of 
the  other  members  shall  receive  fifteen  hundred  ($1,500)  dollars 
per  annum,  payable  at  such  times  as  said  Commissioners  as  a 
body  may  determine. 

§  2.     This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  December  1,  1919.) 


SMOKE. 

Regulating  the  Emission  Thereof. 

AN  ORDINANCE  to  prevent  the  emission  of  soot,  cinders,  acid 
or  other  fumes  detrimental  to  health  or  dense  smoke  from 
smoke  stacks,  chimneys  and  all  other  smoke  emitting  stacks 
within  the  city  of  Louisville,  including  locomotives,  railroad 
engines  and  engines  used  and  employed  in  house  and  street 
construction  work  in  the  city  of  Louisville,  and  other  engines 
in  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§1.     DEFINITIONS— "Persons"   shall  be  considered  as  re- 
ferring to  all  individuals,  including  all  officers  and  employes  who 
may  be  charged  with  the  performance  of  any  duty  hereunder, 
and  all  partnerships  or  associations  other  than  corporations. 

"Corporations"  shall  be  considered  as  including  all  bodies 
corporate,  joint  stock  companies,  domestic  or  foreign,  their 
lessees,  assignees,  trustees,  receivers,  and  others  in  interest  hav- 
ing any  of  the  powers  or  privileges  of  corporations  and  joint 
stock  companies  not  possessed  by  individuals,  partnerships  or 
incorporated  associations. 

"Stack"  shall  be  defined  as  including  chimneys,  smoke  stacks, 
structures  and  openings  of  any  kind  whatsoever,  capable  of 
emitting  smoke.  Smoke  stacks  of  locomotive  round  houses  shall 
be  deemed  parts  of  the  locomotives  beneath  them  for  the  time 
being. 

"Boiler  and  Smoke  Division." — Where  the  Boiler  and  Smoke 
Division  is  mentioned  it  shall  be  as  a  division  of  the  Department 
of  Buildings. 


602  SMOKE. 


"Combustion  Engineer"  shall  have  reference  to  the  head  of 
the  Boiler  and  Smoke  Division,  and  he  shall  have  charge  of  the 
administration  of  ail  duties  pertaining  to  said  Boiler  and  Smoke 
Division. 

§2.  REQUIREMENTS  FOR  PERMIT— No  work  shall  be 
done  upon  the  erection  of  any  new  plant,  or  on  the  reconstruc- 
tion of  any  old  plant  for  the  production  of  power  or  heat,  or  on 
the  erection  or  reconstruction  of  any  part  thereof,  except  as  here- 
inafter specified,  until  plans  and  specifications  for  such  erection 
or  reconstruction  shall  have  been  submitted  to  and  approved  by 
the  Inspector  of  Buildings  as  required  under  the  building  ordi- 
nances, and  by  the  Combustion  Engineer,  nor  until  proper  per- 
mits shall  have  been  issued  for  the  prosecution  of  such  work. 
These  plans  and  specifications  shall  show  not  only  the  nature  and 
extent  of  the  proposed  construction  work,  but  also  -the  amount 
of  power  or  heat  to  be  supplied  by  such  plant  and  all  appurte- 
nances thereto.  They  shall  also  show  that  adequate  space  has 
been  provided  for  the  installation  of  equipment,  so  that  it  may 
be  properly  operated,  and  shall  indicate  all  provisions  made  for 
the  purpose  of  preventing  smoke.  Upon  the  approval  of  said 
plans  and  specifications,  a  duplicate  set  of  which  shall  be  left 
on  file  in  the  office  of  the  Boiler  and  Smoke  Inspection  Division, 
a  permit  shall  be  issued  for  the  erection  or  construction  of  such 
plant. 

§  3.  CERTIFICATE  OF  AFPROVAI^-It  shall  be  unlawful 
for  any  person  or  corporation  to  use  any  new  or  reconstructed 
plant  for  the  production  of  heat  or  power,  until  such  person  or 
corporation  shall  have  first  procured  from  the  Boiler  and  Smoke 
Division  a  certificate  stating  that  the  plant  is  so  constructed  that 
it  will  do  the  work  required,  and  that  it  can  be  so  managed  that 
no  soot,  cinders,  acid  or  other  fumes  detrimental  to  health  or 
dense  smoke  will  be  emitted  from  the  stacks  connected  to  the 
furnace  or  fire  box  for  any  periods  in  excess  of  those  indicated 
in  Section  six  (6)  hereof. 

§4.  PLANS  AND  SPECIFICATIONS— It  shall  be  unlaw- 
ful for  any  person  or  corporation  to  alter  or  repair  any  plant 
for  the  production  of  heat  or  power,  or  any  part  thereof,  which 
alteration,  change,  or  installation  shall  affect  the  method  or  effi- 
ciency of  preventing  smoke,  v/ithout  first  submitting  plans  or 
specifications  to  the  Boiler  and  Smoke  Inspection  Division  and 


SMOKE.  603 


obtaining  a  permit  therefor;  provided,  however,  that  minor 
necessarj^  or  emergency  repairs  that  do  not  increase  the  capacity 
of  such  plant,  or  that  do  not  involve  any  alterations  in  the  method 
of  efficiency  of  smoke  prevention,  may  be  made  by  or  under  the 
engineer  in  charge  of  said  plant  without  permit. 

§  5.  SMOKE  PROHIBITED— The  emission  of  soot,  cinders, 
acid  or  other  fumes  detrimental  to  health,  or  dense  smoke  from 
any  stack  used  in  connection  with  any  stationary  engine,  steam 
boiler,  locomotive,  railroad  engine,  tar  kettle,  or  other  similar 
machine  or  contrivance  or  engine  used  in  the  construction,  re- 
construction, alteration  or  repairing  of  any  building  or  street, 
or  preparatory  to  the  beginning  of  any  such  work,  on  any  build- 
ing or  street,  in  the  city  of  Louisville,  or  from  any  other  engines 
or  furnaces  of  any  description  within  the  corporate  limits  of 
the  city  of  Louisville,  in  any  apartment  house,  office  building, 
hotel,  theatre,  place  of  public  amusement,  school  building,  m- 
stitution,  or  any  other  structure  in  the  city  of  Louisville,  or  any 
building  used  as  a  factory,  or  for  any  purpose  of  trade,  or  for 
any  other  purpose  whatever,  for  any  periods  in  excess  of  those 
indicated  in  Section  six  (6)  hereafter  shall  be  deemed,  and  is 
hereby  declared,  to  be  a  public  nuisance  and  an  offense  punish- 
able under  this  ordinance.  This  provision,  however,  shall  not 
apply  to  fire  engines  of  the  city  of  Louisville  nor  to  buildings 
used  exclusively  for  private  residence  purposes,  nor  to  fiats  and 
apartment  houses  in  which  there  are  less  than  five  apartments; 
provided,  however,  that  if  such  excepted  buildings  are  permitted 
to  emit  therefrom  soot,  or  acid,  or  other  fumes  detrimental  to 
health,  or  are  permitted  to  emit  therefrom,  for  long  or  con- 
tinuous periods,  dense  smoke,  such  emissions  shall  likeMdse  con- 
stitute a  public  nuisance,  and  as  such  shall  be  punishable  under 
the  provisions  of  this  ordinance. 

§6.  IGNITION  AND  STOKING  PERIOD— Every  person 
having  charge  of  the  ignition,  feeding,  stoking  or  supervision  of 
any  such  steam  boiler  or  other  furnace  as  hereinbefore  described, 
shall  ignite,  or  cause  to  be  ignited,  the  furnace  fires  thereof  in 
such  manner  that  dense  smoke  shall  not  issue  therefrom  for  a 
longer  time  than  during  the  period  of  ignition,  which  period 
shall  not  exceed  one  hour,  and,  during  said  period  of  ignition  in 
such  manner  that  soot,  cinders,  acid  or  other  fumes  detrimental 
to  health  shall  not  issue  therefrom  for  periods  exceeding  three 


604  SMOKE. 


minutes  duration  each  at  intervals  not  exceeding  thirty  minutes 
each,  and,  after  ignition,  any  such  person  shall  so  stoke,  feed 
or  supervise  any  such  furnace  fire,  and  shall  keep  any  such  fur- 
nace in  such  good  and  efficient  order,  that  soot,  cinders,  acid  or 
other  fumes  detrimental  to  health,  or  dense  smoke  shall  not  be 
produced  or  emitted  therefrom,  except  for  periods  not  to  exceed 
(3)  three  minutes'  duration  at  intervals  of  not  less  than  thirty 
(30)  minutes  each  during  the  time  such  furnace  fires  are  in 
operation ;  and  the  failure  of  any  such  person  to  comply  with  any 
provision  of  this  section  shall  constitute  a  violation  of  this  ordi- 
nance and  shall  be  punishable  as  such. 

§  7.  SMOKE  DENSITY— That  for  the  purpose  of  determin- 
ing by  comparison  the  degree  of  darkness  or  density  of  smoke 
emitted  from  stacks  within  the  city  of  Louisville,  a  color  scale 
of  measurement  shall  be,  and  the  same  is,  hereby  adopted  as 
follows :  One  thickness  of  gray  glass  of  sufficient  capacity  to  cut 
off  sixty  (60)  per  cent  of  the  light  from  a  flame  having  the  light- 
ing power  of  sixteen  (16)  candles  shall  be  taken  as  the  basis 
of  said  scale,  and  four  (4)  thicknesses  of  such  glass  shall  be 
known  and  designated  as  No.  1  Scale.  Smoke  equal  to,  but  not 
greater  than  No.  1  Scale  shall  be  considered  gray  smoke.  Smoke 
of  a  greater  degree  of  density  than  No.  1  Scale  shall  be  consider- 
ed and  held  to  be  dense  smoke,  and  its  emission  is  prohibited 
agreeably  to  the  provisions  of  this  ordinance.  Dense  smoke  in- 
cludes black  smoke  and  smoke  of  any  shade  or  color  of  greater 
density  than  No.  1  Scale. 

INSTRUMENTS— The  umberscope  manufactured  by  Wil- 
liams, Brown  &  Earl,  of  Philadelphia,  Pennsylvania,  and  other 
smoke-measuring  instruments  and  devices  of  like  gauge  and 
character  of  construction,  shall  be  considered  as  proper  instru- 
ments for  the  measuring  and  determination  of  smoke  densities 
under  the  provisions  of  this  ordinance. 

§8.  MECHANICAL  STOKERS— WHEN  REQUIRED— 
(a)  Each  power  boiler  with  more  than  1,600  square  feet  of 
heating  surface,  using  coal  as  fuel,  shall  be  provided  with  an 
automatic  mechanical  stoker.  Heating  surfaces  shall  be  con- 
strued to  mean  all  boiler  surfaces  with  water  on  one  side  and 
hot  gases  on  the  other  side,  not  excepting  such  surfaces  as  are 
covered  by  arches  or  tiles  used  in  the  furnace  construction. 


SMOKE.  605 


(b)  Stokers  installed  under  boilers  shall  be  at  least  42  inches 
from  the  grate  line  to  the  nearest  heating  surface  for  H.  R.  T. 
(Horizontal  Return  Tubular)  boilers,  and  48  inches  on  water 
tube  boilers  with  horizontal  baffles,  and  60  inches  on  water  tube 
boilers  with  vertical  baffles. 

§  9.  BOILER  SETTING— Horizontal  return  tubular  boilers 
equipped  with  hand-fired  furnaces  shall  be  installed  with  not  less 
than  a  minimum  of  thirty-six  (36)  inches  from  the  grate  line  to 
the  nearest  heating  surface. 

§  10.  STACKS  OR  CHIMNEYS— No  stack,  chimney,  or  flue 
for  a  stationary  boiler  of  fifty  horse  power,  or  more,  shall  not  be 
less  than  ninety  (90)  feet  high  above  the  grate,  and  for  each 
right  angle  bencl  in  the  breeching  ten  (10)  feet  shall  be  added 
to  the  height  of  the  stack. 

(a)  The  effective  area  of  the  flue  or  stack  for  stationary 
boilers  shall  be  obtained  from  the  following  formula: 

0.3  H.  P. 

E= 

V.  H. 
E — Effective  area  of  flue  or  stack  in  square  feet. 
H — Height  of  stack  above  grate  in  feet.     To  the  diameter  as 
obtained  for  the  effective  area  add  four  (4)  inches. 
HP — Builder's  rated  horse  power  of  boiler. 

(b)  Stacks  or  boilers  used  in  the  repair  of  old  buildings  or 
in  the  construction  of  new  buildings  shall  always  be  extended 
above  the  topmost  story  under  construction. 

(c)  In  the  event  of  a  new  structure  extending  beyond  the 
tops  of  stacks  or  chimneys  attached  to  the  walls  of  existing 
buildings  which  may  be  immediately  adjacent  to  new  structure, 
and  having  been  in  place  previous  to  the  erection  of  such  higher 
building,  the  owner  or  parties  in  control  of  the  erection  of  such 
new  structure  shall  continue  such  stacks  or  chimneys  to  three 
feet  above  the  uppermost  portion  of  such  new  structure  without 
cost  to  the  adjoining  property  owner.  Such  extensions  of 
chimneys  or  stacks  shall  be  in  compliance  with  the  regulations 
of  the  building  ordinances  of  the  city  of  Louisville,  and  as  the 
Inspector  of  Buildings  or  Combustion  Engineer  shall  require, 
in  order  that  such  stacks  or  chimneys  may  be  substantial  and 
safe.  After  such  extensions  are  made  agreeably  to  the  pro- 
visions of  this  ordinance  and  have  been  approved  by  the  Depart- 


606  SMOKE. 


ment  of  Buildings,  all  responsibility  for  the  proper  care  and 
maintenance  of  such  stacks  or  chimneys  shall  be  assumed  and 
borne  by  the  owners  of  the  buildings  for  whom  same  have  been 
erected. 

§  11.  BREECHING— Unless  the  height  of  the  stack,  chim- 
ney or  flue  is  greater  than  one  hundred  and  fifty  (150)  feet,  the 
breeching  must  not  drop  at  any  point  from  the  boiler  to  the 
stack.  The  minimum  radius  of  the  center  line  of  all  bends  shall 
not  be  less  than  the  width  or  diameter  of  the  breeching.  The 
area  of  the  breeching  in  plants  not  exceeding  one  thousand 
(1,000)  horse  power  shall  be  between  one-fifth  and  one-sixth 
of  the  grate  area. 

§  12.  GRATE  AREA — The  grate  area  of  any  boiler  using 
coal  as  fuel,  shall  not  be  less  than  one  sixty-fifth  (1/65)  of  the 
heating  surface  where  stokers  are  used,  and  one-fiftieth  (1/50) 
of  the  heating  surface  for  hand-fired  furnaces. 

§13.  HEATING  BOILERS  OR  FURNACES— Where  in- 
ternally fired  steam  or  hot  water,  or  where  hot  air  furnaces  are 
to  be  installed  for  heating,  the  boiler  of  the  furnace  shall  be 
equipped  with  a  down  draft,  underfeed,  or  other  type  of  smoke- 
less furnace,  in  which  the  fresh  fuel  may  not  be  thrown  directly 
upon  the  hot  fuel  bed,  and  shall  be  approved  by  the  Boiler  and 
Smoke  Division,  except  where  the  boiler  is  to  furnish  heat  for 
buildings  containing  less  than  twelve  hundred  (1,200)  square 
feet  of  steam  radiation,  or  less  than  two  thousand  (2,000)  square 
feet  of  hot  water  radiation,  or  except  where,  in  hot  air  furnace 
installations,  the  total  amount  of  grate  surface,  in  all  the  grate 
furnaces  combined,  is  less  than  nine  (9)  square  feet,  or  except 
where  the  boiler  or  furnace  is  to  be  installed  in  a  building  in- 
tended only  as  a  dwelling  for  less  than  five  (5)  families. 

§  14.  RECORDS— There  shall  be  kept  in  the  office  of  the 
Boiler  and  Smoke  Division  all  applications  made  under  this  ordi- 
nance and  a  complete  record  thereof,  as  w^ell  as  of  all  permits 
issued,  and  there  shall  also  be  kept  in  such  office  a  record  of  all 
smoke  observations  of  all  stacks,  and,  generally,  of  the  work 
done  by  the  Boiler  and  Smoke  Division.  All  such  records  shall 
be  open  for  inspection  by  the  public  at  all  reasonable  times. 

§  15.  PERMIT  SHALL  NOT  PRECLUDE  PROSECUTION 
— The  issue  and  delivery  by  the  Boiler  and  Smoke  Division  of 
any  permit  for  installation,  repair  or  alteration  of  any  furnace 


SMOKE.  607 


under  the  provisions  of  this  ordinance  shall  not  be  held  to  ex- 
empt the  person  or  corporation  to  whom  such  permit  has  been 
issued  or  delivered,  or  who  is  in  possession  of  the  same,  or 
whose  application  has  been  approved,  from  prosecution  on  ac- 
count of  the  production  or  emission  of  smoke  hereby  prohibited. 

§  16.  ENTRANCE  TO  PREMISES— Any  officer  or  employe 
of  the  Boiler  and  Smoke  Division  or  of  the  Building  Department 
in  the  performance  of  his  duties,  shall  have,  at  all  reasonable 
hours,  the  right  to  enter  in  and  upon  all  premises  from  which 
smoke  is  being  emitted,  or  has  been  emitted;  and  any  person 
or  corporation  who  shall,  after  proper  identification,  deny  ad- 
mittance to  such  person  or  persons,  or  who  shall  interfere  with 
any  such  officer  or  employe  in  the  performance  of  his  duties, 
shall  be  liable  to  the  penalty  hereinafter  named. 

§17.  APPEAL  FROM  DECISION  OF  COMBUSTION 
ENGINEER — In  any  case  where  any  person  or  corporation  de- 
sires to  appeal  from  the  decision  or  ruling  of  the  Inspector  of 
Buildings  or  Combustion  Engineer  concerning  the  necessity  or 
practicability  of  the  installation  or  use,  in  any  furnace,  build- 
ing or  stack  coming  under  the  provisions  of  this  ordinance,  of 
any  device,  appliance,  method  or  means,  for  the  purpose  of  pre- 
venting the  emission  or  discharge  of  soot,  cinders,  acid  or  other 
fumes  detrimental  to  health,  or  dense  smoke  from  the  building  or 
premises  of  any  such  person  or  corporation,  or  pertaining  to 
the  construction  of  any  provision  of  this  ordinance,  such  person 
or  corporation  may  within  five  days  after  the  date  on  which 
such  person  or  corporation  is  in  writing  notified  by  the  Com- 
bustion Engineer  of  such  ruling  or  decision,  make  a  formal  ap- 
peal to  the  Board  of  Public  Safety  from  such  ruling  or  decision. 
His  appeal  shall  be  in  writing  and  shall  state  the  grounds  where- 
on it  is  based.  Upon  the  receipt  of  such  written  appeal,  the 
Board  of  Public  Safety  shall  consider  the  question  or  questions 
involved  in  the  appeal,  and  shall  thereupon  give  a  decision 
thereon,  which  shall  be  final. 

§  18.  NO  OFFICER  OR  EMPLOYE  TO  BE  INTERESTED 
IN  DEVICES — It  shall  be  unlawful  for  any  officer  or  employe 
charged  with  the  performance  of  any  duty  under  the  provisions 
of  this  ordinance  to  be  interested,  directly  or  indirectly,  in  the 
disposition  or  sale,  for  use  in  the  city  of  Louisville,  of  any  de- 
vice, apparatus,   or  equipment  designed,  or  represented  to  be 


608  SMOKE. 


manufactured  or  sold,  for  the  purpose  of  reducing  or  prevent- 
ing the  emission  of  soot,  cinders,  acid  or  other  fumes  detrimen- 
tal to  health  or  dense  smoke  from  stacks  or  chimneys.  Any 
violation  of  this  section  shall  be  punishable  by  a  fine  of  not  less 
than  ten  ($10)  dollars  nor  more  than  one  hundred  ($100) 
dollars. 

§  19.  OFFERING,  SOLICITING,  OR  RECEIVING  BRIBE 
— It  shall  be  unlawful  for  any  person  or  corporation  to  offer, 
directly  or  indirectly,  to  any  officer  or  employe  charged  with 
the  performance  of  any  duty  under  the  provisions  of  this  ordi- 
nance, any  gift,  gratuity,  money,  or  other  thing  of  value  for 
the  purpose,  either  directly  or  indirectly,  of  influencing  any  such 
officer  or  employe  in  rendering  any  decision,  or  in  taking  any 
action,  of  whatever  character,  concerning  any  matter  pending, 
or  which  may  come,  before  him  for  decision  or  action  under  the 
provisions  of  this  ordinance.  And  it  shall  also  be  unlawful  for 
any  such  officer  or  employe,  directly  or  indirectly,  to  solicit  from 
any  person  or  corporation,  any  gift,  gratuity,  money  or  other 
thing  of  value  for  the  purpose,  either  directly  or  indirectly,  of 
being  influenced  thereby,  or  upon  representation  made  by  him, 
directly  or  indirectly,  that  he  will,  or  may  be,  influenced  thereby, 
in  the  rendering  of  any  decision  or  in  the  taking  of  any  action 
concerning  any  matter  pending  or  coming  before  him  for  de- 
cision or  action  under  the  provisions  of  this  ordinance.  Any 
person  or  corporation  violating  any  provision  of  this  section 
shall,  for  each  offense,  be  punished  by  a  fine  of  not  less  than 
ten  ($10)  dollars  or  more  than  one  hundred  ($100)  dollars. 

§  20.  VALIDITY  OF  ORDINANCE— If  any  section  or  pro- 
vision of  this  ordinance  shall  be  declared  to  be  invalid,  such  in- 
validation shall  in  no  wise  affect  the  validity  of  the  remaining 
sections  and  provisions  hereof. 

§  21.  PENALTIES — Any  person  or  corporation  violating 
any  of  the  provisions  of  this  ordinance,  where  a  specific  penalty 
is  not  otherwise  provided,  shall  be  punished  by  fine  of  not  less 
than  ten  ($10)  dollars  nor  more  than  one  hundred  ($100)  dol- 
lars for  each  offense,  and  each  day  upon  which  any  provision  of 
this  ordinance  is  violated  shall  constitute  a  separate  offense. 

§  22.  REPEALING  CLAUSE — An  ordinance  approved 
January  27,  1909,  and  entitled  "An  ordinance  to  prevent  the 
emission  of  soot,  black  or  dense  gray  smoke  from  smoke  stacks, 


SNOW.  609 


chimneys  and  all  other  smoke-emitting  stacks  within  the  city  of 
Louisville,  including  locomotives,  railroad  engines  and  engines 
used  and  employed  in  house  and  street  construction  work  in  the 
city  of  Louisville  or  other  engines  in  the  city  of  Louisville,"  and 
all  other  ordinances  and  parts  of  ordinances  in  conflict  herewith 
are  hereby  repealed. 

§  23.     EFFECTIVE  DATE— This  ordinance  shall  take  effect 
from  and  after  the  date  of  its  passage.     {Approved  July  3,  1919.) 


SNOW. 

Removal  in  Certain  Districts. 

AN  ORDINANCE  to  require  the  removal  of  snow  from  the  side- 
walks of  the  city  of  Louisville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  the  duty  of  all  persons  and  corporations 
owning  or  occupying  property  abutting  on  a  public  street  in  the 
city  of  Louisville,  in  the  district  between  the  east  side  of  First 
street  and  the  west  side  of  Seventh  street,  and  between  the  south 
side  of  Broadway  and  the  river  front,  and  including  property 
abutting  on  both  sides  of  said  streets,  to  remove  within  the 
space  of  twenty-four  (24)  hours  thereafter  such  snow  as  may 
fall  on  the  sidewalks  in  front  of  said  property.  Where  said  prop- 
erty is  unimproved  or  unoccupied  the  duty  above  mentioned 
shall  devolve  on  the  owner,  or  the  agent  for  said  property. 
Where  the  property  is  occupied  by  others  than  the  owners  there- 
of, the  duty  above  mentioned  shall  devolve  upon  the  owner  or 
the  tenant  or  tenants,  and  either  may  be  proceeded  against  for 
the  violation  thereof. 

§  2.  Said  snow  when  removed  from  the  sidewalk  shall  be 
placed  either  on  private  property,  or  in  the  public  driveway  at  a 
distance  not  less  than  twelve  (12)  inches  from  the  curbing  of 
the  sidewalk ;  but  in  no  event  shall  said  snow  be  so  placed  as  to 
obstruct  the  free  passage  of  water  in  the  gutter,  or  in  the  direc- 
tion of  any  sewer  or  catch  basin. 

§  3.  For  any  violation  of  the  provisions  of  this  ordinance,  the 
offender,  whether  a  natural  person  or  a  corporation,  shall  be 
fined  not  less  than  five  ($5)  dollars  nor  more  than  twenty  ($20) 
dollars  for  each  offense,  and  each  day  or  fraction  of  a  day  that 


610  SPITTING. 


snow   is   allowed   to   remain   on   the   sidewalk,   after   the   first 
twenty-four   (24)  hours,  shall  constitute  a  separate  offense. 

§  4.     This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  December  27,  1917.) 


SPITTING. 

Upon  Sidewalks,  in  Public  Places,  etc. 

AN  ORDINANCE  forbidding  spitting  or  expectorating  upon 
the  sidewalks,  in  public  places  and  buildings,  and  in  public 
vehicles  and  street  railway  cars. 

Whereas,  Spitting  and  expectorating  upon  the  sidewalks  and 
in  public  buildings  and  conveyances  is  offensive  to  the  people 
visiting  such  buildings  and  using  such  vehicles,  and  it  has  been 
ascertained  that  frequently  disease  of  a  fatal  character  has  been 
spread  throughout  the  community  by  the  germs  arising  from 
the  sputum  and  spittle  so  deposited. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  unlawful  for  any  person  within  the  city 
of  Louisville  to  spit,  expectorate,  deposit  or  place  any  sputum, 
spittle,  saliva,  phlegm,  mucus  or  tobacco  juice  upon  the  sidewalk 
of  any  street,  avenue,  public  square  or  place  in  the  city  of 
Louisville,  or  upon  the  floor  of  any  hall  or  stairway  or  any  house 
which  is  used  in  common  by  the  tenants  thereof,  or  upon  the  floor 
of  any  hall,  office  or  stairway  of  any  hotel  or  lodging  house  which 
is  used  in  common  by  the  guests  thereof,  or  upon  the  floor  or 
stairway  of  any  theater,  store,  factory,  church,  depot,  railroad 
or  street  car  station,  or  upon  the  floor  or  stairway  or  any  part 
of  any  public  building  or  upon  the  floor,  platform  or  stairway 
of  any  ferryboat,  railroad  car,  vehicle  or  other  public  convey- 
ance, or  upon  the  floor,  stairs,  platform  or  inside  furnishings  or 
any  part  of  any  street  car  which  is  used  or  runs  upon  any  of 
the  streets  or  highways  of  the  city  of  Louisville. 

The  corporation  or  persons  owning  or  having  the  manage- 
ment or  control  of  any  such  building,  store,  factory,  ferryboat, 
railroad  car  or  other  public  conveyance,  ferry  house,  depot,  or 
station,  station  platform  or  stairs  of  any  elevated  railroad  or 
other  common  carrier,  are  hereby  required  to  keep  permanently 


STANDARD  TIME.  611 


posted  in  each  of  said  places  such  a  number  of  notices  forbidding 
spitting  and  expectorating  as  may  be  sufficient  to  call  attention 
to  the  provisions  of  this  section. 

§  2.  Any  person  violating  the  terms  and  provisions  of  this 
ordinance  shall,  upon  conviction  thereof,  be  punished  by  a  fine 
of  not  less  than  one  dollar  ($1)  nor  more  than  fifty  dollars  ($50) . 

§  3.  That  the  ordinance  entitled  "An  ordinance  forbidding 
spitting  or  expectorating  in  public  buildings  and  passenger  cars," 
which  became  effective  on  May  21,  1897,  be,  and  the  same  is, 
hereby  repealed. 

§  4.  That  this  ordinance  shall  take  effect  from  and  after  its 
passage.     (Approved  February  12,  1907.) 

(See  also  Nuisances;  Sanitation.) 


STANDARD  TIME. 

AN  ORDINANCE  establishing  a  standard  or  railroad  time  as 
the  system  of  time  in  the  city  of  Louisville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  hereafter  standard  or  railroad  time  shall  be  the 
system  of  time  in  the  city  of  Louisville,  and  the  City  Hall  clock 
and  all  other  city  clocks  or  timepieces  shall  be  regulated  thereby. 
§  2.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  September  16,  1895.) 


(1)   STOCK  LAW. 

Stock  Running  at  Large — Impounding. 

AN  ORDINANCE  prohibiting  horses,  mules,  cows,  sheep,  hogs, 
or  goats  from  running  at  large  in  the  city  of  Louisville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  unlawful  for  any  horse,  mule,  cow, 
sheep,  hog,  or  goat  to  be  at  large  in  any  of  the  streets,  lanes, 
highways,  commons,  or  alleys  of  the  city  of  Louisville. 

§  2.  The  Mayor  of  the  city  of  Louisville  shall  provide  two 
pounds,  one  in  the  eastern  and  one  in  the  western  district  of 
the  city,  for  the  purpose  of  carrying  out  the  purposes  of  this 
ordinance. 


612  STOCK    LAW. 


§  3.  Any  person  finding  any  horse,  mule,  cow,  sheep,  hog, 
or  goat  running  at  large  in  any  of  the  streets,  lanes,  highways, 
alleys,  or  commons  of  the  city  of  Louisville,  may  drive,  lead,  or 
carry  the  same  to  one  of  the  pounds  provided  for  herein,  and 
there  deliver  it  to  the  keeper  of  said  pound,  who  shall  at  once 
impound  and  safely  keep  it  until  called  for  and  redeemed  by 
its  owner;  the  person  driving,  leading,  or  carrying  said  animal 
to  the  pound  shall  receive  the  sum  of  one  dollar  ($1)  for  so  doing, 
which  shall  be  charged  against  the  animal,  and  paid  by  its  owner 
when  redeemed. 

§  4.  In  addition  to  the  one  dollar  paid  to  the  person  delivering 
the  animal  to  the  pound,  the  keeper  shall  charge  fifty  cents  for 
the  first  day  or  part  of  the  day  the  animal  is  impounded,  and 
twenty-five  cents  for  each  succeeding  day  or  part  of  day  it  re- 
mains in  the  pound  unredeemed  by  its  owner. 

§  5.  The  owner  of  any  animal  impounded,  as  herein  pro- 
vided, may  redeem  the  same  by  paying  the  keeper  of  the  pound 
all  the  legal  costs  and  charges  against  the  same. 

§  6.  All  laws  or  parts  of  laws  or  ordinances  on  the  subject 
of  estrays  in  the  city  of  Louisville  are  hereby  repealed. 

§  7.  This  ordinance  to  go  into  effect  from  and  after  its  ap- 
proval.    (Approved  September  16,  1895.) 

(See  Live  Stock;  Public  Ways — Use  and  Protection.) 


(2)  STOCK  LAW. 

Regulating  the  Driving  of   Live  Stock  Through  Certain  Streets. 

AN  ORDINANCE  regulating  the  driving  of  live  stock  through 

the  streets  of  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  hereafter  it  shall  be  unlawful  to  drive  cattle, 
horses,  mules,  sheep,  hogs,  or  other  live  stock  loose  through  the 
public  highways  of  the  city  of  Louisville,  except  as  hereinafter 
provided. 

It  shall  be  unlawful  to  drive  such  stock  through  and  along 
Main  street,  and  all  streets  north  of  Market  street,  including 
the  river  front,  except  Washington,  between  Floyd  and  Clay, 
and  through  and  along  Campbell  street  and  all  streets  east 
thereof;   and  along  and  through  Jacob   street  from   Campbell 


STOCK    LAW.  613 


to  Shelby  street;  and  along  Shelby  street  and  all  streets  east 
thereof;  and  along  and  through  Oak  street  and  all  streets  south 
thereof;  and  along  and  through  Eighteenth  street  from  Oak 
street  to  Dumesnil  street;  and  along  Dumesnil  street  and  all 
streets  south  thereof;  and  along  Twenty-sixth  street  and  all 
streets  west  thereof,  at  all  hours  of  the  day  or  night. 

It  shall  be  lawful  to  drive  such  stock  through  and  along 
Thirteenth  street  at  all  hours  of  the  day  and  night.  It  shall  be 
lawful  to  drive  such  stock  along  and  through  Market  street  be- 
tween 10  p.  m.  and  6  a,  m. 

Nothing  herein  contained  shall  be  construed  to  prevent  the 
leading  of  live  stock  in  such  manner  as  to  retain  complete  con- 
trol of  same  through  any  of  the  streets  at  any  time. 

§  2.  Any  person  or  persons  violating  the  provisions  of  this 
ordinance  shall  be  fined  not  less  than  five  dollars  ($5)  nor  more 
than  one  hundred  dollars   ($100). 

§  3.     All  ordinances  in  conflict  herewith  are  hereby  repealed. 

§  4.  This  ordinance  is  to  take  effect  on  and  after  its  publi- 
cation.    (Approved  December  18,  1896.) 


(3)   STOCK  LAW. 
Prohibiting  the  Driving  of  Live  Stock  on  East  Broadway. 

AN  ORDINANCE  to  prohibit  the  driving  of  live  stock  on  East 
Broadway,  from  Cherokee  Park  to  the  entrance  to  Cave  Hill 
Cemetery. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  hereafter  it  shall  be  unlawful  to  drive  cattle, 
horses,  mules,  sheep,  hogs,  or  other  live  stock  loose  through  or 
along  East  Broadway,  between  Cherokee  Park  and  the  entrance 
to  Cave  Hill  Cemetery. 

§  2.  That  any  person  who  shall  violate  this  ordinance  shall 
be  subject  to  a  fine  of  not  less  than  five  dollars  ($5)  nor  more 
than  one  hundred  dollars   ($100)   for  each  offense. 

§  3.  That  all  ordinances  and  parts  of  ordinances  in  conflict 
herewith  be  and  they  are  hereby  repealed. 

§  4.  That  this  ordinance  shall  take  effect  from  its  passage. 
{Approved  June  10,  1901.) 


614  STREET  CARS. 


(1)  STREET  CARS.* 

Heating-  of  Cars. 

AN  ORDINANCE  requiring  the  heating  of  street  cars  in  the 

city  of  Louisville. 
Be  it  oixlained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration to  run  or  operate  or  cause  to  be  run  or  operated  any 
street  car  along,  on,  or  over  any  of  the  streets  of  the  city  of 
Louisville  between  the  first  day  of  November  of  any  year,  and 
the  first  day  of  April  of  the  succeeding  year,  without  providing 
for  heating  such  cars  with  electricity,  or  otherwise,  so  as  to 
keep  the  temperature  inside  of  such  cars  comfortable  for  pas- 
sengers therein. 

§  2.  That  any  person,  firm  or  corporation  that  shall  violate 
any  provision  of  the  first  section  of  this  ordinance  shall  be  fined 
not  less  than  $20,  nor  more  than  $100  for  each  offense,  and  for 
each  day  for  each  car  that  may  be  so  run  without  being  heated 
as  aforesaid  shall  be  a  separate  offense. 

§  3.  That  the  president  and  each  of  the  officers  or  directors 
of  any  corporation,  or  any  person,  or  the  members  of  any  firm 
controlling  said  car  or  cars  and  permitting  the  same  to  be  run 
in  violation  of  this  ordinance,  shall  be  subject  to  the  same  fine 
as  provided  in  Section  2  hereof. 

§  4.  That  the  policemen  of  the  city  of  Louisville  shall  cause 
any  car  being  run  or  operated  in  violation  of  this  ordinance  to 
be  returned  to  the  stable  or  car  shed  at  once. 

§  5.  That  this  ordinance  shall  take  effect  from  and  after 
October  31,  1902.     (Approved  January  13,  1902.) 


(2)   STREET  CARS. 

Trespassing  on  Cars. 

AN  ORDINANCE  concerning  street  railways. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  no  person   (not  an  employe)    shall  ride  upon  the 


*For  various  franchises,  see  previous  compilations.  See  also  for  certain 
franchises,  contracts  and  regulations  of  street  railways,  Burnett's  City  Code 
1884,  pp„   583-629,  and  appendix  thereto. 


STREET  CARS.  615 


steps  of  any  street  car,  nor  shall  any  such  ride  upon  the  car  or 
jump  on  and  off  the  car  without  being  or  intending  to  be  a 
passenger. 

§  2.  Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance shall  be  fined  not  less  than  two  dollars  ($2)  nor  more  than 
ten  dollars  ($10)  for  each  offense. 

§  3.  This  ordinance  shall  take  effect  from  its  publication. 
{Approved  July  13,  1896.)      (See  also  Spitting.) 


(3)   STREET  CARS. 

Speed  of  Cars. 

AN  ORDINANCE  concerning  the  speed  of  rapid  transit  cars. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  unlawful  for  any  rapid  transit  street 
railway  car,  operated  by  electricity,  cable  or  other  motive  power 
to  run  at  a  speed  greater  than  nine  (9)  miles  per  hour,  between 
the  Ohio  river  on  the  north,  Broadway  on  the  south,  First  street 
on  the  east,  and  Tenth  street  on  the  west. 

§  2.  Outside  of  the  boundary  named,  and  within  the  city 
limits,  it  shall  be  unlawful  to  run  at  a  speed  greater  than  twelve 
(12)  miles  per  hour. 

§  3.  Any  violation  of  this  ordinance  will  be  subject  to  a  fine 
of  not  less  than  five  dollars  ($5)  nor  more  than  ten  dollars  ($10) . 

§  4.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  October  8,  1895.)      (See  (5)  Franchise.) 


(4)   STREET  CARS. 
Permit  to  Discontinue  Certain  Routes. 

AN  ORDINANCE  to  permit  the  Louisville  Railway  Company 
to  discontinue  temporarily  the  running  of  cars  on  certain 
tracks  in  the  city  of  Louisville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  the  Louisville  Railway  Company  be  and  it  is  hereby 

permitted  to  discontinue  the  running  of  cars  on  the  tracks  on  the 

following  streets,  viz: 


616 STREET  CLEANING  DEPARTMENT. 

Main  street  from  Preston  to  Johnson,  and  the  loop  through 
Story  avenue. 

Tenth  street  from  Broadway  to  Walnut. 

First  street  from  Main  to  the  river. 

§  2.  This  permission  is  granted  for  two  years  from  the  date 
of  the  taking  effect  of  this  ordinance,  and  thereafter  until  the 
Council  shall  direct  from  time  to  time  the  resumption  of  the 
running  of  cars  on  said  tracks  or  such  of  them  as  from  time  to 
time  the  Council  shall  ordain. 

§  3.  That  by  this  ordinance  no  franchise  or  privilege  is  or 
shall  be  created  or  enlarged  or  recognized  in  favor  of  the  Louis- 
ville Railway  Company.  Nor  shall  this  ordinance  stop  the  city 
of  Louisville  from  asserting  any  rights  which  it  had  before  the 
passage  of  this  ordinance  or  would  have  had  if  this  ordinance 
had  not  been  passed.  Nor  shall  it  relieve  the  Louisville  Railway 
Company  from  any  duty  or  responsibility  other  than  the  discon- 
tinuance of  the  running  of  cars  as  hereinbefore  provided. 

§  4.  This  ordinance  shall  take  effect  from  its  passage.  (Ap- 
proved July  2,  1919.) 


STREET  CLEANING  DEPARTMENT. 

Employes — Salaries. 

AN  ORDINANCE  concerning  the  Street  Cleaning  Department, 
placing  same  under  the  Board  of  Public  Works,  and  fixing  the 
number,  salaries  and  compensation  of  the  officers  and  em- 
ployes in  said  department. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     There  is  hereby  created  and  placed  under  the  Board  of 
Public  Works  the  Street  Cleaning  Department. 

§  2.  There  may  be  the  number  of  officers  and  employes  pre- 
scribed in  this  ordinance  and  no  more  in  said  department  and 
their  salaries  and  compensation  shall  not  be  greater  than  the 
maximum  rates  as  fixed  in  this  ordinance,  but  may,  by  agree- 
ment between  the  Board  of  Public  Works  and  said  employes,  be 
fixed  at  any  rate  less  than  the  said  maximum  rate  as  fixed  in 
this  ordinance,  and  the  payrolls  for  said  department  shall  be 
made  up,  certified  and  registered  each  week  in  accordance  with 
the  provisions  of  an  ordinance  entitled  "An  ordinance  prescrib- 


STREET  CLEANING  DEPARTMENT.  617 

ing  the  manner  in  which  claims  against  the  city  of  Louisville, 
including  salaries  and  wages  of  its  officers  and  employes,  shall 
be  made  and  paid,"  and  approved  February  19,  1919. 

§  3.  Officers  and  employes  and  their  salaries  and  compen- 
sations : 

Compensation 
Per  Annum. 

Superintendent  of  Street  Cleaning , $1,500.00 

Bookkeeper 1,280.00 

Six  Foremen  at  $1,200.00  each,  per  annum 7,200.00 

Three  Assistant  Foremen  at  $1,000.00  each,  per  annum.  3,000.00 
Two  Garbage  Foremen  at  $1,200.00  each,  per  annum.  .  .  2,400.00 
Two   Assistant   Garbage   Foremen   at   $1,000.00   each, 

per  annum  2,000.00 

One  Stable  Foreman 1,320.00 

One  Assistant  Stable  Foreman 900.00 

Stenographer  840.00 

The  following  employes  shall  be  paid,  respectively,  the  amounts 
shown  below  for  services  actually  rendered: 

Chauffeurs $3.00  per  day 

Flusher  Chauffeurs  and  Oiler  Chauffeurs 4.00  per  day 

Watchmen 2.50  per  day 

Blacksmith  Foremen   .  . .  .■ 60  per  hour 

Blacksmiths 50  per  hour 

Blacksmith  Helpers 25  per  hour 

Carpenters    ; 60  per  hour 

Horse  Shoers    4414  Per  hour 

Laborers    30  per  hour 

Painters 50  per  hour 

Plumbers   70  per  hour 

Skilled  Laborers 35  per  hour 

Two-animal  Team,  including  Driver   6.00  per  day 

§  4.  The  Board  of  Public  Works  in  case  of  an  emergency, 
and  with  the  approval  of  the  Mayor,  shall  have  the  power  to 
employ  additional  help  in  said  department  herein  mentioned, 
the  salaries  of  the  same  to  be  fixed  by  the  Board  of  Public  Works, 
and  the  names  of  such  employes  shall  appear  on  the  regular 
payroll  as  "Special  Employes."  Said  special  employes  may  be 
dismissed  at  any  time  by  the  Board  of  Public  Works. 


618  TAXES. 

§  5.  The  ordinance  approved  February  19,  1919,  entitled  "An 
ordinance  concerning  the  Street  Cleaning  Department,  placing 
the  same  under  the  Board  of  Public  Works,  and  fixing  the  num- 
ber, salaries  and  compensation  of  the  officers  and  employes  in 
said  department,"  and  all  ordinances  and  parts  of  ordinances 
in  conflict  herewith  are  hereby  repealed. 

§  6.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage.     (Approved  November  7,  1919.) 


(1)  TAXES. 

Appropriations  for  Fiscal  Year  Ending  August  31,  1918. 

AN  ORDINANCE  making  appropriations  for  the  fiscal  year 

ending  August  31,  1918. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  there  is  hereby  appropriated  for  the  specific  pur- 
poses, the  several  sums  out  of  the  estimated  revenues  from  the 
levy  made  for  the  current  fiscal  year  and  cash  collections,  as  set 
forth  in  the  following  sections  of  this  ordinance,  for  the  current 
fiscal  year,  ending  August  31,  1918. 

§  2.     For  Police  Purposes : 

(a)  Out  of  the  95%  of  the  estimated 
revenue  from  the  levy  for  the  cur- 
rent fiscal  year  for  said  purposes.  .$418,201.88 

(b)  Out  of  the  unexpended  cash  col- 
lections for  said  department,  being 
over  the  95  7o  from  levies  for  years 

prior  to  1918 23,297.04 

32,457.60 

(c)  Out  of  the  unexpended  cash  col- 
lections for  said  department,  being 
under  the  95%  from  levies  for 
years     prior    to     1918,     reappro-. 

priated    3,168.37 

(d)  Amount  reimbursed  for  labor  and 
material  furnished  other  depart- 
ments, also  for  cash  collected  since 
September  1,  1917,  and  now  reap- 
propriated    1,589.73 

Total  for  Police  Purposes $478,714.62 


TAXES. 619 

§  3.     For  Fire  Department : 

(a)  Out  of  the  95%  of  the  estimated 
revenue  from  the  levy  for  the  cur- 
rent fiscal  year  for  said  depart- 
ment       398,750.62 

(b)  Out  of  the  unexpended  cash  col- 
lections for  said  department,  being 
over  the  95%  from  levies  for  years 

prior  to  1918 21,730.00 

27,417.62 

(c)  Out  of  the  unexpended  cash  collec- 
tions for  said  department,  being 
under  the  93%  from  levies  for 
years   prior   to    1918,   reappropri- 

ated  2,802.31 

(d)  Amount  reimbursed  for  labor  and 
material  furnished  other  depart- 
ments, also  for  cash  collected  since 
September  1,  1917,  and  now  reap- 
propriated    4,504.10 

Total  for  Fire  Department 455,204.65 

§  4.     For  Street  Cleaning : 

(a)  Out  of  the  95%  of  the  estimated 
revenue  from  the  levy  for  the  cur- 
rent   fiscal    year    for    Street    and 

Sewer  Cleaning 228,129.40 

(b)  Out  of  the  unexpended  cash  col- 
lections for  Street  and  Sewer 
Cleaning,  being  over  the  95%  from 

levies  for  years  prior  to  1918.  .  . .      13,546.08 

15,393.37 
2,628.24 


..t1 


(c)   Out  of  the  unexpended  cash  col- 
lections for  said  department,  being  jA^' 
under    the    95%    from    levies   for 
years     prior     to     1918,     reappro- 
priated    1,722.33 


i^ 


620  TAXES. 

(d)  Amount  reimbursed  for  labor  and 
material  furnished  other  depart- 
ments, also  for  cash  collected 
since  September  1,  1917,  and  now 

reappropriated    . 4,605.17 

6,025.32 
Total  for  Street  Cleaning 272.049.91 

§  5.     For  Sewer  Cleaning : 

(a)  Out  of  the  remainder  of  the  95% 
of  the  estimated  revenue  from  the 
levy  for  the  current  fiscal  year  for 

street  and  sewer  cleaning 5,285.60 

(b)  Amount  cash  collected  since  Sep- 
tember 1,  1917,  and  now  reappro- 
priated      34.00 

Total  for  Sewer  Cleaning 5,319.60 

§  6.     For  Reconstruction  of  Streets : 

(a)  Out  of  the  95%  of  the  estimated 
revenue  from  the  levy  for  the  cur- 
rent fiscal  year  for  said  purposes.   184,786.87 

(b)  Out  of  the  unexpended  cash  collec- 
tions for  said  purposes,  being  over 
the    95%;i    from    levies    for    years 

prior  to  1918 12,483.54 

17,237.63 

(c)  Out  of  the  unexpended  cash  collec- 
tions for  said  department,  being 
under  the  95%  from  levies  for 
years  prior  to  1918,  reappro- 
priated            1,607.59 

(d)  Amount  reimbursed  for  labor  and 
material  furnished  other  depart- 
ments also  for  cash  collected  since 
September  1,  1917,  and  now  reap- 
propriated           2,855.21 

Total     for     Reconstruction     of 

Streets    218,970.84 


TAXES.  621 


§  7.     For  Repairing  Streets : 

(a)  Out  of  the  95 Vc  of  the  estimated 
revenue  from  the  levy  for  the  cur- 
rent fiscal  year  for  said  purposes . .    116,707.50 

(b)  Out  of  the  unexpended  cash  col- 
lections for  said  purposes,  being 
over  the  95 '/t  from  levies  for  years 

prior  to  1918 6,909.54 

8,685.44 

(c)  Out  of  the  unexpended  cash  col- 
lections for  said  department,  being 
under  the  95%  from  levies  for 
years   prior   to   1918,   reappropri- 

ated   1,596.20 

(d)  Amount  reimbursed  for  labor  and 
material  furnished  other  depart- 
ments, also  for  cash  collected 
since  September  1,  1917,  and  now 
reappropriated     5,361.45 

Total  for  Repairing  Streets 139,260.13 

§  8.     For  Sewer  Construction : 

(a)  Out  of  the  95%  of  the  estimated 
revenue  from  the  levy  for  the  cur- 
rent fiscal  year  for  Sewer  Con- 
struction and  Repairs   107,707.50 

(b)  Out  of  the  unexpended  cash  col- 
lections for  Sewer  Construction 
and  Repairs,  being  over  the  95% 
from    levies    for    years    prior    to 

1918     3,555.99 

8,008.50 

(c)  Out  of  the  unexpended  cash  col- 
lections for  said  department,  being 
under  the  95%  from  levies  for 
years  prior  to  1918,  reappropri- 
ated     803.29 

(d)  Amount  reimbursed  for  labor  and 
material    furnished    other    depart- 


622 TAXES. 

ments,  also  for  cash  collected 
since  September  1,  1917,  and  now 

reappropriated     , 2,235.73 

Total  for  Sewer  Construction..  122,311.01 

§9. 
Out  of  the  remainder  of  the  95%   of 

the  estimated  revenue  from  the 
levy  for  Sewer  Construction  and 
Repairs 9,000.00  9,000.00 

§  10.     For  Home  for  Aged  and  Infirm : 

(a)  Out  of  the  95%  of  the  estimated 
revenue  from  the  levy  for  the  cur- 
rent fiscal  year  for  charitable 
institutions 32,101.91 

(b)  Amount  reimbursed  for  labor  and 
material  furnished  other  depart- 
ments, also  for  cash  collections 
since  September  1,  1917,  and  now 
reappropriated 1,371.13 

485.59 

(c)  There  is  also  appropriated  for  the 
Home  for  the  Aged  and  Infirm  a 
part  of  the  cash  on  hand  to  the 
credit  of  "Cash  from  City  De- 
partments," same  being  a  part  of 

the  General  Purpose  Fund 6,200.00 

Total  for  Home  for  Aged   and 

Infirm    40,158.63 

§  11.     For  City  Hospital: 

(a)  Out  of  the  95%  of  the  estimated 
revenue  from  the  levy  for  the  cur- 
rent fiscal  year  for  Charitable  In- 
stitutions        154,023.42 

(b)  Out  of  the  unexpended  cash  col- 
lections for  Charitable  Institu- 
tions,  being   over   the   95%    from 

levies  for  years  prior  to  1918 9,800.02 

13,295.12 
1,948.27 


TAXES.  623 


(c)  Out  of  the  unexpended  cash  col- 
lections for  Charitable  Institutions 
being  under  the  95 '/c  from  levies 
for  years  prior  to  1918,  reappropri- 

ated   2,168.44 

(d)  Amount  reimbursed  for  labor  and 
material  furnished  other  depart- 
ments, also  for  cash  collected  since 

.  September  1,  1917,  and  now  reap- 

propriated    8,212.53 

5,057.07 

(e)  There  is  also  appropriated  for  the 
City  Hospital  a  part  of  the  cash 
on  hand  to  the  credit  of  "Cash 
from  City  Departments,"  same 
being  a  part  of  the  General  Purpose 

Fund   7,700.00 

(f)  There  is  also  appropriated  for 
the  City  Hospital,  cash  on  hand  to 
the  credit  of  franchises,  same 
being  a  part  of  the  General  Pur- 
pose Fund 3,699.62 

3,994.92 
Total  for  City  Hospital 209,899.41 

§  12.     For  Eruptive  Hospital: 

(a)  Out  of  the  95%  of  the  estimated 
revenue  from  the  levy  for  the  cur- 
rent fiscal  year  for  Charitable  In- 
stitutions            1,463.75 

(b)  Amount  of  cash  collected  since 
September  1,  1917,  and  now  re- 
appropriated    5.00 

Total  for  Eruptive  Hospital 1,468.75 

§  13.     For  Workhouse : 

(a)  Out  of  the  remainder  of  the  95% 
of  the  estimated  revenue  from  the 
levy  for  the  current  fiscal  year  for 
Charitable  Institutions 26,374.67 


624  TAXES. 


(b)  Amount  reimbursed  for  labor  and 
material  furnished  other  depart- 
ments, also  for  cash  collections 
since     September     1,     1917,     and 

now  reappropriated   131.10 

10.00 

(c)  There  is  also  appropriated  for  the 
Workhouse  a  part  of  the  cash  on    ■ 
hand  to  the  credit  of  ''Cash  from 
City  Departments,"  same  being  a 
part     of     the     General     Purpose 

Fund 6,429.05 

377.30 
Total  for  Workhouse 33,322.12 

§  14.     For  General  Purposes : 

The  funds  available  for  appropriation 
are  made  up  as  follows: 

(a)  The  95%  of  the  estimated  revenue 
for  the  current  fiscal  year  from  the 

levy  for  said  purpose 486,281.25 

(b)  The  unexpended  cash  collections 
from    levies    for    said    purposes, 

being  over  the  95%  prior  to  1918.  .     82,555.39 

37,508.16 

(c)  Out  of  the  unexpended  cash  col- 
lections for  said  department, 
being  under  the  95%  from  levies 
for  years  prior  to  1918,  reappro- 
priated      14,050.26 

(d)  From  court  costs   613.88 

284.25 

(e)  From  franchises  8,810.62 

Less  amount  appropri- 
ated     for      Charitable 

Institutions  as  per  Sec- 
tion 11  of  this  ordi- 
nance      $7,694.54—       1,116.08 


TAXES. 625 

(f)   From     cash     from     city     depart- 
ments      54,021.16 

Less  amounts  appro- 
priated for  Charitable 
Institutions  as  per 
Sections  10,  11  and  13 

of  this  ordinance $20,706.35—  33,314.81 

Total  for  General  Purposes 655,724.08 

Which  is  appropriated  as  follows: 

Assessor's  Department    $26,466.04 

Auditor's  Department   3,949.92 

Board  of  Public  Safety  .  . .' 10,702.44 

Board  of  Public  Works 12,375.46 

Cemeteries    1,700.00 

Cisterns    2,500.00 

City  Buyer's  Department   6,299.88 

City  Hall  Expenses 44,500.00 

City  Pounds 1,350.00 

Comptroller's  Department 6,490.87 

Engineer's  Department   40,000.00 

Gas  Inspector : 6,500.00 

Incidental  Expenses 128,879.39 

Inspection  of  Buildings   15,700.00 

Insurance   , 1,409.37 

Law  Department 23,000.00 

Legislative  Department 5,200.00 

Live  Stock  Inspector's  Department. ....  2,400.00 

Mayor's  Department 8,000.00 

Police  Court 24,000.00 

Printing  and  Stationery 19,000.00 

Public  Baths 8,500.00 

Public  Lights 184,505.06 

Pumps  and  Wells 3,000.00 

Receiver  of  Taxes 14,847.38 

Sanitary  Expenses   36,000.00 

Secret  Service   2,500.00 

Treasurer's  Department 6,245.40 

Veteran  Fireman's  Home   900.00 

Weights  and  Measures  Department.  . .  .  2,261.20 

Interest  on  City  Notes 6,541.67 


626  TAXES. 

§  15.     For  Oiling  Streets: 

(a)  Out  of  the  95%  of  the  estimated 
revenue  from  the  levy  for  the  cur- 
rent fiscal  year  for  Oiling  Streets.      19,451.25 

(b)  Out  of  the  unexpended  cash  col- 
lections for  Oiling  Streets,  being 
over    the    95%    from    levies    for 

years  prior  to  1918 1,040.06 

2,629.57 

(c)  Out  of  the  unexpended  cash  col- 
lections for  said  department,  being 
under  the  95%  from  levies  for 
years   prior   to    1918,    reappropri- 

ated   267.76 

(d)  Amount  reimbursed  for  material 
and  supplies  furnished  other  de- 
partments since  September  1,  1917, 

and  now  reappropriated   136.10 

Total  for  Oiling  Streets 23,524.74 

Grand    total    of    appropriations 
for  all  purposes $2,664,928.49 

§  16.  That  the  City  Treasurer  be  and  he  is  hereby  auhorized 
and  directed  to  set  apart  the  full  amounts  of  the  several  appro- 
priations in  Section  14  of  this  ordinance,  for  Insurance,  Secret 
Service,  and  interest  on  city's  notes,  out  of  the  collection  of  taxes 
under  the  levy  for  the  current  fiscal  year,  ending  August  31, 
1918,  for  General  Purposes. 

§  17.  That  all  ordinances  in  conflict  herewith  are  hereby  re- 
pealed. 

§  18.  That  this  ordinance  shall  take  effect  on  and  after  its 
passage.     (Approved  August  14,  1918.) 


TAXES. 627 

(2)  TAXES. 

Appropriations  for  Fiscal  Year  Ending  August  31,  1919. 

AN  ORDINANCE  making  partial  appropriations  for  the  fiscal 
year  ending  August  31,  1919,  viz:  For  the  months  of  Sep- 
tember, October,  November  and  December,  1918,  and  Jan- 
uary, 1919. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  there  are  hereby  appropriated  out  of  the  revenue 
and  sums  borrowed,  or  to  be  borrowed,  for  the  fiscal  year  ending 
August  31,  1919,  the  following  sums  for  the  first  five  months  of 
the  said  fiscal  year,  viz:  September,  October,  November  and 
December,  1918,  and  January,  1919,  for  the  following  purposes, 
to- wit : 

Police  purposes $210,000.00 

Fire  Department 180,000.00 

Street  Cleaning  . ■  110,000.00 

Sewer  Cleaning 6,000.00 

Reconstruction  of  Streets   90,000.00 

Repairing  Streets   60,000.00 

Sewer  Construction   50,000.00 

Sewer  Repairs 4,000.00 

Home  for  the  Aged  and  Infirm 19,000.00 

City  Hospital 90,000.00 

Eruptive  Hospital 1,000.00 

Workhouse 15,000.00 

Assessor's  Department    15,000.00 

Auditor 1,500.00 

Board  of  Public  Safety 4,000.00 

Board  of  Public  Works 5.000.00 

Cemeteries   ,.  1,000.00 

Cisterns    1,000.00 

City  Buyer's  Department 2,500.00 

City  Hall  Expenses 21,000.00 

City  Pounds ' 1,000.00 

Comptroller's  Department .  2,500.00 

Engineer's  Department 20,000.00 

Gas  Inspector , 3,000.00 

Incidental  expenses 93,000.00 


628  TAXES. 


Inspection  of  Buildings  Department  .  . . ./ 10,000.00 

Insurance   3,000.00 

Law  Department 9,000.00 

Legislative  Department 2,000.00 

Live  Stock  Inspector's  Department 1,300.00 

Mayor's  Department .  3,800.00 

Police   Court    9,000.00 

Printing  and  Stationery 12,000.00 

Public  Baths   4,000.00 

Public  Lights 66,000.00 

Pumps  and  Wells 3,000.00 

Receiver  of  Taxes 6,000.00 

Sanitary  Expenses 20,000.00 

Secret  Service   1,000.00 

Treasurer's  Department 2,500.00 

Veteran  Fireman's  Home 900.00 

Weights  and  Measures  Department 1,000.00 

Oiling  Streets    15,000.00 


Total   $1,175,000.00 

§  2.  That  the  City  Treasurer  be,  and  he  is  hereby  directed 
to  set  apart  the  full  sums  of  the  appropriations  made  in  the  pre- 
ceding section  for  Insurance  and  Secret  Service,  out  of  the  rev- 
enue and  funds  from  which  said  appropriation  is  made. 

§  3.  That  this  ordinance  shall  take  effect  from  its  passage. 
{Approved  September  11,  1918.) 


(3)  TAXES. 
Appropriations  for  Fiscal  Year  Ending  August  31,  1919. 

AN  ORDINANCE  making  partial  appropriation  for  the  fiscal 
year  ending  August  31,  1919,  namely,  for  the  months  of  Sep- 
tember, October,  November  and  December,  1918,  and  Jan- 
uary, 1919. 

Be  it  ordained  bij  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  the  sum  of  one  hundred  and  fifty  thousand  dollars 

($150,000)    is  hereby  appropriated  for  sewer  construction  out 

of  the  revenue  and  sums  borrowed  or  to  be  borrowed  for  the 


TAXES.  629 


fiscal  year  ending  August  31,  1919,  for  the  first  five  months  of 
the  said  fiscal  year,  namely,  September,  October,  November  and 
December,  1918,  and  January,  1919. 

§  2.  The  sums  to  which  said  sewer  construction  shall  be  en- 
titled under  any  levy  or  appropriation  made  for  said  fiscal  year 
ending  August  31,  1919,  shall  be  charged  with  the  sum  herein 
appropriated,  this  appropriation  being  made  to  enable  the  Board 
of  Public  Works  to  take  advantage  of  certain  contracts  and 
which  will  result  in  the  saving  of  a  large  sum  of  money  to  the 
city  of  Louisville. 

§  3.  This  ordinance  is  supplemental  to  an  ordinance  entitled 
"An  ordinance  making  partial  appropriations  for  the  fiscal  year 
ending  August  31,  1919,  namely,  for  the  months  of  September, 
October,  November  and  December,  1918,  and  January,  1919,"  ap- 
proved September  11,  1918. 

§  4.  This  ordinance  shall  take  effect  from  its  passage.  (Ap- 
proved September  30,  1918.) 


(4)  TAXES. 

Appropriations  for  Fiscal  Year  Ending  August  31,  1919. 

AN  ORDINANCE  making  appropriations  for  the  fiscal  year  end- 
ing August  31,  1919. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  there  are  hereby  appropriated  for  the  specific  pur- 
poses the  several  sums  out  of  the  ninety-five  (95%)  per  cent  of 
the  estimated  revenue  from  the  respective  levies  made  for  the 
current  fiscal  year  ending  August  31,  1919,  as  set  forth  in  the 
following  sections  of  this  ordinance  for  said  fiscal  year: 

§  2.     For  Police  Purposes : 
From  the  levy  for  such  purposes $500,638.13 

§  3.     For  the  Fire  Department : 
From  the  levy  for  said  department 458,030.63 

§4.     For  Street  Cleaning: 
From  the  levy  for  Street  and  Sewer  Cleaning 262,274.68 

§  5.     For  Sewer  Cleaning : 
From  the  remainder  of  the  levy  for  Street  and 

Sewer  Cleaning  . . ." 20,000.00 


630  TAXES. 


§  6.     For  Reconstruction  of  Streets  : 
From  the  levy  for  said  department 154,452.18 

§  7.     For  Street  Repairs : 
From  the  levy  for  Repairing  Streets 143,800.31 

§  8.     For  Sewer  Construction : 
From  the  levy  for  Sewer  Construction  and  Repairs .       187,059.68 

§  9.     For  Sewer  Repairs : 
From  the  remainder  of  the  levy  for  Sewer  Con- 
struction and  Repairs 10,000.00 

§  10,  From  the  levy  for  Charitable  Institutions, 
estimated  at  $260,970.94,  which  is  appropriated 
as  follows: 

Home  for  Aged  and  Infirm $35,000.00 

City  Hospital 191,000.00 

Eruptive  Hospital 470.94 

Workhouse 34,500.00 


§  11.  From  the  levy  for  general  purposes,  esti- 
mated at  $532,593.75,  which  is  appropriated  as 
follows : 

Assessor's  Department    $26,500.00 

Auditor's  Department 3,950.00 

Board  of  Public  Safety 10,500.00 

Board  of  Pubhc  Works 13,700.00 

Cemeteries   i 1,800.00 

Cisterns    2,800.00 

City  Buyer's  Department 6,300.00 

City  Hall  expenses 39,000.00 

City  Pounds 1,350.00 

Comptroller's   Department    6,700.00 

Engineer's  Department 35,000.00 

Gas  Inspector 7,200.00 

Incidental  expenses 50,233.75 

Inspection  of  Building  Department. . . .  22,600.00 

Insurance 6,000.00 

Law  Department 19,000.00 

Legislative  Department 5,500.00 

Live  Stock  Inspector's  Department  .  .  .  2,300.00 


260,970.94 


TAXES.  631 


Mayor's  Department 9,000.00 

Police  Court 19,000.00 

Printing  and  Stationery 13,000.00 

Public  Baths 8,500.00 

Public  Lights 130,000.00 

Pumps  and  Wells   2,000.00 

Receiver  of  Taxes 15,800.00 

Sanitary  Expenses   48,560.00 

Secret  Service   » 2,500.00 

Treasurer's  Department   .  . '. 6,600.00 

Veteran  Firemen's  Home 900.00 

Weights  and  Measures  Department  . .  .  2,300.00 

Interest  on  city's  notes  . 10,500.00 

Comfort  Station   3,500.00 

532,593.75 

§  12.     For  Oiling  Streets : 
From  the  levy  for  said  department 10,651.88 

Grand  total  of  appropriations  for  all  pur- 
poses    $2,540,472.18 

§  13.  That  the  City  Treasurer  be,  and  he  is  hereby  author- 
ized and  directed  to  set  apart  the  full  amounts  of  the  several  ap- 
propriations in  Section  11  of  this  ordinance,  for  Insurance, 
Secret  Service  and  interest  on  city's  notes,  out  of  the  collection 
of  taxes  under  the  levy  for  the  current  fiscal  year  ending  August 
31,  1919,  for  general  purposes. 

§  14.  That  the  ordinance  entitled  "An  ordinance  making 
partial  appropriations  for  the  fiscal  year  ending  August  31,  1919, 
viz.,  for  the  months  of  September,  October,  November  and  De- 
cember, 1918,  and  January,  1919,"  and  approved  September  11, 
1918,  and  all  other  ordinances  inconsistent  herewith,  are  hereby 
repealed. 

§  15.  That  this  ordinance  shall  take  effect  on  and  after  its 
passage.     (App7'oved  January  11,  1919.) 


632 TAXES. 

(5)  TAXES. 

Appropriations  for  Fiscal  Year  Ending  August  31,  1919. 

AN   ORDINANCE   making  appropriations  for  the  fiscal  year 
ending  August  31,  1919. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  there  are  hereby  appropriated  for  the  specific  pur- 
poses the  several  sums  as  set  forth  in  the  following  sections  of 
this  ordinance,  for 'the  current  fiscal  year  ending  August  31, 
1919. 

§  2.     For  Police  Purposes : 

Out  of  the  unexpended  cash  col- 
lections for  said  department,  being 
over  95%  from  levies  for  years 
prior  to   1919 $8,549.79 

§  3.     For  Fire  Department : 

Out  of  the  unexpended  cash  col- 
lections for  said  department,  being 
over  the  95%  from  levies  for  years 
prior  to  1919    7,694.46 

§  4.     For  Street  Cleaning : 

Out  of  the  unexpended  cash  col- 
lections for  Street  and  Sewer 
Cleaning,  being  over  the  95% 
from  levies  for  years  prior  to 
1919    4,888.38 

§  5.     For  Reconstruction  of  Streets : 

Out  of  the  unexpended  cash  col- 
lections for  said  department,  being 
over  the  95 9^  from  levies  for  years 
prior  to   1919    4,237.69 

§  6.     For  Repairing  Streets : 

Out  of  the  unexpended  cash  col- 
lections for  said  department,  being 
over  the  95%  from  levies  for  years 
prior  to   1919    2,410.85 


TAXES.  633 


§7.  For  Sewer  Construction: 
Out  of  the  unexpended  cash  col- 
lections for  Sewer  Construction 
and  Repairs,  being  over  the  95% 
from  levies  for  years  prior  to 
1919 2,119.60 

§8.     For  City  Hospital : 

Out  of  the  unexpended  cash  col- 
lections for  Charitable  Institutions, 
being  over  the  95%  from  levies 
for  years  prior  to  1919 4,112.41 

§  9.     For  General  Purposes : 

(a)  Out  of  the  unexpended 
cash  collections  for  said 
purposes,  being  over 
the  95%  from  levies 
for     years     prior     to 

1919    $17,639.96 

(b)  From  cash  from  City 
Departments    20,263.94 

37,903.90 

Which  is  appropriated  as  follows: 

Incidental  Expenses   .  .   $22,903.90 

Public  Lights 15,000.00 

§  10.     For  Oiling  Streets : 

Out  of  the  unexpended  cash  col- 
lections for  said  department,  being 
over  the  95%  from  levies  for  years 
prior  to  1919    476.96 


Grand  total  of  above  appropri- 
ations      $72,394.04 

§  11.  This  ordinance  is  not  in  conflict  with,  does  not  repeal, 
but  is  supplemental  to  an  ordinance  entitled  "An  ordinance 
making  appropriations  for  the  fiscal  year  ending  August  31, 
1919,"  said  ordinance  appropriating  for  city  departments  (95%) 
ninety-five  per  cent  of  the  estimated  revenue  for  the  fiscal  year 
ending  August  31,  1919. 

§  12.  This  ordinance  shall  take  effect  on  and  after  its  pas- 
sage.    {Avproved  January  11,  1919.) 


634  TAXES. 


(6)  TAXES. 

Appropriaticms  for  Fiscal  Year  Ending  August  31,  1919. 

AN  ORDINANCE  making  appropriations  for  the  fiscal  year 
ending  August  31,  1919,  supplemental  to  Ordinance  No.  2, 
Series  1919,  and  Ordinance  No.  3,  Series  1919. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  there  is  hereby  appropriated  for  the  purposes  of 
printing  and  stationery  the  sum  of  five  thousand  ($5,000.00) 
dollars,  being  a  part  of  the  amount  on  hand  to  the  credit  of 
incidental  expense,  and  same  being  a  part  of  the  general  pur- 
pose fund  for  the  current  fiscal  year  ending  August  31,  1919. 

§  2.  This  ordinance  is  supplemental  to  Ordinance  No.  2, 
Series  1919,  approved  January  11,  1919,  and  also  is  supplemental 
to  Ordinance  No.  3,  Series  1919,  and  is  not  in  conflict  with,  nor 
does  it  repeal  either  Ordinance  No.  2,  Series  1919,  or  Ordinance 
No.  3,  Series  1919. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  April  10,  1919.) 


(7)  TAXES. 

Appropriations  for  Fiscal  Year  Ending  August  31,  1919. 

AN  ORDINANCE   making  appropriations  for  the  fiscal  year 

ending  August  31,  1919. 
Be  it  ordmned  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  there  are  hereby  appropriated  for  the  specific  pur- 
poses the  several  sums  as  set  forth  in  the  following  sections  of 
this  ordinance  for  the  current  fiscal  year  ending  August  31,  1919. 

§  2.     For  Police  Purposes : 

Out  of  the  unexpended  cash  collec- 
tions for  said  department,  being 
over  the  95%  from  levies  for  years 

prior  to  1919  .  ., $9,818.04 

Out  of  the  unexpended  cash  collec- 
tions for  said  department,  being 
under  the  95%  from  levies  for 
years  prior  to  1919 5,241.70 


TAXES.  635 


Cash  collected  since  September  1, 

1918     1,946.38 


Total    $17,006.12 

§  3.     Fire  Department : 

Out  of  the  unexpended  cash  collec- 
tions for  said  department,  being 
over  the  95%  from  levies  for  years 

prior  to  1919 8,753.73 

Out  of  the  unexpended  cash  collec- 
tions for  said  department,  being 
under   the    95%    from    levies    for 

years  prior  to  1919 3,060.30 

Cash  collected  since  September  1, 

1918    1,175.86 

Total   12,989.89 

§4.     Street  Cleaning: 

Out  of  the  unexpended  cash  collec- 
tions for  Street  and  Sewer  Clean- 
ing, being  over  the  95  7o  from 
levies  for  years  prior  to  1919  ....  5,607.86 
Out  of  the  unexpended  cash  collec- 
tions for  said  department,  being 
under   the    95%    from    levies    for 

years  prior  to  1919 2,088.24 

Cash  collected  since  September  1, 

1918     5,402.46 

There  is  also  appropriated  for  the 
Street  Cleaning  Department  a 
part  of  the  cash  on  hand  to  the 
credit  of  "Cash  from  City  Depart- 
ments," same  being  a  part  of  the 

General  Purpose  Fund 8,534.14 

There  is  also  appropriated  for  the 
Street  Cleaning  Department  cash 
on  hand  to  the  credit  of  Fran- 
chises, same  being  a  part  of  the 
General  Purpose  Fund 3,850.50 

Total   25,483.20 


636  TAXES. 


5.  For  Reconstruction  of  Streets: 
Out  of  the  unexpended  cash  collec- 
tions for  said  department,  being 
over    the    95%    from    levies    for 

years  prior  to  1919 4,942.98 

Out  of  the  unexpended  cash  collec- ' 
tions   for   said   department,   being 
under    the    95%    from    levies    for 

years  prior  to  1919 1,310.61 

Cash  collected  since  September  1, 

1918    1,233.66 


Total 7,487.25 

§  6.     For  Repairing  of  Streets : 

Out  of  the  unexpended  cash  collec- 
tions for  said  department,  being 
over    the    95%    from    levies    for 

years  prior  to  1919 2,751.87 

Out  of  the  unexpended  cash  collec- 
tions for  said  department,  being 
under    the    95%    from    levies    for 

years  prior  to  1919 968.87 

Cash  collected  since  September  1, 

1918     8,103.02 


Total   11,823.76 

§  7.     For  Sewer  Construction : 

Out  of  the  unexpended  cash  collec- 
tions for  Sewer  Construction  and 
Repairs,  being  over  the  95%  from 
levies  for  years  prior  to  1919  ....  2,428.44 
Out  of  the  unexpended  cash  collec- 
tions for  said  department,  being 
under    the    95%    from    levies    for 

years  prior  to  1919 810.32 

Cash  collected  since  September  1, 

1918    , 2,085.89 

Total   5,324.65 


TAXES.  637 


§  8.  For  Home  for  Aged  and  Infirm : 
Out  of  the  unexpended  cash  collec- 
tions for  Charitable  Institutions, 
being  under  the  95%   from  levies 

for  years  prior  to  1919 2,270.02 

Cash  collected  since  September  1, 

1918    1,366.06 


Total   3,636.08 

§  9.     City  Hospital : 

Cash  collected  since  September  1, 

1918     *  3,886.87 

§  10.     For  Workhouse : 

Out  of  the  unexpended  cash  collec- 
tions for  said  department,  being 
over    the    95%    from    levies    for 

years  prior  to  1919 4,699.57 

For  cash  collected  since  Septem- 
ber 1,  1918 287.73 


Total    4,987.30 

§11.     For  General  Purposes: 

The  funds  available  for  appropri- 
ation are  made  up  as  follows : 
Out  of  the  unexpended  cash  collec- 
tions  for   said   department,   being 
oyer    the    95%     from    levies    for 

years  prior  to  1919 11,918.32 

Out  of  the  unexpended  cash  collec- 
tions for  said  department,  being 
under   the    95%    from    levies    for 

years  prior  to  1919 12,690.31 

From  cash  from  city  depart- 
ments         39,811.21 

Less  amount  appropri- 
ated for  Street  Cleaning 
in  Section  4  of  this 
ordinance    $8,534.14—     31,277.07 


638 TAXES. 

From  Franchises    3,850.50 

Less  amount  appropriated  for 
Street  Cleaning  in  Section  4  of 
this  ordinance   3,850.50 

Total   55,885.70 

Which  is  appropriated  as  follows: 

Assessor's  Department    <  1,200.00 

City  Hall  expense 5,000.00 

Inspection    of    Buildings    Depart- 
ment      1,500.00 

Insurance    500.00 

Law   Department    5,000.00 

Police   Court    5,000.00 

Public  Lights 29,835.28 

Pumps  and  Wells   750.42 

Sanitary  Expenses   7,000.00 

Treasurer's  Department    100.00 

§12.     For  Oiling  Streets: 

Out  of  the  unexpended  cash  collec- 
tions for  said  department,  being 
over    the    95%    from    levies    for 

years  prior  to  1919 591.74 

Out  of  the  unexpended  cash  collec- 
tions  for   said   department,   being  ' 
under    the    95%    from    levies    for 
j'ears  prior  to  1919 135.05 

Total   -726.79 

Grand    total    of    all    appropri- 
ations in  this  ordinance   $149,237.61 

§  13.  That  the  City  Treasurer  be,  and  he  is  hereby  author- 
ized and  directed  to  set  apart  the  $500.00  appropriated  in  this 
ordinance  for  Insurance  out  of  the  collections  of  taxes  under  the 
levy  for  the  current  fiscal  year  ending  August  31,  1919,  for  Gen- 
eral Purposes. 

§  14.  This  ordinance  is  supplemental  to  Ordinance  No.  2, 
Series  1919,  approved  January  11,  1919,  also  Ordinance  No.  3, 


TAXES.  639 


Series  1919,  approved  January  11,  1919,  also  Ordinance  No.  74, 
Series  1919,  approved  April  12,  1919,  and  is  not  in  conflict  with 
nor  does  it  repeal,  Ordinance  No.  2,  Ordinance  No.  3  and  Ordi- 
nance No.  74,  Series  1919. 

§  15.     This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  May  22,  1919.) 


(8)   TAXES. 

Appropriations  for  Fiscal  Year  Ending  August  31,  1919. 

AN  ORDINANCE* making  appropriations  for  the  fiscal  year 
ending  August  31,  1919. 

Be  it  ordained  bij  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  there  is  hereby  appropriated  for  the  Street  Clean- 
ing Department  the  sum  as  set  forth  below  for  the  current  fiscal 
year  ending  August  31,  1919 : 

(a)  Out  of  the   unexpended   cash   collections   for 
Street  and   Sewer   Cleaning,   being   over   the 

95%  from  levies  for  years  prior  to  1919 $4,422.24 

(b)  Cash  collected  during  April  and  May,  1919  . .  .       2,117.03 


Total $6,539.27 

§  2.  This  ordinance  is  supplemental  to  Ordinance  No.  2, 
Series  1919,  approved  January  11,  1919;  Ordinance  No.  3,  Series 
1919,  approved  January  11,  1919;  Ordinance  No.  74,  Series 
1919,  approved  April  12,  1919,  and  Ordinance  No.  97,  Series 
1919,  approved  May  22,  1919,  and  is  not  in  conflict  with  nor 
does  it  repeal  any  of  the  ordinances  mentioned  in  Section  2  of 
this  ordinance. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  June  19,  1919.) 


640  TAXES. 


(9)  TAXES. 

Appropriations  for  Fiscal  Year  Ending  August  31, 1919. 

AN  ORDINANCE  making  appropriations  for  the  fiscal  year 

ending  August  31,  1919. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  there  are  hereby  appropriated  for  the  specific  pur- 
poses the  several  sums  as  set  forth  in  the  following  sections  of 
this  ordinance,  for  the  current  fiscal  year  ending  August  31, 

1919: 

§  2.     For  Police  Purposes : 

Out  of  the  unexpended  cash  collec-  , 

tions   for   said   department,   being 
over    the    95%    from    levies    for 

years  prior  to  1919 $31,882.24 

Cash  collected  since  April  1,  1919 .  .       2,573.07 


Total $34,455.31 

§3.     For  Fire  Department: 

Out  of  the  unexpended  cash  collec- 
tions for  said  department,  being 
over    the    95%    from    levies    for 

years  prior  to  1919 29,939.65 

Cash  collected  since  April  1,  1919.  .       1,154.11 


Total   31,093.76 

§  4.     For  Street  Cleaning : 

Out  of  the  unexpended  cash  collec- 
tions for  Street  and  Sewer  Clean- 
ing, being  over  the  95%  from 
levies  for  years  prior  to  1919  ....      13,455.27 

Cash  collected  to  June,  1919 1,003.58 

There  is  also  appropriated  for  the 
Street  Cleaning  Department  a  part 
of  the  cash  on  hand  to  the  credit  of 
"Cash  from  City  Departments," 
same  being  a  part  of  the  General 
Purpose  Fund   4,458.38 

Total   18,917.23 


TAXES.  641 


§  5.  For  Reconstruction  of  Streets : 
Out  of  the  unexpended  cash  collec- 
tions for  said  department,  being 
over    the    95%    from    levies    for 

years  prior  to  1919 14,531.06 

Cash  collected  since  April  1,  1919. .  2.75 


Total   14,533.81 

6.     For  Repairing  Streets: 
Out  of  the  unexpended  cash  collec- 
tions  for   said   department,   being 
over    the    95%    from    levies    for 

years  prior  to  1919 8,896.07 

Cash  collected  since  April  1,  1919 .  .       3,328.86 


Total   12,224.93 

7.     For  Sewer  Construction: 
Out  of  the  unexpended  cash  collec- 
tions for  Sewer  Construction  and 
Repairs,  being  over  the  95%  from 
levies  for  years  prior  to  1919  ....       7,688.89 
Cash  collected  since  April  1,  1919 .  .,       1,348.17 


Total   "...  9,037.06 

8.  For  Sewer  Repairs: 

Out  of  the  unexpended  cash  collec- 
tions for  Sewer  Construction  and 
Repairs,  being  over  the  95%  from 
levies  for  years  prior  to  1919  ....  1,000.00 

9.  For  Home  for  Aged  and  Infirm : 
Out  of  the  unexpended  cash  collec- 
tions for  Charitable  Institutions, 
being  over  the  95%  from  levies  for 

years  prior  to  1919 / 3,000.00 

Cash  collected  since  April  1,  1919 . .  428.76 

Total   3,428.76 


642  TAXES. 


§  10.     For  City  Hospital : 

Out  of  the  unexpended  cash  collec- 
tions for  Charitable  Institutions, 
being  over  the  95%  from  levies  for 

years  prior  to  1919 10,384.64 

Cash  collected  since  April  1,  1919 .  .       4,342.06 


Total   14,726.70 

§11.     For  Workhouse: 

Out  of  the  unexpended  cash  collec- 
tions for  Charitable  Institutions, 
being  over  the  95%  from  levies  for 

years  prior  to  1919 2,700.00 

Cash  collected  since  April  1,  1919 . .  90.32 


Total   2,790.32 

§12.     For  General  Purposes: 

The  funds  available  for  appropri- 
ation are  made  up  as  follows: 
Out  of  the  unexpended  cash  collec- 
tions  for   said   department,   being 
over    the    95%    from    levies    for 

years  prior  to  1919 37,228.40 

From   cash   from    City  ■ 

Departments    $25,122.79 

Less  amount  appropri- 
ated for  Street  Clean- 
ing in  Section  4  of  this 

ordinance    4,458.38 

20,664.41 


Total   57,892.81 

Which  is  appropriated  as  follows': 

Assessor's  Department $300.00 

City  Hall  Expenses 5,000.00 

Public  Lights 12,000.00 

Sanitary  Expenses   3,000.00 

Incidental  Expenses 37,592.81 


TAXES.  643 


§  13.     For  Oiling  Streets : 

Out  of  the  unexpended  cash  collec- 
tions for  said  department,  being 
over  the  95%  from  levies  for 
years  prior  to  1919 1,598.87 


Grand    total    of    all     appropri- 
ations in  this  ordinance $201,699.56 

§  14.  This  ordinance  is  supplemental  to  Ordinance  No.  2, 
Series  1919,  approved  January  11,  1919;  Ordinance  No.  3,  Series 
1919,  approved  January  11,  1919 ;  Ordinance  No.  74,  Series  1919, 
approved  April  12,  1919;  Ordinance  No.  97,  Series  1919,  ap- 
proved May  22,  1919,  and  Ordinance  No.*  167,  Series  1919,  ap- 
proved June  19,  1919,  and  is  not  in  conflict  with  nor  does  it  re- 
peal any  of  the  ordinances  named  in  this  section. 

§  15.  This  ordinance  shall  take  efl'ect  from  and  after  its  pas- 
sage.    (Approved  July  9,  1919.) 


(10)  TAXES. 

Appropriations  for  Fiscal  Year  Ending  August  31,  1919. 

AN   ORDINANCE   making  appropriations  for  the   fiscal  year 
ending  August  31,  1919. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  there  are  hereby  appropriated  for  the  specific  pur- 
poses the  several  sums  as  set  forth  in  the  following  sections  of 
this  ordinance  for  the  current  fiscal  year  ending  August  31,  1919. 

§  2.     For  Police  Purposes : 

Cash  collected  during  July,  1919.  .  $33.60 

§  3.     For  Fire  Department : 

Cash  collected  during  July,  1919.  .  395.52 

§  4.     For  Street  Cleaning : 

Cash  collected  during  July,  1919.  .  886.59 

There  is  also  appropriated  for  the 
Street  Cleaning  Department  a  part 
of  the  cash  on  hand  to  the  credit  of 


644 TAXES. 

"Cash  from  City  Departments," 
same  being  a  part  of  the  General 

Purpose  Fund   $1,887.42 

There  is  also  appropriated  for  the 
Street  Cleaning  Department  a  part 
of  the  cash  on  hand  to  the  credit  of 
"Franchises"    1,261.00 

Total... •  4,035.01 

§  5.     For  Sewer  Cleaning : 

Cash  collected  since  September  1, 

1918    14.90 

§  6.     For  Repairing  Streets : 

Cash  collected  during  July,  1919. .  866.42 

§  7.     For  Sewer  Construction : 

Cash  collected  during  July,  1919. .  330.69 

§  8.     For  Sewer  Repairs : 

Cash  collected  since  June,  1919..  26.95 

There  is  also  appropriated  for  this 
department  cash  on  hand  to  the 
credit  of  Franchises 1,000.00 


Total   1,026.95 

§  9.     For  Home  for  Aged  and  Infirm : 

Cash  collected  during  July,  1919.  .  276.59 

There  is  also  appropriated  for  this 
department  a  part  of  the  cash  on 
hand  to  the  credit  of  Franchises.  . .  300.00 


Total   576.59 

§  10.     For  the  City  Hospital : 

Cash  collected  during  July,  1919.  .  4,223.79 

§  11.     For  City  Workhouse: 

Cash  collected  during  July,  1919. .  4.50 

There  is  also  appropriated  for  this 
department  a  part  of  the  cash  on 
hand  to  credit  of  Franchises 700.00 

Total   704.50 


TAXES.  645 


§  12.     For  General  Purposes : 

The  funds  available  for  appropri- 
ations are  made  up  as  follows: 
From  cash  for  City  Departments, 
less     amount     appropriated     for 
Street   Cleaning  in    Section   4   of 

this  ordinance   5,294.92 

1,887.42 

3,407.50 

From  Franchises $4,261.00 

Less  amounts  appropriated  in  vari- 
ous sections  of  this  ordinance  ....       4,261.00 

Total   3,407.50 

Which  is  appropriated  as  follows : 

Incidental  Expenses $3,339.00 

Weights  and  Measures 68.50 

§  13.     For  Oiling  Streets : 

There  is  appropriated  for  this  de- 
partment a  part  of  the  cash  on 
hand  to  the  credit  of  Franchises.  . .  1,000.00 


Grand    total    of   this    appropri- 
ation      $16,615.47 

§  14.  This  ordinance  is  supplemental  to  Ordinance  No.  2, 
Series  1919,  approved  January  11,  1919;  Ordinance  No.  3,  Series 
1919,  approved  January  11,  1919;  Ordinance  No.  74,  Series  1919, 
approved  April  12,  1919;  Ordinance  No.  97,  Series  1919,  ap- 
proved May  22,  1919 ;  Ordinance  No.  167,  Series  1919,  approved 
June  19,  1919,  and  Ordinance  No.  177,  Series  1919,  approved 
July  9,  1919,  and  is  not  in  conflict  with  nor  does  it  repeal  any  of 
the  ordinances  named  in  this  section. 

§  15.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  August  23,  1919.) 


646 TAXES. 

(11)  TAXES. 
Appropriations  for  Fiscal  Year  Ending  August  31,  1919. 

AN  ORDINANCE  making  partial  appropriations  for  the  fiscal 
year  ending  August  31,  1920,  viz:  For  the  months  of  Septem- 
ber, October,  November  and  December,  1919,  and  January, 
1920. 

Be  it  ordained-  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  there  are  hereby  appropriated  out  of  the  revenue 
and  sums  borrowed  or  to  be  borrowed,  for  the  fiscal  year  end- 
ing August  31,  1920,  the  following  sums  for  the  first  five  months 
of  the  said  fiscal  year,  viz:  September,  October,  November  and 
December,  1919,  and  January,  1920,  for  the  following  purposes, 
to-wit : 

Police  Purposes $235,000.00 

Fire  Department 220,000.00 

Street  Cleaning ' 145,000.00 

Sewer  Cleaning 8,000.00 

Reconstruction  of  Streets 135,000.00 

Repairing  Streets   100,000.00 

Sewer  Construction    100,000.00 

Sewer  Repairs 8,000.00 

Home  for  the  Aged  and  Infirm 17,000.00 

City   Hospital 90,000.00 

Workhouse    18,000.00 

Assessor's  Department 15,000.00 

Auditor's  Department   1,500.00 

Board  of  Public  Safety .  4,000.00 

Board  of  Public  Works 6,000.00 

Cemeteries    1,000.00 

Cisterns    1,000.00 

City  Buyer's  Department 2,500.00 

City  Hall  Expenses 22,000.00 

City  Pounds 1,500.00 

Comptroller's  Department 2,500.00 

Engineer's  Department 18,000.00 

Gas  Inspector 2,500.00 

Incidental  Expenses 41,300.00 

Inspector  of  Buildings  Department 9,000.00 


TAXES. 647 

Insurance   1,000.00 

Law  Department 10,000.00 

Legislative  Department 2,200.00 

Live  Stock  Inspector   1,000.00 

Mayor's  Department 3,800.00 

Police  Court 9,000.00 

Printing  and  Stationery   10,000.00 

Public  Baths   3,000.00 

Public  Lights , 66,000.00 

Pumps  and  Wells   1,000.00 

Receiver  of  Taxes 6,500.00 

Sanitary  Expenses   30,000.00 

Secret  Service   2,500.00 

Treasurer's  Department 2,500.00 

Weights  and  Measures  Department   1,500.00 

Comfort  Station   '. 1,200.00 

Municipal  Coal  Yard 30,000.00 

Oiling  Streets .  15,000.00 

Total    $1,400,000.00 

§  2.  That  the  City  Treasurer  be  and  he  is  hereby  directed  to 
set  apart  the  full  sums  of  the  appropriation  made  in  the  preced- 
ing section  for  Insurance  and  Secret  Service,  out  of  the  revenue 
and  funds  from  which  said  appropriation  is  made. 

§  3.  This  ordinance  shall  take  effect  from  its  passage.  (Ap- 
proved September  10,  1919.) 


(12)  TAXES. 
Appropriations  for  Fiscal  Year  Ending  August  31,  1919. 

AN  ORDINANCE  making  partial  appropriation^  for  the  fiscal 
year  ending  August  31,  1919,  viz:  For  the  months  of  Sep- 
tember, October,  November  and  December,  1918,  and  Janu- 
ary, 1919. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  there  are  hereby  appropriated  out  of  the  revenue 
and  sums  borrowed,  or  to  be  borrowed,  for  the  fiscal  year  end- 
ing August  31,  1919,  the  following  sums  for  the  first  five  months 


648  TAXES. 


of  the  said  fiscal  year,  viz:  September,  October,  November  and 
December,  1918,  and  January,  1919,  for  the  following  purposes, 
to-wit : 

Street   Cleaning    / $30,000.00 

Street  Repairs    30,000.00 

City  Workhouse   , 2,000.00 

Cisterns    1,000.00 

Total $63,000.00 

§  2.  This  ordinance  is  supplemental  to  an  ordinance  entitled 
"An  ordinance  making  partial  appropriations  for  the  fiscal  year 
ending  August  31,  1919,  viz:  For  the  months  of  September, 
October,  November  and  December,  1918,  and  January,  1919," 
approved  September  11,  1918,  and  all  appropriation  ordinances 
passed  by  the  General  Council  of  the  city  of  Louisville  since  Sep- 
tember 11,  1918,  up  to  the  date  of  this  ordinance. 

§  3.  This  ordinance  shall  take  effect  from  its  passage.  (Ap- 
proved Decemher  12,  1918.) 


(13)  TAXES. 

Appropriations  for  Fiscal  Yeai  Ending  August  31,  1919. 

AN  ORDINANCE  making  partial  appropriations  for  the  fiscal 
year  ending  August  31,  1920,  namely,  for  the  months  of  Sep- 
tember, October,  November  and  December,  1919,  and  Janu- 
ary, 1920. 

Be  it  ordained  hy  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  there  are  hereby  appropriated  out  of  the  revenue 
and  sums  borrowed,  or  to  be  borrowed,  for  the  fiscal  year  end- 
ing August  31,  1920,  the  following  sums  for  the  first  five  months 
of  said  fiscal  year,  viz:  September,  October,  November  and  De- 
cember, 1919,  and  January,  1920,  for  the  following  purposes, 
to-wit : 

For  the  Police  Department $30,000.00 

For  Sewer  Repairs 10,000.00 

Total   ". $40,000.00 


TAXES.  649 


§  2.  This  ordinance  is  supplemental  to  Ordinance  No.  244, 
Series  1919,  approved  September  10,  1919,  but  is  not  in  conflict 
with  said  ordinance. 

§  3.  This  ordinance  shall  take  effect  from  its  passage.  {Ap- 
proved December  1,  1919.) 


(14)  TAXES. 

Appropriation  for  Purchase  of  Coal  Yard. 

AN  ORDINANCE  making  an  appropriation  for  the  purchase  of 
a  tract  of  land  on  Logan  street  from  the  Louisville  &  Nash- 
ville Railroad  Company  for  the  pyrpose  of  a  municipal  coal 
yard. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     There  is  hereby  appropriated  out  of  the  fund  for  "Gen-* 
eral- Purposes"  for  the  fiscal  year  ending  August  31,  1919,  the 
sum  of  seven  thousand  ($7,000)   dollars  to  be  used  for  the  pur- 
chase of  a  tract  of  land  on  Logan  street  from  the  Louisville  & 
Nashville  Railroad  Company  for  the  purpose  of  a  municipal  coal 
yard. 

§  2.     This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  September  11,  1918.) 


(15)  TAXES. 

Appropriation  for  Municipal  Railroad  Switch. 

AN  ORDINANCE  making  an  appropriation  for  the  laying  of  a 
municipal  railroad  switch  and  trestle  in  connection  with  a 
municipal  coal  yard  in  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  There  is  hereby  appropriated  out  of  the  fund  for  "Gen- 
eral Purposes"  for  the  fiscal  year  ending  August  31,  1919,  the 
sum  of  seven  thousand  four  hundred  and  twelve  ($7,412.00) 
dollars  to  be  used  in  the  construction  and  laying  of  a  municipal 
railroad  switch  and  trestle  in  connection  with  a  municipal  coal 
yard  on  the  east  side  of  Logan  street  in  the  city  of  Louisville. 

§  2.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  September  11,  1918.) 


650 TAXES. 

(16)  TAXES. 

Appropriation  for  University  of  Louisville. 

AN  ORDINANCE  making  partial  appropriation  for  the  fiscal 
year  ending  August  31,  1919,  viz:  For  the  months  of  Sep- 
tember, October,  November  and  December,  1918,  and  Janu- 
ary, 1919. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville : 

§  1.  That  the  sum  of  thirty  thousand  ($30,000.00)  dollars  is 
hereby  appropriated  for  the  use  of  the  University  of  Louisville 
out  of  the  revenue  and  sums  borrowed  or  to  be  borrowed  for  the 
fiscal  year  ending  August  31,  1919,  for  the  first  five  months  of 
said  fiscal  year,  viz :  September,  October,  November  and  Decem- 
ber, 1918,  and  January,  1919. 

§  2.  The  sums  to  which  said  University  of  Louisville  shall 
'be  entitled  under  any  levy  or  appropriation  made  for  said  fiscal 
year  ending  August  31,  1919,  shall  be  charged  with  the  sum 
herein  appropriated,  this  appropriation  being  made  to  enable 
the  University  of  Louisville  to  secure  the  equipment  necessary 
to  comply  with  the  regulations  of  the  War  Department  relative 
to  the  training  of  students  subject  to  the  selective  draft. 

§  3.  This  ordinance  is  supplemental  to  an  ordinance  entitled 
"An  ordinance  making  partial  appropriations  for  the  fiscal  year 
ending  August  31,  1919,  viz:  For  the  months  of  September, 
October,  November  and  December,  1918,  and  January,  1919," 
approved  September  11,  1918. 

§  4.  This  ordinance  shall  take  effect  from  its  passage.  (Ap- 
proved October  24,  1918.) 


(17)  TAXES. 

Appropriation  for  Extra  Cost  on  Account  of   Spanish  Influenza. 

AN  ORDINANCE  making  an  appropriation  to  meet  the  extra 
expense  to  the  city  of  Louisville  occasioned  by  the  epidemic 
of  Spanish  influenza. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     There  is  hereby  appropriated  out  of  the  funds  for  Gen- 
eral Purposes  for  the  fiscal  year  ending  August  31,  1919,  a  sum 
not  exceeding  $5,000,  to  be  expended  by  the  Health  Department 


TAXES.  651 


to  such  an  extent  as  may  be  necessary  to  meet  the  extra  cost 
and  expense  to  said  Health  Department  occasioned  by  the  epi- 
demic of  Spanish  influenza. 

§  2.     This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  October  24,  1918.) 


(18)   TAXES. 

Appropriation  for  Babies'  Milk  Fund. 

AN   ORDINANCE   for  the  benefit  of  the  Babies'   Milk   Fund 
Association  of  Louisville  and  making  an  appropriation  for 
same. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  there  is  hereby  appropriated  out  of  the  fund  for 
"General  Purposes"  for  the  fiscal  year  ending  August  31,  1919, 
the  sum  of  two  thousand  ($2,000.00)  dollars  for  the  purposes  of 
the  Babies'  Milk  Fund  Association  of  Louisville,  and  the  Comp- 
troller is  hereby  authorized  and  directed  to  draw  a  voucher  in 
favor  of  Leonard  A.  Hewitt,  Treasurer  of  said  Association,  and 
charge  said  sum  of  two  thousand  ($2,000.00)  dollars  to  the  ac- 
count of  "Incidental  Expense." 

§  2.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  April  24,  1919.) 


(19)  TAXES. 

Appropriation  for  Public  Wharf. 

AN  ORDINANCE  making  appropriation  for  improvement  of 
public  wharf. 

Whereas,  the  net  revenue  for  public  wharf  for  the  fiscal  year 
1919,  amounting  to  ten  thousand  two  hundred  and  sixty-three 
dollars  and  seventy-six  cents  ($10,263.76),  has  been  placed  by 
the  City  Treasurer  to  the  credit  of  General  Purpose  Fund  for 
1919,  as  required  by  Section  2860,  Subsection  3,  of  an  act  for 
the  government  of  the  cities  of  the  first  class,  and 

Whereas,  the  public  wharf  is  in  need  of  improvement  and  a 


652 TAXES. 

contract  has  been  approved  for  improving  a  portion  thereof, 

therefore 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  sum  of  ten  thousand  two  hundred  and  sixty- 
three  dollars  and  seventy-six  cents  ($10,263.76)  be,  and  the  same 
is  hereby  appropriated  from  the  "General  Purpose"  Fund  for 
improving  the  public  wharf. 

§  2,  This  ordinance  shall  take  effect  on  and  after  its  pas- 
sage.    (Approved  October  23,  1919.) 


,^  (20)  TAXES. 

j^  i  Levy  for  Year  1919. 

AN  ORDINANCE  concerning  the  taxes  for  the  fiscal  year  end- 
ing August  31,  1919. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  The  following  ad  valorem  taxes  are  hereby  levied  for 
the  fiscal  year  ending  August  31,  1919,  on  all  lands,  improve- 
ments, and  personal  property,  tangible  and  intangible,  in  the 
city  of  Louisville,  held  or  owned  by  every  person,  firm,  com- 
pany, association,  and  corporation,  in  his,  her,  their,  or  its  own' 
right,  or  as  fiduciary,  guardian  or  agent,  subject  to  municipal 
taxation,  under  the  laws  of  the  State  of  Kentucky,  and  under 
the  "Act  for  the  Government  of  Cities  of  the  First  Class,"  ap- 
proved July  1,  1893,  and  the  amendments  thereto,  including  all 
property  and  franchises  heretofore  or  hereafter  assessed  by  the 
City  Assessor,  State  Railroad  Commission,  State  Board  of  Valu- 
ation and  Assessment,  and  the  State  Tax  Commission,  for  tax- 
ation by  the  city  of  Louisville,  in  and  for  said  fiscal  year,  as  pro- 
vided by  law,  and  in  each  case  on  each  one  hundred  ($100.00) 
dollars  of  assessed  value,  but  not  to  include  any  property  ex- 
empt by  law  from  such  taxation,  to-wit: 

For  Schools— Thirty-eight  cents , $0.38 

For  Sinking  Fund — One  cent 01 

For  House  of  Reform — Three  and  three-quarter  cents .  .      .03% 

For  Parks — Eight  cents   , 08 

For  Library — Three  and  one-quarter  cents 0314 


__^_ TAXES. 653 

Eor  Firemen's  Pension   Fund — Three-quarters   of  one 

cent 003^ 

For  Policemen's  Pension  Fund — One  cent 01 

For  Board  of  Children's  Guardians — Three-quarters  of 

one  cent 00% 

For  Board   of   Tuberculosis   Hospital — Three   and   one- 
quarter  cents 0314 

For  University  of  Louisville — Three  cents 03 

For    Police    Department — Twenty-three    and    one-half 

cents    231/2 

For  Fire  Department — Twenty-one  and  one-half  cents.  .      .21 V2 
For    Street    and    Sewer    Cleaning — Thirteen    and    one- 
quarter  cents 131/4 

For  Reconstruction  of  Streets — Seven  and  one-quarter 

cents    0714. 

For  Repairing  Streets — Six  and  three-quarter  cents 06% 

For  Sewer   Construction   and   Repairs — Nine   and   one- 
quarter   cents    0914 

For    Charitable    Institutions — Twelve    and    one-quarter 

cents    121/4 

For  General  Purposes — Twenty-five  cents 25 

For  Oiling  Streets — One-half  of  one  cent OOI/2 

Total $1.82 

§  2.  The  levy  of  one  cent  (Ic)  on  each  one  hundred  ($100.00) 
dollars,  for  Sinking  Fund  Purposes,  in  Section  1  of  this  ordi- 
nance, includes  the  following  levies  for  the  payment  of  interest 
and  principal  of  the  bonds  of  the  city  of  Louisville,  issued  under 
ordinances,  and  dated  as  follows,  to-wit: 

Four  thousand  and  thirty-six  ten-thousandths  of  one  mill 
(.0004036)  for  the  bonds  dated  July  1,  1897,  issued  under  ordi- 
nance approved  June  25,  1897. 

Forty-one  hundred  and  fifty-six  ten-thousandths  of  one  mill 
(.0004156)  for  the  bonds  dated  May  1,  1900,  issued  under  the 
ordinance  approved  March  21,  1900. 

Nine  hundred  and  eighteen  ten-thousandths  of  one  mill 
(.0000918)  for  the  bonds  dated  April  1,  1901,  issued  under  the 
ordinance  approved  February  2,  1901. 


654  TAXES. 

Twenty-nine  hundred  and  twenty-nine  ten-thousandths  of  one 
mill  (.0002929)  for  the  bonds  dated  June  1,  1901,  issued  under 
the  ordinance  approved  February  2,  1901. 

Eleven  hundred  and  sixty  ten-thousandths  of  one  mill 
(.0001160)  for  the  bonds  dated  July  1,  1901,  issued  under  the 
ordinance  approved  February  2,  1901. 

Eighty-one  hundred  and  fifty-two  ten-thousandths  of  one  mill 
(.0008152)  for  the  bonds  dated  January  1,  1903,  issued  under 
the  ordinance  approved  August  8,  1902. 

Eighteen  hundred  and  thirty-four  ten-thousandths  of  one 
mill  (.0001834)  for  the  bonds  dated  April  1,  1903,  issued  under 
the  ordinance  approved  March  6,  1903. 

Sixty-eight  hundred  and  eight  ten-thousandths  of  one  mill 
(.0006808)  for  the  bonds  dated  July  1,  1903,  issued  under  the 
ordinance  approved  March  6,  1903. 

Thirty-nine  hundred  and  thirty-two  ten-thousandths  of  one 
mill  (.0003932)  for  the  bonds  dated  September  15,  1910,  issued 
under  the  ordinance  approved  May  10,  1910. 

Eighty-two  hundred  and  eighty-eight  ten-thousandths  of  one 
mill  (.0008288)  for  the  bonds  dated  August  1,  1911,  issued  under 
the  ordinance  approved  June  5,  1911. 

Eighteen  hundred  and  forty-five  ten-thousandths  of  one  mill 
(.0001845)  for  the  Sewer  and  Park  bonds  dated  January  1,  1901, 
issued  under  the  ordinance  approved  October  17,  1900. 

Three  mills  and  forty-four  hundred  and  forty-five  ten-thou- 
sandths of  one  mill  (.0034445)  for  the  Sewer  bonds  dated  Feb- 
ruary 1,  1907,  issued  under  the  ordinance  approved  October  2, 
1906. 

One  mill  and  nine  hundred  and  eighty-six  ten-thousandths  of 
one  mill  (.0010986)  for  the  Hospital  bonds  dated  March  1,  1911, 
issued  under  the  ordinance  approved  October  8,  1910. 

One  mill  and  five  hundred  and  eleven  ten-thousands  of  one 
mill  (.0010511)  for  the  School  Improvement  bonds,  dated  April 
1,  1914,  issued  under  the  ordinance  approved  August  8,  1913. 

§  3.  The  tax  bills  shall  be  made  out  by  the  City  Assessor  on 
blanks  having  on  them  in  print,  both  in  detail  and  in  totals,  the 
rates  of  ad  valorem  taxes  as  provided  in  the  first  section  of  this 
ordinance,  and  in  casting  up  amounts,  the  sum  chargeable  on 
land,  improvements,  and  personalty,  shall  be  separately  stated. 


TAXES. 655 

§  4.  The  Tax  Receiver  shall  keep  his  sheets  and  books  for 
said  fiscal  year  so  as  to  show  separately  the  money  received 
under  the  heads  named  in  the  preceding  section,  and  when  he 
reports  his  collections,  he  shall  by  calculation,  ascertain  the  sum 
belonging  to  each  fund,  and  purpose,  named  in  the  first  section 
of  this  ordinance,  and  in  doing  so  he  shall  separate  the  amounts 
of  taxes  collected  under  the  levies  as  stated  in  Section  2  of  this 
ordinance,  to  pay  principal  and  interest  on  the  bonds  issued  at 
the  dates  mentioned  in  said  section,  from  the  remainder  of  the 
taxes  collected  from  Sinking  Flmd  Purposes,  as  provided  for  in 
Section  1  of  this  ordinance,  he  shall  also  in  the  books  and  sheets 
keep  a  column  for  the  discount  and  interest,  and  one  for  penal- 
ties and  costs. 

§  5.  The  authentication  of  the  tax  bills,  as  required  by  law, 
shall  be  made  thereon  in  red  ink  over  the  signature  of  the  City 
Assessor,  or  a  stamped  fac-simile  thereof,  and  in  the  following 
form :  "Original  tax  bill  for  the  fiscal  year  ending  August  31, 
1919.    — ,  City  Assessor." 

§  6.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  December  31,  1918.) 


(21)  TAXES. 

Assessment  for  Year  Ending  August  31,  1919. 

AN  ORDINANCE  providing  for  the  assessment  of  property  in 
the  city  of  Louisville  for  municipal  taxes  for  the  fiscal  year 
ending  August  31,  1919. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That,  beginning  with  the  first  day  of  September,  nine- 
teen hundred  and  eighteen  (1918),  and  on  the  same  date  every 
year  hereafter,  the  City  Assessor  shall  take  the  list  of  taxable 
property  in  the  city  of  Louisville,  held  or  owned  by  every  person, 
firm  or  corporation  in  his,  her,  their  or  its  own  right,  or  as 
fiduciary,  guardian  or  agent,  subject  to  taxation  for  city  pur- 
poses and  liable  to  assessment  by  the  City  Assessor  under  the 
laws  of  the  State  of  Kentucky,  and  "An  Act  for  the  government 
of  cities  of  the  first  class,"  approved  July  1,  1893,  and  the  amend- 


656 


TAXES. 


ments  thereto,  except  as  provided  in  Section  3  of  this  ordinance, 
upon  blanks  in  the  following  form  substantially  to-wit: 

CITY  OF  LOUISVILLE. 

statement  and  Return  of  all  Lands  and  Improvements  and  all 
Personal  Property  subject  to  taxation  in  the  city  of  Louisville, 

held  or  owned  by ■ 

Business ; Street 

Residence Street       Occupation 

either  in  HIS  OWN  right  or  as  fiduciary,  guardian  or  agent,  on 
the  first  day  of  September,  1918,  for  the  raising  of  revenue  for 
the  year  immediately  succeeding  that  date. 


DESCRIPTION 

OF  LAND  AND  IMPROVEMENTS. 

No.  of 
Front 
Feet 

Depth  of 
Lot 

Vacant 

Improved 

Improvement  Owned  by 
Tenant 

Location  of  Property 

VALUE  OF  PERSONALTY.     , 

Value  of  household  and  kitchen  furniture $ , 

Value  of  gold  and  silverware 

Value  of  clocks,  watches  and  chains 

Value  of  diamonds,  pearls  and  other  jewelry 

Value  of  paintings  and  statuary 

Value  of  libraries 

Value  of  pianos  and  other  musical  instruments 

Number  of  automobiles ;  value  thereof 

Number  of  other  vehicles ;  value  thereof 

Number  of  horses ,  mules ,  cattle ;  value 

thereof    

Value  of  oflfice,  store,  barber  shop  and  saloon  fixtures 

and  furniture > 

Number  of  billiard  and  pool  tables ;  value  thereof 

Value  of  cash  registers,  cash  carriers  and  safes 

Value  of  merchandise 

Value  of  manufactured  articles 


TAXES.  657 


Value  of  products,  except  products  in  course  of  manu- 
facture of  persons,  firms,  or  corporations  actually 
engaged  in  manufacturing 

Value  of  raw  material,  except  raw  material  of  persons, 
firms,  or  corporations  actually  engaged  in  manu- 
facturing actually  on  hand  at  their  plants  for  the 
purpose  of  manufacture 

Value  of  machinery  of  all  kinds,  except  machinery  of 
persons,  firms,  or  corporations  actually  engaged  in 
manufacturing , 

Value  of  farm  implements  and  farm  machinery,  except 
that  owned  by  a  person  actually  engaged  in  farm- 
ing and  used  in  his  farm  operations 

Value  of  steam  engines,  boilers  and  electric  motors,  ex- 
cept those  of  persons,  firms,  or  corporations 
actually  engaged  in  manufacturing 

Value  of  brick,  stone  and  other  building  materials. . .  . 

Value  of  steam  boats,  sail  boats,  motor  boats  and  other 
water  craft 

Value  of  property  held  on  pledge  or  pawn 

Value  of  poles,  wires,  conduits,  posts,  lamps,  water  and 
gas  mains  and  pipes 

Number  of  street  cars ;  value  thereof 

Numoer  of  miles  of  street  car  tracks ;  value  per 

mile,    $ 

Value  of  railroad  switches  and  sidings  (not  owned  by 
railroad  companies) 

Miscellany — All  property  not  mentioned  above,  subject 
by  law  to  an  ad  valorem  tax  for  city  purposes .... 


Assessable  amount  of  personalty, 


Total  value  of  personalty $ 

Less  household  goods  and  other  personal  property  of 

persons  with  a  family .         $250 


State  of  Kentucky, 

Jefferson  County. 

I  do  solemnly  swear  that  the  above  is  a  true  list  of  all  taxable 
property,  real  or  personal,  owned  or  held  by  me  in  my  own  right, 


658 TAXES. 

or  as  fiduciary,  guardian  or  agent,  together  with  the  value  of  all 
the  personalty  on  the  first  day  of  September,  1918. 

Signature   

Subscribed  and  sworn  to  before  me  this day 

of ,  1918. 

By    

Deputy  Assessor. 

§  2.  That  there  shall  be  printed  on  the  back  of  each  of  said 
blanks  the  following  words: 

"Kentucky  Statute  2988:  (Owners  and  Fiduciaries  to  Return 
Lists — Proceedings  in  Case  of  Failure.  Every  person  owning 
or  holding  taxable  property,  in  his  own  right,  or  as  a  fiduciary, 
guardian  or  agent,  shall  return  to  the  assessor,  or  his  assistant, 
a  true  list  of  such  property,  real  and  personal,  upon  blanks 
therefor  prepared  by  the  assessor,  in  the  form  prescribed  by 
ordinance,  together  with  the  value  of  all  personalty,  and  make 
oath  before  said  assessor  or  one  of  his  assistants.  Should  the 
assessor  conclude  that  in  any  list  so  fiJed  the  taxpayer  has  either 
omitted  to  list  any  of  his  property  subject  to  taxation,  or  has 
valued  any  property  so  listed  too  low,  the  assessor  may  assess 
the  property  so  omitted,  or  raise  the  valuation  of  the  property 
which  he  considers  to  be  assessed  too  low,  and  shall  thereupon 
send  notice  through  the  mail  to  the  owner  or  holder  either  that 
he  has  assessed  the  property  omitted,  or  raised  the  valuation  of 
the  property  assessed  too  low,  as  the  case  may  be. 

"Any  person  thus  notified  may,  within  fifteen  days  after  the 
mailing  of  a  notice  to  him,  file  in  the  assessor's  office  a  com- 
plaint either  that  the  property,  which  the  assessor  has  thus 
assessed,  is  not  subject  to  assessment,  or  that  the  valuation 
which  the  assessor  has  thus  put  upon  his  property  is  too  high, 
as  the  case  may  be.  If  any  person  files  such  a  complaint  within 
said  time  the  assessment  shall  not  become  binding,  nor  shall 
any  bill  be  issued  thereon  until  it  is  passed  upon  by  the  Board 
of  Equalization,  as  other  such  matters  are  passed  upon  by  said 
board. 

"In  case  of  the  failure  of  any  one  to  return  a  list  of  his  prop- 
erty as  hereinabove,  true  in  quantity  and  value,  under  oath, 


TAXES. 659 

said  assessor  may,  according  to  the  best  information  he  can  ob- 
tain, assess  the  lands,  improvements  and  personal  property. 

"The  city  court  shall,  at  the  instance  of  the  assessor,  by  rule 
or  process  of  contempt,  enforce  upon  delinquents  the  return, 
under  oath,  of  the  list  above  required." 

§  3.  That  the  City  Assessor  shall,  as  of  September  1,  1918, 
value  and  assess  for  city  taxes  for  the  fiscal  year  ending  August 
31,  1919,  the  shares  of  stock  of  each  State  and  national  bank, 
trust  company,  guarantee  or  security  company,  and  domestic 
life  insurance  companies,  and  the  franchise  of  every  incorpor- 
ated gas,  water,  ferry,  bridge,  street  railway,  express,  electric 
light,  electric  power,  telegraph,  press  dispatch,  telephone,  turn- 
pike, palace  car,  dining  car,  sleeping  car  and  chair  car  company, 
and  every  other  like  company,  corporation  or  association  located 
or  doing  business  in  the  city  of  Louisville,  and  having  or  exer- 
cising any  special  or  exclusive  privilege  or  franchise  not  allow- 
ed by  law  to  natural  persons,  or  performing  any  public  service 
in  the  city  of  Louisville,  as  provided  for  by  law,  which  assess- 
ments shall  be  made  and  notice  thereof  given  by  the  City  Asses- 
sor to  each  corporation,  company  and  association  whose  shares 
of  stock  or  franchise  shall  have  been  assessed  by  him  in  the 
manner  provided  by  law,  and  after  said  shares  of  stock  or 
franchise  assessments  shall  have  been  reported  by  the  City 
Assessor  to,  and  finally  passed  on  by,  the  Board  of  Equalization, 
they  shall,  together  with  all  verified  statements  of  corporations, 
companies  and  associations,  made  on  the  forms  which  shall  be 
prepared  by  the  City  Assessor,  under  the  provisions  of  the 
statutes,  and  returned  to  him,  be  kept  on  file  and  preserved  by 
the  City  Assessor  as  part  of  the  records  of  his  office. 

§  4.     All  ordinances  in  conflict  herewith  are  hereby  repealed. 

§  5.  That  this  ordinance  shall  take  effect  from  and  after  its 
passage.     {Approved  August  29,  1918.) 


660 


TAXES. 


(22)  TAXES. 

Assessment  for  Year  Ending  August  31,  1920. 

AN  ORDINANCE  providing  for  the  assessment  of  property  in 
the  city  of  Louisville  for  municipal  taxes  for  the  fiscal  year 
ending  August  31,  1920. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That,  beginning  with  the  first  day  of  September,  nine- 
teen hundred  and  nineteen  (1919),  and  on  the  same  date  every 
year  hereafter,  the  City  Assessor  shall  take  the  list  of  taxable 
property  in  the  city  of  Louisville,  held  or  owned  by  every  person, 
firm  or  corporation  in  his,  her,  their  or  its  own  right,  or  as 
fiduciary,  guardian  or  agent,  subject  to  taxation  for  city  pur- 
poses and  liable  to  assessment  by  the  City  Assessor  under  the 
laws  of  the  State  of  Kentucky,  and  "An  Act  for  the  government 
of  cities  of  the  first  class,"  approved  July  1,  1893,  and  the  amend- 
ments thereto,  except  as  provided  in  Section  3  of  this  ordinance, 
upon  blanks  in  the  following  form  substantially  to-wit: 

CITY   OF  LOUISVILLE. 

Statement  and  Return  of  all  Lands  and  Improvements  and  all 
Personal  Property  subject  to  taxation  in  the  city  of  Louisville, 

held   or  owned  by 

Business Street 

Residence Street       Occupation 

either  in  HIS  OWN  right  or  as  fiduciary,  guardian  or  agent,  on 
the  first  day  of  September,  1919,  for  the  raising  of  revenue  for 
the  year  immediately  succeeding  that  date. 


DESCRIPTION 

OF  LAND  AND  IMPROVEMENTS. 

No.  of 
Front 
Feet 

Depth  of 
Lot 

Vacant 

Improved 

Improvement  Owned  by 
Tenant 

Location  of  Property 



TAXES.  661 


VALUE  OF  PERSONALTY. 

Value  of  household  and  kitchen  furniture $. 

Value  of  gold  and  silverware . 

Value  of  clocks,  watches  and  chains 

Value  of  diamonds,  pearls  and  other  jewelry 

Value  of  paintings  and  statuary 

Value  of  libraries 

Value  of  pianos  and  other  musical  instruments. 

Number  of  automobiles ;  value  thereof 

Number  of  other  vehicles ;  value  thereof 

Number  of  horses .  . .  .  ;  mules .  . .  .  ;  cattle .  . .  .  ;  value 
thereof 

Value  of  office,  store,  barber  shop  and  saloon  fixtures 
and  furniture 

Number  of  bilhard  and  pool  tables ;  value  thereof     . 

Value  of  cash  registers,  cash  carriers  and  safes 

Value  of  merchandise. 

Value  of  manufactured  articles 

Value  of  products,  except  products  in  course  of  manu- 
facture of  persons,  firms,  or  corporations  actually 
engaged  in  manufacturing 

Value  of  raw  material,  except  raw  material  of  persons, 
firms,  or  corporations  actually  engaged  in  manu- 
facturing actually  on  hand  at  their  plants  for  the 
purpose  of  manufacture 

Value  of  machinery  of  all  kinds,  except  machinery  of 
persons,  firms,  or  corporations  actually  engaged  in 
manufacturing     

Value  of  farm  implements  and  farm  machinery,  except 
that  owned  by  a  person  actually  engaged  in  farm- 
ing and  used  in  his  farm  operations 

Value  of  steam  engines,  boilers  and  electric  motors,  ex- 
cept those  of  persons,  firms,  or  corporations 
actually  engaged  in  manufacturing 

Value  of  brick,  stone  and  other  building  materials 

Value  of  steam  boats,  sail  boats,  motor  boats  and  other 
water  craft 

Value  of  property  held  on  pledge  or  pawn 

Value  of  poles,  wires,  conduits,  posts,  lamps,  water  and 
gas  mains  and  pipes. 


662  TAXES. 

Number  of  street  cars ;  value  thereof 

Number  of  miles  of  street  car  tracks ;  value  per 

mile,   $ , 

Value  of  railroad  switches  and  sidings   (not  owned  by 

railroad  companies) 

Miscellany — All  property  not  mentioned  above,  subject 

by  law  to  an  ad  valorem  tax  for  city  purposes .... 


Total  value  of  personalty $ 

Less  household  goods  and  other  personal  property  of 

persons  with  a  family $250 


Assessable  amount  of  personalty. 


State  of  Kentucky, 

Jefferson  County. 

I  do  solemnly  swear  that  the  above  is  a  true  list  of  all  taxable 
property,  real  or  personal,  owned  or  held  by  me  in  my  own  right, 
or  as  fiduciary,  guardian  or  agent,  together  with  the  value  of  all 
the  personalty  on  the  first  day  of  September,  1919. 

Signature   ! 

Subscribed  and  sworn  to  before  me  this day 

of , ,  1919. 

By   

Deputy  Assessor. 

§  2.  That  there  shall  be  printed  on  the  back  of  each  of  said 
blanks  the  following  words: 

"Kentucky  Statute  2988:  (Owners  and  Fiduciaries  to  Return 
Lists — Proceedings  in  Case  of  Failure).  Every  person  owning 
or  holding  taxable  property  in  his  own  right,  or  as  a  fiduciary, 
guardian  or  agent,  shall  return  to  the  assessor,  or  his  assistant, 
a  true  list  of  such  property,  real  and  personal,  upon  blanks 
therefor  prepared  by  the  assessor,  in  the  form  prescribed  by 
ordinance,  together  with  the  value  of  all  personalty,  and  make 
oath  before  said  assessor  or  one  of  his  assistants.  Should  the 
assessor  conclude  that  in  any  list  so  filed  the  taxpayer  has  either 
omitted  to  list  any  of  his  property  subject  to  taxation,  or  has 
valued  any  property  so  listed  too  low,  the  assessor  may  assess 


TAXES. 663 

the  property  so  omitted,  or  raise  the  valuation  of  the  property 
which  he  considers  to  be  assessed  too  low,  and  shall  thereupon 
send  notice  through  the  mail  to  the  owner  or  holder  either  that 
he  has  assessed  the  property  omitted,  or  raised  the  valuation  of 
the  property  assessed  too  low,  as  the  case  may  be. 

''Any  person  thus  notified  may,  within  fifteen  days  after  the 
mailing  of  a  notice  to  him,  file  in  the  assessor's  office  a  com- 
plaint either  that  the  property,  which  the  assessor  has  thus 
assessed,  is  not  subject  to  assessment,  or  that  the  valuation 
which  the  assessor  has  thus  put  upon  his  property  is  too  high, 
as  the  case  may  be.  If  any  person  files  such  a  complaint  within 
said  time  the  assessment  shall  not  become  binding,  nor  shall  any 
bill  be  issued  thereon  until  it  be  passed  upon  by  the  Board  of 
Equalization,  as  other  such  matters  are  passed  upon  by  said 
board. 

"In  case  of  the  failure  of  any  one  to  return  a  list  of  his  prop- 
erty, as  hereinabove,  true  in  quantity  and  value,  under  oath, 
said  assessor  may,  according  to  the  best  information  he  can  ob- 
tain, assess  the  lands,  improvements  and  personal  property. 

"The  city  court  shall,  at  the  instance  of  the  assessor,  by  rule 
or  process  of  contempt,  enforce  upon  delinquents  the  return, 
under  oath,  of  the  list  above  required." 

§  3.  That  the  City  Assessor  shall,  as  of  September  1,  1919, 
v^alue  and  assess  for  citj^  taxes  for  the  fiscal  year  ending  August 
31,  1920,  the  shares  of  stock  of  each  State  and  national  bank, 
trust  company,  guarantee  or  security  company,  and  domestic 
life  insurance  companies,  and  the  franchise  of  every  incorpor- 
ated gas,  water,  ferry,  bridge,  street  railway,  express,  electric 
light,  electric  power,  telegraph,  press  dispatch,  telephone,  turn- 
pike, palace  car,  dining  car,  sleeping  car  and  chair  car  com- 
pany, and  every  other  like  company,  corporation  or  association 
located  or  doing  business  in  the  city  of  Louisville,  and  having 
or  exercising  any  special  or  exclusive  privilege  or  franchise  not 
allowed  by  law  to  natural  persons,  or  performing  any  public 
service  in  the  city  of  Louisville,  as  provided  for  by  law,  which 
assessments  shall  be  made  and  notice  thereof  given  by  the  City 
Assessor  to  each  corporation,  company  and  association  whose 
shares  of  stock  or  franchises  shall  have  been  assessed  by  him 
in  the  manner  provided  by  law,  and  after  said  shares  of  stock 
or  franchise  assessments  shall  have  been  reported  by  the  City 


664  TAXES. 

Assessor  to,  and  finally  passed  on  by,  the  Board  of  Equalization, 
they  shall,  together  with  all  verified  statements  of  corporations, 
companies  and  associations  made  on  the  forms  which  shall  be 
prepared  by  the  City  Assessor,  under  the  provisions  of  the 
statutes,  and  returned  to  him,  be  kept  on  file  and  preserved  by 
the  City  Assessor  as  part  of  the  records  of  his  office. 

§  4.     All  ordinances  in  conflict  herewith  are  hereby  repealed. 
§  5.     That  this  ordinance  shall  take  effect  from  and  after  its 
passage.     (Approved  July  16,  1919.) 


(23)  TAXES.* 

Tax  Bills — Publication. 

AN  ORDINANCE  providing  for  the  publication  of  the  list  of 
delinquent  taxpayers. 

Whereas,  Section  3005  of  the  Kentucky  Statutes  in  regard 
to  cities  of  the  first  class  requires  that  on  the  first  day  of  May 
of  the  second  year  after  the  assessment  of  city  taxes,  the  Receiver 
shall  make  out  a  list  of  the  bills  still  wholly  or  partly  unpaid, 
and  furnish  the  list  to  the  City  Attorney,  whose  duty  it  shall  be  to 
bring  suit  thereon ;  and. 

Whereas,  It  is  desirable  that  every  taxpayer  shall  have  the 
opportunity  to  settle  without  incurring  any  court  costs,  there- 
fore. 
Be  it  ordained  btj  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  as  soon  as  practicable  after  said  delinquent  list 
has  been  furnished  to  the  City  Attorney,  as  required  by  said 
statute,  and  before  commencing  suit  thereon,  he  shall  have  pre- 
pared an  alphabetical  list  of  said  delinquent  taxpayers,  with  a 
brief  description  of  the  property  upon  which  the  tax  is  due,  and 
cause  the  same  to  be  published  in  the  newspaper  or  newspapers 
selected  by  the  General  Council  to  do  the  public  advertising  of 
the  city  of  Louisville,  said  publication  to  be  by  one  insertion  for 
each  of  two  days. 

§  2.  The  failure  to  make  the  publication  required  by  this 
ordinance,  or  the  failure  to  include  in  said  publication  the  name 


*The  act  of  1910,  amending  Sees.  2998-3005,  changes  the  method  of  col- 
lection of  delinquent  taxes,  and  renders  this  ordinance  unnecessary. 


TAXES. 665 

of  any  delinquent  taxpayer,  shall  not  in  any  way  affect  any  of 
the  rights  or  remedies  of  the  city  of  Louisville  for  the  collection 
of  its  bills  against  said  delinquents. 

§  3.  The  cost  of  such  publication  shall  be  paid,  as  other  pub- 
lic advertising,  upon  a  voucher  approved  by  the  City  Attorney 
and  attested  by  the  Comptroller. 

§  4.  This  ordinance  shall  take  effect  from  its  passage.  (Ap- 
proved May  8,  1908.) 


(24)  TAXES. 

City  Assessor  to  Give  Notice  of  Raised  Assessment. 

AN  ORDINANCE  requiring  the  City  Assessor  to  give  notice 
by  mail  to  the  owners  of  real  or  personal  property  whose 
assessments  have  been  raised. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  It  shall  be  the  duty  of  the  City  Assessor,  whenever  said 
Assessor  increases  the  assessment  of  any  real  or  personal  prop- 
erty in  the  city  of  Louisville,  to  send  to  the  owner  of  said  prop- 
erty, in  all  cases  where  said  owner  can  be  located,  a  written  or 
printed  notice  by  mail  that  said  assessment  has  been  increased. 
Said  notice  shall  be  mailed  in  ample  time  to  permit  said  property 
owner  to  appear  before  the  Board  of  Equalization  during  the 
time  fixed  by  law  for  the  meeting  of  said  board. 

§  2.  Nothing  in  this  ordinance  shall  be  construed  to  affect 
the  validity  of  an  assessment,  even  though  the  notice  above  re- 
quired shall  not  be  sent  by  said  Assessor. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  October  10,  1911.) 


(25)  TAXES. 

To  Regulate  Making  of  Credits  Upon  Erroneous  Tax  Bills. 

AN  ORDINANCE  to  regulate  the  making  of  credits  upon 
erroneous  tax  bills  in  the  hands  of  the  Receiver  of  the  City 
Taxes. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  the  City  Assessor,  in  making  any  change,  alter- 
ation or  credit  upon  any  tax  bill  in  the  hands  of  the  Receiver  of 


666  TAXES. 


Taxes,  shall  enter  such  alteration,  change  or  credit  in  a  record 
book  to  be  kept  by  him  for  that  purpose,  and  at  once  certify 
such  change,  alteration  or  credit  to  the  city  bookkeeper.  A  like 
entry  of  such  alteration,  change  or  credit  shall  be  entered  in  a 
record  book  to  be  kept  for  that  purpose  by  the  Receiver  of  City 
Taxes,  who  shall  at  once  certify  each  alteration,  change  or  credit 
to  the  city  bookkeeper,  who  shall  also  keep  a  record  of  all  such 
alterations,  changes  or  credits. 

§  2.  An  ordinance  entitled  "An  ordinance  to  regulate  the 
making  of  credits  upon  erroneous  tax  bills  in  the  hands  of  the 
Receiver  of  City  Taxes,  or  agent  for  the  collection  of  back  taxes," 
approved  May  17,  1883,  is  hereby  repealed.  (Approved  Septem- 
ber 16,  1895.) 


(26)  TAXES. 

Retrospective  Assessment  or  Omitted  Personal  Property. 

AN  ORDINANCE  providing  for  the  retrospective  assessment 

of  omitted  personal  property. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  when  it  shall  appear  that  any  personal  property 
or  other  property  liable  for  taxation  has  been  omitted  in  the  past 
or  shall  be  omitted  in  the  future  from  assessment,  it  may  be, 
when  the  omission  is  discovered,  assessed  retrospectively  for  the 
year  or  years  said  omission  took  place  in  the  same  manner  in 
which  real  property  and  improvements  which  have  been  omitted 
are  required  to  be  assessed. 

§  2.  This  ordinance  to  take  effect  from  and  after  publication. 
(Approved  July  9,  1895.) 


(27)  TAXES. 
Crediting  Ad  Valorem  Tax  Bills  by  Amount  of  License  Paid. 

AN  ORDINANCE  providing  for  crediting  ad  valorem  tax  bills 
on  personalty  by  the  amount  paid  to  the  Sinking  Fund  as 
license  on  same. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  in  collecting  ad  valorem  tax  bills  on  personalty 

for  any  year,  it  shall  be  the  duty  of  the  Tax  Receiver  of  the 


TAXES. 667 

city  of  Louisville  to  credit  such  tax  bill  by  the  amount  of  any 
license  paid  into  the  Sinking  Fund  of  the  city  of  Louisville  by 
the  taxpayer  on  the  personalty  represented  by  the  tax  bill, 

§  2.  In  giving  such  credits  when  the  license  has  been  paid 
for  a  period  beyond  the  fiscal  year  for  which  the  tax  bill  is 
made  out,  then  the  credit  shall  be  given  for  the  proportion  only 
of  said  license  as  within  the  fiscal  year  of  the  tax  bill,  and  the 
remainder,  if  any,  shall  be  credited  on  the  tax  bills  of  the  suc- 
ceeding j^ears  in  like  proportion  until  the  whole  amount  of  the 
license  is  credited. 

§  3.  In  order  to  facilitate  the  crediting  of  the  tax  bills  as 
herein  provided  for,  it  shall  be  the  duty  of  the  secretary  and 
treasurer  of  the  Sinking  Fund  of  the  city  of  Louisville,  upon  the 
demand  of  any  person  who  has  paid  a  license  on  personalty  in 
lieu  of  ad  valorem  taxes,  to  issue  to  such  person  duplicate  certifi- 
cates, showing  the  amount  of  license  paid,  by  whom,  and  for 
what  time,  one  of  which  said  certificates  shall  be  kept  on  file  by 
the  Tax  Receiver,  and  the  other  shall  be  by  the  Tax  Receiver 
filed  with  the  Comptroller  of  the  city  of  Louisville. 

§  4.  In  making  his  settlements  the  Tax  Receiver  shall  be 
allowed  the  credits  so  made  in  tax  bills,  for  money  paid  for 
license,  in  the  same  manner  and  to  the  same  effect  as  if  he  had 
collected  the  tax  bill  entirely  in  money, 

§  5.  When  a  license  was  paid  in  any  year  in  lieu  of  the 
ad  valorem  taxes,  the  Tax  Receiver  is  directed  to  receive  in  pay- 
ment the  face  of  the  tax  bill  for  that  year  without  interest. 

§6.  This  ordinance  shall  take  effect  from  and  after  its  pub- 
lication.    (Ajw^'oved  August  6,  1895.) 


(28)   TAXES. 

Collection  of,  From  Officers,  Employes,  and  Creditors 

of  the  City. 

AN  ORDINANCE  concerning  the  collection  of  taxes  from  offi- 
cers, employes,  and  creditors  of  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  hereafter  there  shall  be  deducted  and  withheld 
from  any  money  due  from  the  city  of  Louisville  to  any  officer, 
employe  or  cr^-iitor  the  amount  of  any  tax  due  from  such  officer. 


668  TAXES. 


employe  or  creditor  to  the  city.  If  the  amount  of  the  city's 
obligations  equal  the  tax  due  it,  there  shall  be  surrendered  to  the 
party  entitled  to  same  his  canceled  or  receipted  tax  bill;  if  the 
amount  due  from  the  city  exceeds  the  amount  of  tax  due  it,  a 
warrant  for  the  overplus  and  the  canceled  or  receipted  tax  bill 
shall  be  delivered  to  the  party  entitled  to  the  same ;  if  the  amount 
due  from  the  city  be  less  than  the  amount  of  the  tax  due  it,  the 
tax  bill  of  the  city's  creditor  shall  be  credited  by  the  amount  due 
him  from  the  city,  and  to  enable  the  Auditor  to  carry  the  same 
into  effect  it  shall  be  the  duty  of  the  Receiver  of  Taxes  for  the 
city  to  deliver  to  the  Auditor  on  the  first  day  of  May  of  each 
year  a  list  of  all  uncollected  tax  bills  due  at  said  date. 

§  2.     It  shall  be  the  duty  of  the  Auditor  of  the  city  to  enforce 
and  carry  into  effect  the  provisions  of  this  ordinance. 

§  3.     This  ordinance  to  take  effect  from  and  after  its  publi- 
cation.    (Approved  April  1,  1895.) 


(29)  TAXES. 

Exemption  of  Manufactuiing  Establishments  From, 

for  Five  Years. 

AN  ORDINANCE  concerning  the  exemption  of  manufacturing 
establishments  from  municipal  taxation. 

Whereas,  The  city  of  Louisville  has  the  power  under  the  law 
to  exempt  from  municipal  taxation,  for  a  period  of  five  years 
as  an  inducement  to  location,  manufacturing  establishments; 
and. 

Whereas,  It  is  deemed  the  wisest  policy  to  thus  foster  the 
manufacturing  interest  of  the  city  by  exercising  this  power  to 
induce  the  location  of  new  manufacturing  enterprises  in  the 
city,  and  to  induce  the  owners  of  others  located  in  the  territory 
sought  to  be  annexed  to  the  city  to  abandon  opposition  to  annex- 
ation, thereby  voluntarily  locating  their  establishments  within 
the  city;  therefore. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  in  order  to  induce  the  location  of  more  manufac- 
turing establishments  within  the  city  limits,  any  such  establish- 
ment, owned  and  operated  by  any  person,  firm  or  corporation, 


TAXES.  669 


which  shall  have  been,  after  the  passage  of  this  act  authorizing 
this  ordinance,  permanently  located  and  conducted  within  the 
limits  of  the  city  of  Louisville,  shall  be  and  the  same  is  hereby 
exempted  for  a  period  of  five  years  after  such  location  and  the 
commencement  of  the  business  of  manufacturing  thereat  from 
all  taxation  whatever  by  the  city  of  Louisville,  on  all  property, 
real  or  personal,  tangible  or  intangible,  owned,  employed  and 
used  by  such  person,  firm  or  corporation  in  conducting  the  busi- 
ness of  such  manufacturing  establishment,  and  -  which  would 
otherwise  be  subject  to  city  taxation:  Provided,  however,  the 
exemption  herein  specified  is  granted  on  the  condition  that  the 
person,  firm  or  corporation  owning  and  operating  such  manu- 
facturing establishment  shall  comply  with  the  provisions  of  the 
third  section  of  this  ordinance,  and  no  such  establishment  shall 
be  entitled  to  an  exemption  from  city  taxes  until  said  section  is 
complied  with. 

§  2.  The  provisions  of  Section  1  hereof  shall  apply  to  such 
manufacturing  establishments  as  may  be  brought  into  the  city 
by  annexation  of  territory,  provided  the  owners  thereof  do  not 
object  to  annexation,  or  shall  agree  before  the  passage  of  this 
ordinance  to  withdraw  their  objections  to  annexation. " 

§  3.  That  any  person,  firm  or  corporation  that  shall  be  in- 
duced by  the  provisions  of  Section  1  or  Section  2  of  this  ordi- 
nance to  locate  or  bring  a  manufacturing  establishment  within 
the  city  limits  shall,  prior  to  the  first  day  of  September  next, 
after  said  establishment  shall  have  been  located  or  brought 
within  the  city  and  begun  the  business  of  manufacturing  thereat, 
file  with  the  City  Assessor  a  written  statement,  verified  by  the 
proprietor,  or  one  of  them,  if  composed  of  a  firm,  or  by  the  chief 
officer  or  manager  in  charge  of  the  corporation,  as  the  case  may 
be,  showing  the  following  facts,  viz :  The  name  of  the  proprietor, 
or  the  members  of  the  firm  or  corporation  owning  and  operating 
the  establishment;  the  place  where  the  establishment  is  located 
within  the  city,  the  kind  of  manufacturing  engaged  in,  and  when 
begun  at  such  location ;  that  the  manufacturing  establishment 
is  a  new  one,  or  has  been  located  or  brought  within  the  city 
limits  since  the  passage  of  the  act  authorizing  this  ordinance ; 
that  it  has  been  thus  located  or  brought  within  the  city  in  good 
faith,  with  the  intention  of  being  continued  permanently,  or  for 
a  longer  period  than  five  years. 


670  TAX  RECEIVER. 


§  4.  That  it  shall  be  the  duty  of  the  City  Assessor  to  pre- 
serve and  keep  on  file  in  his  office  all  such  verified  statements; 
and  he  shall  omit  from  his  assessments  for  city  taxation  for  a 
period  of  five  years  next  after  the  filing  of  each  verified  state- 
ment as  aforesaid,  the  property  of  the  manufacturing  estab- 
lishment named  therein,  as  set  forth  in  Sections  1  and  2  of  this 
ordinance. 

§  5.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  July  29,  1898.) 

(See  City  of  Louisville  v.  Board  of  Education  of  City  of  Louisville,  154 
Ky.  316,  holding  that  this  exemption  does  not  apply  to  the  tax  levy  for 
school  purposes.  See  also  No7-th  Vernon  Lumber  Co.  v.  City  of  Louisville, 
163  Ky.  467.) 


TAX  RECEIVER. 

Deputies. 

AN  ORDINANCE  concerning  the  employes  in  the  Tax  Receiver's 
office  of  the  city  of  Louisville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  there  shall  hereafter  be  in  the  office  of  the  Tax 
Receiver  of  the  city  of  Louisville  nine  (9)  deputies,  one  of  whom 
shall  be  styled  "the  cashier,"  at  a  salary  of  eighteen  hundred 
($1,800)  dollars  per  annum,  payable  in  weekly  or  monthly  in- 
stallments. Each  of  the  other  eight  (8)  deputies  shall  receive  a 
salary  of  fifteen  hundred  ($1,500)  dollars  per  annum,  payable 
in  weekly  or  monthly  installments;  all  nine  of  whom  shall  be 
appointed  by  said  Tax  Receiver,  subject  to  the  approval  of  the 
Board  of  Aldermen.  It  shall  be  the  duty  of  said  deputies  to  per- 
form such  duties  and  render  such  services  as  may  be  required  of 
them  by  the  Tax  Receiver. 

§  2.  In  addition  to  the  officers  mentioned  in  the  first  section 
of  this  ordinance  the  Tax  Receiver  of  the  city  of  Louisville  may 
also  appoint,  subject  to  the  approval  of  the  Board  of  Aldermen, 
for  service  during  the  months  of  January,  February  and  March 
of  each  year,  four  (4)  deputy  clerks,  each  to  be  paid  a  salary  at 
the  rate  of  one  hundred  ($100)  dollars  per  month,  payable  in 
weekly  or  monthly  installments. 

§  3.  All  ordinances  in  conflict  herewith  are  hereby  repealed, 
and  especially  an  ordinance  entitled  "An  ordinance  concerning 


TELEPHONE   RATES.  671 


the  employes  in  the  Tax  Receiver's  office  of  the  city  of  Louis- 
ville," approved  October  4,  1918. 

§  4.     This  ordinance  shall  become  effective  on  and  after  its 
passage.     (Approved  November'  28,  1919.) 


(1)  TELEPHONE  RATES.* 

General  Regulation. 

AN  ORDINANCE  fixing  the  minimum  rates  to  be  charged  for 

telephone  service  in  the  city  of  Louisville. 
Be  it  ordained  bij  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  no  company,  corporation  or  individual  operating, 
conducting  or  maintaining  a  telephone  system  or  furnishing  tele- 
phone service  in  the  city  of  Louisville,  shall  charge  more  for  such 
service  than  the  following  rates,  which  are  hereby  fixed,  estab- 
lished and  ordained  to  be  the  maximum  rates  that  may  be 
charged  for  telephone  services  in  the  city  of  Louisville. 

§  2.  For  each  telephone  in  a  business  house  or  office  the  maxi- 
mum rate  or  charge  shall  not  exceed : 

For  a  single  or  private  line,  unlimited  service,  $5.50  per  month, 
or  at  the  rate  of  $66.00  per  year. 

For  a  party  line,  unlimited  service,  $4.00  per  month,  or  at  the 
rate  of  $48.00  per  year. 

For  each  telephone  in  a  residence  the  maximum  rate  or  charge 
shall  not  exceed: 

For  a  single  or  private  line,  unlimited  service,  $3.00  per  month, 
or  at  a  rate  of  $36.00  per  year. 

For  a  party  line,  unlimited  service,  $2.00  per  month,  or  at 
the  rate  of  $24.00  per  year. 

For  each  extension  desk  telephone  the  maximum  rate  or 
charge  shall  not  exceed  $1.00  per  month,  or  at  the  rate  of  $12.00 
per  year. 

§  3.  Any  person,  firm  or  corporation  violating  any  provision 
of  this  ordinance  or  charging  a  higher  rate  for  telephone  service 
than  is  fixed  by  this  ordinance  shall  be  subject  to  a  fine  of  not 
less  than  $5.00  nor  more  than  $25.00  for  each  offense.     Each 


*See  City  of  Louisville  v.  Cumberland  Tel.  &  Tel.  Co.,  225  U.  S.  430,  and 
see  also  the  next  ordinance,  consenting  to  a  repeal  of  this  ordinance. 


672  TELEPHONE  RATES. 


charge  for  telephone  service  in  excess  of  the  rates  herein  fixed 
and  each  month  such  charge  is  made  for  such  service  shall  con- 
stitute a  separate  offense. 

§  4.  That  an  ordinance  entitled  "An  ordinance  regulating  the 
charges  for  telephone  service  in  the  city  of  Louisville,"  approved 
November  12,  1906,  is  hereby  repealed: 

Provided,  however,  that  this  ordinance  shall  not  be  so  con- 
strued as  to  confer  upon  any  person,  firm  or  corporation  now 
conducting  or  operating  a  telephone  system  in  the  city  of  Louis- 
ville the  right  to  charge  any  rate  in  excess  of  that  limited  in  the 
charter  or  franchise  of  such  person,  firm  or  corporation. 

§  5.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  March  6,  1909.) 


(2)  TELEPHONE  RATES.* 

Cumberland  Telephone  Company  Compromise  Contract. 

AN  ORDINANCE  authorizing  the  city  of  Louisville,  through 
its  Mayor,  to  make  and  execute  a  contract  with  the  Cumber- 
land Telephone  &  Telegraph  Company  for  the  compromise 
and  settlement  of  the  litigation  and  controversy  now  pend- 
ing between  them  in  the  Federal  Court  over  maximum  tele- 
phone charges,  and  fixing  the  maximum  charges  to  be  made 
for  telephone  services  rendered  in  the  city  of  Louisville. 

Whereas,  there  now  exists  litigation  between  the  Cumber- 
land Telephone  &  Telegraph  Company  and  the  city  of  Louis- 
ville in  the  Federal  Court  for  the  Western  District  of  the  State 
of  Kentucky  over  and  concerning  proper  rates  for  telephone  ser- 
vice in  the  city  of  Louisville  that  is  rendered  by  the  said  com- 
pany, and 

Whereas,  both  the  city  of  Louisville  and  said  company  are 

desirous  of  settling  the  litigation  and  controversy  amicably,  and 

Whereas,  the  said  parties  have  arrived  at  a  satisfactory  set- 


*See  City  of  Loui<?ville  v.  Cumb.  Tel.  &  Tel.  Co.,  224  U.  S.  649;  City  of 
Louisville  v.  Cumh.  Tel.  &  Tel.  Cd.,  225  U.  S.  430;  in  re  City  of  Louisville, 
Kentucky,  231  U.  S.  256;  in  re  Engelhard  &  Sons  Company,  231  U.  S.  258; 
City  of  Louisville  v.  Cumberland  Tel.  &  Tel.  Co.,  231  U.  S.  260. 


TELEPHONE  RATES.  673 


tlement  and  compromise  of  all  pending  questions  in  the  said 
litigation  and  controversy;  now,  therefore, 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  city  of  Louisville,  through  its  Mayor,  do,  and 
that  said  Mayor  is  hereby  authorized,  empowered  and  directed 
to,  enter  into  and  execute  a  contract  with  the  Cumberland  Tele- 
phone &  Telegraph  Company,  a  corporation  organized  and  exist- 
ing under  the  laws  of  the  State  of  Kentucky,  in  words  and  figures 
as  follows,  to- wit: 

This  agreement  made  this  20th  day  of  February,  1914,  by  and 
between  the  city  of  Louisville,  a  municipal  corporation,  party 
of  the  first  part,  and  the  Cumberland  Telephone  &  Telegraph 
Company,  a  corporation  organized  and  existing  as  aforesaid, 
witnesseth : 

That  the  parties,  in  consideration  of  the  premises  set  out  in 
the  preamble  to  this  ordinance  and  the  mutual  undertaking 
herein,  have  and  do  hereby  enter  into  the  following  contract, 
to-wit : 

A.  The  Cumberland  Telephone  &  Telegraph  Company  is  to 
pay  all  the  ordinary  costs  in  the  court  of  original  jurisdiction 
and  in  the  Supreme  Court  of  the  United  States  made  and  oc- 
casioned by  the  parties  in  the  said  litigation  and  to  dismiss 
the  suit  which  is  now  pending  in  the  District  Court  of  the 
United  States  for  the  Western  District  of  Kentucky  against  the 
city  of  Louisville  seeking  to  permanently  enjoin  the  enforce- 
ment of  the  present  ordinance  fixing  telephone  rates,  passed  by 
the  General  Council  of  the  city  of  Louisville  on  the  6th  day  of 
March,  1909. 

B.  The  Cumberland  Telephone  &  Telegraph  Company  fur- 
ther agrees  to  pay  over  to  and  deposit  with  the  Fidelity  &  Colum- 
bia Trust  Company,  being  a  financial  institution  of  the  city  of 
Louisville,  the  sum  of  money  that  has  been  or  may  be  found  due 
to  the  subscribers  to  the  telephone  service  of  the  Cumberland 
Telephone  &  Telegraph  Company  on  account  of  charges  made 
by  the  said  company  in  excess  of  the  rates  fixed  by  the  said 
ordinance  passed  on  the  6th  day  of  March,  1909,  as  shown  by  the 
report  or  reports  of  a  Special  Commissioner,  A,  G.  Ronald,  of 
the  said  District  Court,  approximating  the  sum  of  $137,000.00, 
be  it  more  or  less,  which  said  sum  shall  be  paid  out  by  said  de- 


674  TELEPHONE   RATES. 


pository  to  the  various  parties,  their  attorneys,  assigns  or  repre- 
sentatives, shown  to  be  entitled  thereto  by  the  aforesaid  report 
of  the  said  Special  Commissioner,  and  any  part  or  portion  of 
said  fund  which  may  remain  unclaimed  by  the  parties  in  inter- 
est for  the  period  of  six  months  is  to  be  paid  by  said  depository 
to  the  city  of  Louisville  to  be  held  and  used  by  it,  for  the  pur- 
pose of  constructing  a  municipal  hall  or  auditorium  as  may  be 
hereafter  determined  upon  by  the  Mayor  and  General  Council 
of  the  city  of  Louisville,  and  the  city  of  Louisville  is  to  hold  the 
Cumberland  Telephone  &  Telegraph  Company  harmless  against 
all  claims  to  said  fund. 

C.  That  the  Cumberland  Telephone  &  Telegraph  Company 
will  abide  by  the  terms  of  this  ordinance  when  duly  passed  by  the 
General  Council  of  the  city  of  Louisville,  and  approved  by  its 
Mayor,  and  will  furnish  the  inhabitants  of  the  city  of  Louisville 
telephone  services  at  prices  not  to  exceed  the  rates  herein  named 
and  upon  the  condition  and  terms  herein  specified. 

D.  That  the  Cumberland  Telephone  &  Telegraph  Company 
agrees  that  the  rates  fixed  in  this  ordinance  are  to  apply  under 
annual  contracts  to  all  stations  within  the  city  limits  of  Louis- 
ville, and  whether  within  the  city  limits  or  not,  within  two  miles 
for  business  and  three  miles  for  residence  stations  from  any  of 
the  Louisville  city  exchanges,  and  within  one  and  one-half  miles 
of  the  central  office  at  any  of  the  following  exchanges  with  which 
such  stations  connect,  viz:  New  Albany  and  Jeffersonville,  in 
the  State  of  Indiana ;  and  Harrods  Creek,  Pewee  Valley,  Anchor- 
age, St.  Matthews,  Jeffersontown  and  Pleasure  Ridge  Park,  in 
the  State  of  Kentucky. 

All  subscribers  in  any  of  the  above-named  outlying  exchanges 
may  by  paying  the  rates  herein  set  out  call  any  Louisville  sub- 
scriber's station  without  extra  charge,  and  likewise  may  Louis- 
ville subscribers  call  subscribers'  station  in  any  of  these  outlying 
exchanges,  without  extra  charge,  whether  such  called  subscribers 
are  paying  the  Louisville,  or  a  merely  local,  rate.  In  addition  to 
this,  it  is  agreed  that  special  toll  terminals  used  by  the  patrons 
with  a  heavy  demand  for  long-distance  service  shall  be  reduced 
from  $4.00  to  $3.50  per  month. 

E.  That  the  Cumberland  Telephone  &  Telegraph  Company 
agrees  not  to  seek  or  ask  for  any  increase  of  the  rates  fixed  in 
this  ordinance,  unless  by  consent  of  the  city  authorities,  for  the 


TELEPHONE   RATES.  675 


period  of  five  years  after  the  passage  hereof,  but  it  is  expressly 
agreed  that  the  city  of  Louisville  does  not  in  any  way  waive, 
relinquish  or  surrender  its  right  or  power  during  said  time,  or 
for  any  time,  to  fix  lower  maximum  rates  if  the  conditions  and 
circumstances  at  any  time  render  such  course  proper  to  call  the 
same  in  question. 

F.  That  the  city  of  Louisville  hereby  repeals  the  said  ordi- 
nance approved  on  the  6th  day  of  May,  1909,  and  substitutes 
and  enacts  the  following  ordinance,  to-wit: 

AN  ORDINANCE  fixing  the  maximum  rates  to  be  charged  for  telephone 

service  in  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  ho  company,  corporation  or  individual  operating,  conducting 
or  maintaining  a  telephone  system  or  furnishing  telephone  service  in  the 
city  of  Louisville,  shall  charge  more  for  such  service  than  the  following 
rates,  which  are  hereby  fixed,  established  and  ordained  to  be  the  maximum 
rates  that  may  be  charged  for  telephone  service  in  the  city  of  Louisville: 

For  each  telephone  the  maximum  rate  to  be  charged  shall  not  exceed: 

For  a  business  special  line,  unlimited  service,  $6.00  per  month,  or  at.  the 
rate  of  $72.00  per  year. 

For  a  business  two-party  line,  unlimited  service,  $4.25  per  month,  or  at 
the  rate  of  $.51.00  per  year. 

For  a  residence  special  line,  unlimited  service,  $3.00  per  month,  or  at 
the  rate  of  $36.00  per  year. 

For  a  residence  two-party  line,  unlimited  service,  $2.00  per  month,  or 
at  the  rate  of  $24.00  per  year. 

For  each  extension  telephone,  $1.00  per  month,  or  at  the  rate  of  $12.00 
per  year. 

For  a  business  special  line,  unlimited  inward  service  only,  $3.50  per 
month,  or  at  the  rate  of  $42.00  per  year. 

For  a  business  special  line,  unlimited  inward  service  and  100  outward 
messages  monthly,  extra  messages  three  cents  each,  $4.00  per  month  as  a 
minimum  charge. 

For  a  residence  special  line,  unlimited  inward  service  and  83  outward 
messages  monthly,  extra  messages  at  three  cents  each,  $2.50  per  month  as 
a  minimum  charge. 

For  special  toll  terminals  used  by  heavy  patrons  of  long-distance  service, 
$3.50  per  month. 

Said  rates  are  net,  and  payable  monthly  in  advance  before  the  10th  day 
of  the  month. 

§  2.  That  any  person,  firm  or  corporation  violating  any  provision  of 
this  ordinance,  or  charging  a  higher  rate  for  telephone  service  than  is  fixed 
by  this  ordinance,  shall  be  subject  to  a  fine  of  not  less  than  $5.00  nor  more 
than  $25.00  for  each  offense.  Each  charge  for  telephone  service  in  excess 
of  the  rates  herein  fixed  and  each  month  that  such  charge  is  made  for  such 
service  shall  constitute  a  separate  offense. 

§  3.  That  an  ordinance  entitled  "An  ordinance  fixing  the  maximum 
rates  to  be  charged  for  telephone  service  in  the  city  of  Louisville,"  approved 
March  6,  1909,  be  and  it  is  hereby  repealed;  Provided,  however,  that  this 
ordinance  shall  not  be  so  construed  as  to  confer  upon  any  person,  firm  or 
corporation  now  conducting  or  operating  a  telephone  system  in  the  city  of 
Louisville  the  right  to  charge  any  rate  in  excess  of  that  limited  in  the 
charter  or  franchise  of  such  person,  firm  or  corporation. 


676  TELEPHONE  RATES. 


In  witness  whereof,  the  city  of  Louisville  has,  pursuant  to 
the  ordinance  of  its  General  Council,  caused  this  contract  to  be 
executed  in  its  name  and  for  it  by  its  Mayor,  and  the  said  Cum- 
berland Telephone  &  Telegraph  Company  has,  pursuant  to  a 
resolution  of  its  Board  of  Directors,  caused  this  contract  to  be 
executed  in  its  corporate  name  and  in  its  behalf  by  its  vice  presi- 
dent, and  its  corporate  seal  to  be  hereto  affixed  the  day  and  year 
first  above  written. 

CITY  OF  LOUISVILLE,  By  JNO.  H.  BUSCHEMEYER,  Mayor. 

CUMBERLAND  TELEPHONE  &  TELEGRAPH  COMPANY, 
By  J.  M.  B.  HOXSEY,  Vice  President. 

§  2.  That  the  Mayor  and  proper  officials  of  the  city  of  Louis- 
ville be,  and  they,  and  each  of  them,  are,  and  is,  hereby  author- 
ized, empowered  and  directed  to  take  all  necessary  steps  and  do 
all  things  proper  to  carry  out  the  conditions  and  terms  of  this 
contract. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  February  20,  1914.) 


(3)  TELEPHONE  RATES. 

Authorizing  Home  Telephone  Party  Lines. 

AN  ORDINANCE  authorizing  the  Mayor  of  the  city  of  Louis- 
ville, on  behalf  of  said  city,  to  enter  into  and  execute  a  con- 
tract with  the  Louisville  Home  Telephone  Company,  author- 
izing the  construction  and  maintenance  by  it  of  party  lines, 
and  fixing  the  rates  to  be  charged  for  telephones  upon  party 
lines. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  the  Mayor  of  the  city  of  Louisville  for  and  on  be- 
half of  said  city  be,  and  is  hereby  authorized,  empowered  and 
directed  to  enter  into  and  execute  a  contract  with  the  Louisville 
Home  Telephone  Company,  a  corporation,  in  words  and  figures 
as  follows,  to-wit : 

This  agreement,  made  this  day  of  ,  19 — , 

by  and  between  the  city  of  Louisville,  a  municipal  corporation, 
party  of  the  first  part,  and  the  Louisville  Home  Telephone  Com- 
pany, a  corporation,  party  of  the  second  part, 


TELEPHONE  RATES.  677 


Witnesseth : 

That  whereas  the  Louisville  Home  Telephone  Company  is  the 
owner  of  the  telephone  franchise  ordered  to  be  sold  under  an 
ordinance  entitled  "An  ordinance  to  provide  for  the  sale  of  the 
franchise  or  privilege  to  construct,  establish,  maintain  and  oper- 
ate a  telephone  system  in  the  city  of  Louisville,"  which  became 
effective  November  5,  1900,  and 

Whereas,  by  the  terms  of  said  ordinance  there  was  a  pro- 
vision in  Section  9  thereof  that  "there  shall  be  no  party  lines 
constructed  or  maintained  by  the  owner  or  company  operating 
said  telephone  system  or  plant,"  and 

Whereas,  by  mechanical  improvement  and  invention  since  the 
creation  of  the  franchise  by  the  General  Council  now  exercised 
by  the  Louisville  Home  Telephone  Company  objections  to  party 
lines  have  been  in  a  measure  obviated,  and  there  are  many  tele- 
phone users  in  the  city  of  Louisville  who  are  willing  to  take  and 
who  desire  to  have  party  line  service  for  residence  telephones 
because  same  may  be  rendered  more  cheaply  than  single  line 
service,  and  it  is  believed  that  it  is  to  the  advantage  of  the  tele- 
phone-using public  of  the  city  of  Louisville  to  permit  such  service 
to  be  rendered, 

Now,  therefore,  in  consideration  of  the  premises  and  in  fur- 
ther consideration  of  the  sum  of  five  thousand  ($5,000)  dollars 
to  be  paid  to  the  city  of  Louisville  upon  the  execution  of  this 
contract,  it  is  agreed  by  and  between  the  parties  hereto  as  fol- 
lows: 

First — The  city  of  Louisville  consents  that  the  prohibition 
in  the  aforesaid  telephone  franchise  ordinance  of  November, 
ISiOO,  against  the  use  of  party  lines  by  the  owner  of  the  franchise 
sold  thereunder,  be  and  the  same  is  hereby  withdrawn  so  far  as 
said  prohibition  applies  to  residence  telephones:  Provided,  how- 
ever, that  any  applicant  for  a  residence  telephone  service  shall 
have  the  right  to  designate  whether  the  service  shall  be  an  in- 
dividual wire  with  metallic  circuit  under  the  franchise  ordinance 
of  November,  1900,  or  a  party  line  service  as  provided  for  herein. 

Second — The  rate  to  be  charged  for  the  use  of  each  residence 
telephone  on  a  party  line  shall  be  twenty-four  ($24)  dollars 
per  annum,  throughout  the  city,  without  regard  to  distance,  pay- 
able as  fixed  by  the  aforesaid  ordinance  of  1900. 


678  TELEPHONE  RATES. 


Third — In  arranging  party  lines,  not  more  than  two  sub- 
scribers shall  be  put  upon  one  party  line. 

Fourth — The  Louisville  Home  Telephone  Company  will  pay 
to  the  city  of  Louisville  the  sum  of  one  ($1)  dollar  per  annum 
for  each  subscriber  to  a  party  line  established  hereunder,  pay- 
ment to  be  made  as  provided  in  said  franchise  ordinance. 

Fifth — This  agreement  is  in  force  and  effect  until  November 
5,  1920. 

In  witness  whereof,  the  said  city  has,  pursuant  to  an  ordi- 
nance of  its  General  Council,  caused  this  contract  to  be  executed 
in  its  name,  and  on  its  behalf,  by  its  Mayor;  and  the  said  Louis- 
ville Home  Telephone  Company  has,  pursuant  to  a  resolution  of 
its  Board  of  Directors,  caused  this  contract  to  be  executed  in 
its  corporate  name,  and  on  its  behalf,  by  its  President,  and  its 
corporate  seal  hereunto  affixed,  the  day  and  year  first  above 
written. 

City  of  Louisville, 

By   Mayor. 

Louisville  Home  Telephone  Company, 

By    President. 

§  2.  That  the  Mayor  and  proper  officers  of  the  city  of  Louis- 
ville be,  and  they  are  hereby  authorized,  empowered  and  directed 
to  take  all  steps,  and  do  all  things  which  may  be  necessary,  or 
proper,  to  carry  out  the  terms  and  conditions  of  this  contract. 

§  3.  That  an  ordinance  entitled  "An  ordinance  authorizing 
the  Mayor  of  the  city  of  Louisville,  on  behalf  of  said  city,  to 
enter  into  and  execute  a  contract  with  the  Louisville  Home  Tele- 
phone Company,  authorizing  the  construction  and  maintenance 
by  it  of  party  lines,  and  fixing  the  rate  to  be  charged  for  tele- 
phones upon  party  lines,"  approved  February  4,  1914,  is  hereby 
repealed,  this  ordinance  being  passed  as  a  substitute  therefor. 

§  4.  This  ordinance  to  take  effect  from  and  after  its  pas- 
sage.    (Approved  March  7,  1914.) 

NOTE — The  rates  chargeable  by  the  Home  Telephone  Company  are 
fixed  as  follows  by  Section  9  of  it*  franchise  which  took  effect  November  5, 
1900: 

"Forty-eight  ($48)  dollars  per  year  for  each  biisiness  telephone  on  an  in- 
dividual wire  with  metallic  circuit  wherever  located  within  the  city  limits; 
for  each  residence  telephone  on  an  individual  wire  with  metallic  circuit  with- 
in a  radius  of  one  mile  from  the  courthouse  in  said  city,  $24  per  year;  for 
each  residence  telephone  on  an  individual  wire  with  metallic  circuit  within 
a  radius  of  two  miles  of  the  courthouse  and  exceeding  one  mile  therefrom, 


THEATRES  AND  PUBLIC   HALLS. 679 

within  the  city  of  Louisville,  $30  per  annum;  for  each  residence  telephone 
on  an  individual  wire  with  metallic  circuit  within  the  limits  of  the  city  of 
Louisville  and  outside  of  said  radius  of  tiro  miles  from  the  courthouse,  $36 
per  year.  On  extension  desk  telephones  the  rate  shall  not  exceed  $12  each 
per  annum,  and  for  installing  extension  bells,  $5  each.  All  lines  shall  be 
attached  to  long  distance  instruments,  and  there  shall  be  no  party  lines  con- 
structed or  maintained  by  the  owner  or  company  operating  said  telephone 
system  or  plant."     (Fourth  Biennial  Compilation,  page  209.) 

The  prohibition  in  the  last  sentence  above  quoted  is  withdrawn  as  to 
residence  telephones  by  the  above  ordinance,  approved  March  7,  1914. 


THEATRES  AND  PUBLIC  HALLS. 
Overcrowding. 

AN  ORDINANCE  to  prevent  the  dangerous  overcrowding  of 

theatres  or  other  public  halls  in  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  it  shall  be  unlawful  during  the  performance  of 
any  play,  opera,  or  other  exhibition  in  any  theatre  or  other  public 
hall  in  the  city  of  Louisville,  to  allow  any  person  or  persons  of 
the  audience  to  stand,  be  seated,  or  remain  in  any  of  the  aisles 
or  passways  of  the  said  theatre  or  public  hall. 

§  2.  Any  lessee,  manager,  owner,  proprietor,  or  employe  of 
such  theatre  or  public  hall  who  shall  violate  the  provisions  of 
Section  1  of  this  ordinance  shall  be  fined  not  less  than  five  ($5) 
nor  more  than  twenty  dollars  ($20)  for  each  offense. 

§  3.  Each  person  allowed  to  stand  or  to  be  seated  in  or  to 
occupy  such  aisle  or  passway  as  aforesaid  shall  be  deemed  a 
separate  offense. 

§  4.  This  ordinance  to  take  effect  from  the  date  of  its  ap- 
proval. (Approved  October  9,  1895.)  (See  also  (1)  Sanitation; 
Spitting;  Fire  Escapes;  Building  Code.) 


(1)  TREASURER.* 
Duties,  etc. 

AN    ORDINANCE    concerning   the    Treasurer   of   the    city    of 

Louisville. 
Be  it  ordahied  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     The  Treasurer  shall  receive  and  keep  the  money  of  the 
city  until  disbursed  on  warrants  or  paid  under  orders  of  the 
Council. 


*Sse   generally   Sees.   2902-3,   Ky.    St.      Powers   considered   in   National 
Surety  Co.  v.  City  of  Louisville,  etc.,  165  Ky.  38. 


680  TREASURER. 


§  2.  He  shall  also  receive  all  notes,  bonds  and  other  evidences 
of  debt  to  the  city,  which  he  shall  collect  or  account  for,  and  he 
shall  see  that  all  persons  bound  to  pay  money  to  the  Treasurer 
make  due  account  and  payment,  and  shall  promptly  report  to 
the  Council  every  failure  to  do  so. 

§  3.  He  shall  also  keep  in  a  proper  set  of  books,  by  double 
entry,  a  full  and  accurate  account  of  moneys  received  and  dis- 
bursed for  the  city,  specifying  the  date  of  receipt  and  disburse- 
ment, from  v^hom  received  and  to  whom  paid,  and  on  what  ac- 
count received  or  paid,  keeping  a  separate  and  accurate  account 
of  each  head  of  revenue  or  expenditure,  and  of  each  fund,  and 
of  the  debits  and  credits  belonging  to  each. 

§  4.  He  shall  keep  a  register  of  all  warrants  redeemed  or 
paid  into  the  treasury,  describing  such  warrant  by  its  date,  num- 
ber, page,  date  of  payment  and  name  of  person  to  whom  it  was 
paid,  and  shall  cancel  and  keep  on  file  all  such  warrants. 

§  5.  To  each  person  paying  money  he  shall  deliver  a  dupli- 
cate receipt  therefor,  specifying  the  date  of  payment,  on  what 
account,  and  whether  paid  in  money,  in  warrants,  or  otherwise. 

§6.  On  receiving  money  set  apart  to  several  funds  or  ac- 
counts, he  shall  immediately  credit  to  each  fund  or  account  its 
true  proportion  thereof.     (Aj^proved  October  26,  1853.) 

(See  also  Warrants.  For  bond  required  see  Bonds  and  Oath 
of  Officers.) 


(2)  TREASURER. 

Public  Funds — Use  of. 

AN  ORDINANCE  concerning  the  use  of  the  public  funds. 
Be  it  ordained  hy  the  General  Council  of  the  city  of  Louisville: 
The  Treasurer  is  prohibited  from  using,  directly  or  indirectly, 
the  public  money,  funds,  or  property  in  his  charge  for  his  own 
use  or  benefit,  and  from  permitting  it  to  be  used  by  or  for  any 
other  person,  unless  authorized  to  do  so  by  some  law  or  ordi- 
nance.    {Approved  October  26,  1853.) 


TREASURER.  681 


(3)  TREASURER. 

Payments  by,  to  Departments  and  Boards  Regulated. 

AN  ORDINANCE  regulating  the  manner  of  the  payments  to 
be  made  by  the  City  Treasurer  to  the  Louisville  School  Board, 
to  the  Board  of  Park  Commissioners,  to  the  Board  of  Man- 
agers of  the   Louisville   Industrial   School   of  Reform    (or 
House  of  Refuge),  and  to  the  Commissioners  of  the  Louis- 
ville Sinking  Fund. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  the  amounts  received  by  the  City  Treasurer  from 
the  Receiver  of  City  Taxes  for  the  credit,  respectively,  of  the 
Louisville  School  Board,  of  the  Board  of  Park  Commissioners, 
of  the  Board  of  Managers  of  the  Louisville  Industrial  School  of 
Reform  (or  House  of  Refuge) ,  and  of  the  Commissioners  of  the 
Louisville  Sinking  Fund,  shall  be  paid  by  the  said  Treasurer  to 
them,  respectively,  in  weekly  installments.     The  receipts  of  the 
proper  officers  of  the  institutions  receiving  the  money  to  be  evi- 
dence of  payment  in  settling  the  accounts  of  the  City  Treasurer. 

§  2.  All  ordinances  in  conflict  with  this  ordinance  be  and 
are  hereby  repealed. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pub- 
lication.    {Approved  January  31,  1896.) 


(4)  TREASURER. 

Clerk. 

AN  ORDINANCE  for  providing  a  clerk  for  the  City  Treasurer 

and  fixing  his  salary. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  City  Treasurer,  with  the  approval  of  the  Mayor, 
shall  have  the  power  to  appoint  a  clerk  for  his  office,  to  perform 
such  duties  as  directed  by  the  said  Treasurer  or  by  ordinance. 

§  2.  The  said  clerk  shall  receive  fifteen  hundred  ($1,500) 
dollars  per  annum,  payable  in  monthly  installments,  on  the  pay- 
roll of  the  city  oflficers. 

§  3.  All  ordinances  in  conflict  herewith  be  and  are  hereby 
repealed.     {Approved  September  30,  1895.) 


682  TREASURER. 


(5)  TREASURER. 

Additional  Clerks. 

AN  ORDINANCE  providing  for  two  additional  clerks  for  the 
City  Treasurer. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  The  City  Treasurer,  with  the  approval  of  the  Mayor, 
shall  have  the  power  to  appoint  two  additional  clerks  for  his 
office,  who  shall  perform  such  duties  as  may  be  directed  by  the 
City  Treasurer  or  by  ordinance. 

§  2.  Each  of  said  clerks  shall  receive  a  salary  of  not  more 
than  nine  hundred  dollars  ($900.00)  per  annum,  the  amount  to 
be  fixed  by  the  Treasurer. 

§  3.  All  ordinances  in  conflict  herewith,  including  an  ordi- 
nance entitled  "An  ordinance  providing  for  two  additional  clerks 
for  the  City  Treasurer,"  approved  January  23,  1918,  are  hereby 
repealed. 

§  4.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  March  7,  1919.) 


(6)   TREASURER. 

Additional  Clerks. 

AN  ORDINANCE  providing  for  two  additional  clerks  for  the 

City  Treasurer. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  The  City  Treasurer,  with  the  approval  of  the  Mayor, 
shall  have  the  power  to  appoint  two  additional  clerks  for  his 
office,  who  shall  perform  such  duties  as  may  be  directed  by  the 
City  Treasurer  or  by  ordinance. 

§  2.  Each  of  said  clerks  shall  receive  a  salary  of  not  more 
than  seven  hundred  and  eighty  ($780)  dollars  per  annum,  the 
amount  to  be  fixed  by  the  Treasurer. 

§  3.  An  ordinance  entitled  "An  ordinance  providing  for  an 
additional  clerk  for  the  City  Treasurer,"  approved  December  21, 
1911,  is  hereby  repealed. 

§  4.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  January  23,  1918.) 


TREES  ON  PUBLIC  WAYS. 683 

TREES  ON  PUBLIC  WAYS. 

Duty  to  Remove  Condemned  Trees. 

AN  ORDINANCE  relating  to  shade  and  ornamental  trees  on 
the  sidewalks  and  thoroughfares  of  the  city  of  Louisville. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  whenever  the  Board  of  Park  Commissioners,  in 
their  judgment,  shall  condemn  any  dead  or  decaying  tree  or 
trees  on  the  sidewalks  or  thoroughfares,  and  notice  is  served 
by  the  Board  of  Park  Commissioners  of  the  city  of  Louisville 
on  the  owner  of  the  lot  or  property  abutting  on  the  street  or 
sidewalk  where  said  condemned  tree  or  trees  shall  be  located, 
the  said  owner  shall,  at  his  expense,  remove  the  said  condemned 
tree  or  trees  from  the  street  or  sidewalk  in  such  manner  as  will 
least  impede  the  public  travel,  and  he  shall  put  the  surface  of 
the  streets  or  sidewalk  in  an  even  and  uniform  shape  after 
removal. 

§  2.  Should  the  owner  of  said  lot  or  property  adjoining  the 
location  of  said  condemned  tree  or  trees  fail  for  five  days  after 
notice  herein  mentioned  to  remove  said  condemned  tree  or  trees 
from  the  sidewalk  or  public  highway,  he  shall  be  fined  five  ($5) 
dollars  for  each  day  after  said  fifth  day  that  said  condemned  tree 
or  trees  are  allowed  to  remain  unremoved,  and  the  sidewalk  not 
repaired,  as  provided  for  in  Section  1  of  this  ordinance. 

§  3.  This  ordinance  to  take  effect  from  and  after  its  publi- 
cation. {Approved  May  21,  1894.)  (See  also  (2)  Advertise- 
ments.) 


(1)  TRESPASSING. 
On  Enclosed  or  Improved  Real  Estate. 

AN  ORDINANCE  prohibiting  trespass  on  real  estate. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  That  it  shall  be  unlawful  for  any  person,  without  the 
consent  of  the  owner,  or  his  or  her  agent,  to  enter  on  any  en- 
closed or  improved  real  estate,  lot  or  parcel  of  ground  in  the 
city  of  Louisville,  and  to  destroy  any  flower  or  shrubbery,  or 
remove  therefrom  any  flowers,  shrubbery,  material,  substance, 
earth,  dirt,  or  turf. 


684 TRESPASSING — TRIALS. 

§  2.     Any  person  violating  the  provisions  of  this  ordinance 
shall,  upon  conviction  thereof,  be  fined  not  less  than  ten   ($10) 
'  nor  more  than  fifty   ($50)   dollars  for  each  offense. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pub- 
lication. (Approved  May  7,  1895.)  (See  also  Advertisements; 
Loitering.) 


(2)  TRESPASSING. 
On  Vacant  Lots  or  Commons. 

AN  ORDINANCE  prohibiting  certain  trespasses  in  vacant  lots 

or  commons  within  the  limits  of  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  hereafter  it  shall  be  unlawful  for  any  person  to 
dump  or  throw  any  dirt,  trash  or  rubbish  of  any  kind  or  de- 
scription on  any  vacant  lot  or  common  within  the  limits  of  the 
city  of  Louisville,  or  to  dig,  cut,  or  carry  off  from  any  such  lot 
or  common  any  dirt,  or  sod,  without  first  having  obtained  the 
permission  of  the  owner  of  said  lot  or  common  in  writing. 

§  2.  For  any  violations  of  the  provisions  of  this  ordinance 
the  party  offending,  on  conviction  therefor,  shall  be  fined  not 
less  than  ten  dollars  ($10)  nor  more  than  twenty  dollars  ($20) 
for  each  offense. 

§  3.  This  ordinance  shall  take  effect  from  and  after  its  pub- 
lication.    {Approved  June  26,  1894.) 

(See  also  (1)  Advertisements ;  Loitering.) 


TRIALS. 
Of  Executive  and  Ministerial  Officers. 

AN  ORDINANCE  to  regulate  the  trial  of  executive  and  minis- 
terial officers  of  the  city  of  Louisville,  by  and  before  the 
Board  of  Aldermen  of  said  city,  where  charges  are  preferred 
against  such  officers  by  the  Mayor  of  said  city,  or  two  mem- 
bers of  the  Board  of  Councilmen  of  said  city,  or  as  against 
the  Mayor  of  said  city  by  the  Board  of  Councilmen  of  said 
city. 

Be  it  ordained  by  the  Genei^al  Council  of  the  city  of  Louisville: 
§  1.     That  in  order  to  carry  out  and  effectuate  Section  19  of 


TRIALS.  685 


an  act  of  the  General  Assembly  entitled  "An  act  for  the  gov- 
ernment of  cities  of  the  first  class,"  approved  July  1,  1893, 
commonly  called  the  City  Charter,  whenever  written  charges 
with  specifications,  duly  signed,  shall  be  preferred  to  the  Board 
of  Aldermen  by  the  Mayor  of  said  city,  or  any  two  Councilmen 
of  said  city,  against  executive  or  ministerial  officers  of  said  city, 
unless  otherwise  provided  for  by  law,  or  against  the  Mayor  of 
said  city  by  the  Board  of  Councilmen  of  said  city,  the  said 
Board  of  Aldermen  of  said  city  shall  at  once,  or  within  five  days 
thereafter,  proceed  to  organize  itself  into  a  court  for  the  trial 
of  said  charges  and  specifications  by  taking  the  oath  of  office 
required  by  law.  The  president  of  said  Board  of  Aldermen  and 
the  regular  clerk  of  said  board  shall  act  as  presiding  judge  and 
clerk  of  said  court  unless  and  until  otherwise  determined  by 
a  majority  of  said  board,  but  they  shall  take  proper  oaths  of 
office  as  such. 

§  2.  As  soon  as  said  board  shall  have  organized  as  a  court, 
as  required  in  preceding  section,  said  charges  and  specifications 
shall  be  read  aloud,  in  open  court,  and  the  person  or  persons 
charged  may  enter  appearance,  'or  except  to  the  sufficiency  of 
said  charges  and  specifications,  especially  pointing  out  the  charge 
and  specifications  excepted  to,  or  they  may  file  an  answer  making 
such  defense  as  they  deem  best.  If  no  appearance  is  entered  at 
said  reading  of  charges  and  specifications,  then  the  clerk  of  said 
court  shall  issue  a  notice,  directed  to  person  or  persons  charged, 
warning  them  or  him  to  appear  and  make  defense  against  such 
charges  and  specifications  at  the  next  sitting  of  said  court,  not 
occurring  earlier  than  five  days  after  the  service  of  said  notice. 
The  case  shall  be  docketed  in  substance  as  follows: 

The  Commonwealth  of  Kentucky  by .relators 

against ,  defendants   (stating  the  names  of  the 

relators  and  the  defendants).  The  notice  for  the  defendants 
above  provided  for  may  be  served  by  the  sheriff  of  the  county, 
or  any  deputy,  or  policeman,  or  any  person  designated  by  the 
clerk  of  said  court;  but  if  any  person  so  accused  shall  avoid  ser- 
vice of  process,  then  the  same  may  be  left  at  his  residence,  or 
if  he  or  they  shall  leave  the  city  or  State,  the  case  may  be  pro- 
ceeded with  as  if  actual  service  had  been  made. 

§  3.  On  appearance  of  said  action,  or  after  service  of  said 
notice,  or  leaving  the  city  or  State,  such  person  or  persons  so 


686  TRIALS. 


charged  may  appear  before  said  court  in  person,  or  by  counsel, 
or  both,  and  may  accept  or  plead,  as  hereinbefore  provided.  If 
exceptions  are  sustained  by  a  vote  of  a  majority  of  the  court 
to  all  the  charges  and  specifications,  then  the  proceedings  shall 
be  deemed  terminated,  but  if  such  exceptions  are  overruled  as 
to  any  charge  and  specification,  then  the  trial  shall  proceed  upon 
such  charges  and  specifications  as  are  determined  by  the  court 
to  be  good  and  sufficient.  Whether  any  defense  be  made  or  not, 
the  relators  in  such  matter  shall  cause  evidence  to  be  introduced, 
and  may  be  assisted  therein  by  the  City  Attorney,  and  other 
counsel,  or  both,  in  support  of  said  charges  and  specifications, 
and  then  the  defendant  in  such  proceeding  may  introduce  evi- 
dence in  his  behalf,  unless  the  court  shall  have  previously  deter- 
mined by  a  majority  vote  that  the  evidence  introduced  by  the 
prosecution  is  not  sufficient  to  sustain  any  charge'  or  specifica- 
tion. In  receiving  the  evidence,  the  court  shall  be  guided  by  the 
rules  of  evidence  prevailing  in  the  courts  of  this  State. 

At  the  conclusion  of  such  evidence  for  both  parties  in  chief 
and  in  rebuttal,  counsel  for  either  side  may  be  heard  in  argu- 
ment, and  then  the  room  shall  be  cleared  of  all  persons  except 
the  members  of  said  court  and  its  clerks,  when  the  matters  heard 
before  said  court  shall  be  voted  upon  by  a  viva  voce  vote  on  the 
call  of  the  roll  by  said  clerk,  and  such  vote  taken  on  each  charge 
and  specification  separately,  upon  which  a  trial  has  been  had, 
and  all  taken  down  and  recorded  by  the  clerk  of  the  said  court, 
and  if  at  the  end  of  said  vote  it  shall  be  found  that  any  sub- 
stantial charge  or  specification  has  been  sustained,  and  the  de- 
fendant found  guilty  by  two-thirds  of  the  members  of  said  court, 
then  said  court  shall  proceed  to  enter  its  conclusions  of  record, 
together  with  a  judgment  evicting  the  defendant  or  defendants 
from  office. 

§  4.  No  member  of  said  Board  of  Aldermen,  after  the  same 
has  been  organized  into  a  court,  shall  voluntarily  absent  himself 
from  any  sitting  of  said  court,  or  leave  said  court  while  in  ses- 
sion, or  refrain  from  voting  when  called  on  to  do  so,  under  a 
penalty  of  twenty  ($20)  dollars  for  each  offense,  which  may  be 
recovered  by  ordinance  warrant  before  the  police  court  of  the 
city  of  Louisville. 

§  5.  The  clerk  of  said  court  is  hereby  authorized  to  issue 
subpoenas  for  witnesses,  and  subpoenas  duces  tecum  for  needed 


TRIALS.  687 


papers  and  documents  of  a  public  nature  to  the  persons  hav- 
ing such  in  charge.  Said  subpoenas  may  be  served  by  the 
sheriff  of  the  county,  or  any  deputy,  or  a  patrolman,  or  by  such 
person  as  may  be  designated  by  said  clerk  to  serve  the  same. 
If  any  witness  shall  fail  to  attend  in  obedience  to  such  sub- 
poenas, or  depart  without  leave  of  court,  or  avoid  service  of 
such  subpoena,  or,  being  in  attendance,  shall  refuse  to  be  sworn, 
or  refuse  to  answer  proper  questions  propounded  to  him,  then 
such  witness  shall  be  deemed  guilty  of  contempt  of  court  and 
liable  to  be  fined  in  any  amount  not  less  than  five  ($5)  dollars 
nor  more  than  twenty-five  ($25)  dollars,  which  may  be  recov- 
ered by  ordinance  warrant  for  every  such  offense  before  the 
police  court  of  said  city. 

If  such  witness  be  an  officer  of  the  city,  or  any  of  its  depart- 
ments, or  an  employe  thereof,  drawing  a  salary  or  wages  from 
the  city  treasury,  and  shall  offend  as  herein  pointed  out,  then 
his  office  or  employment  shall  cease,  and  no  future  claim  for 
salary,  wages,  or  compensation  shall  be  allowed  or  paid  out  of 
the  treasury. 

§  6.  Said  court  is  hereby  authorized  to  appoint  one  of  the 
oflficial  stenographic  reporters  of  the  Jefferson  Circuit  Court  as 
assistant  clerk  of  said  Board  of  Aldermen.  If  such  stenographic 
reporter  be  so  appointed  he  shall  take  the  proper  oath  of  oflftce 
and  attend  at  all  meetings  of  said  court  and  take  down  notes  of 
all  its  proceedings  in  shorthand,  including  a  record  of  all  the 
evidence  taken  and  votes  by  yeas  or  nays,  and  all  objections 
made  and  exceptions  taken  by  either  party  and  make  three  type- 
written copies  thereof,  one  for  the  use  of  the  court,  and  one  for 
the  use  of  each  party.  At  each  meeting  this  journal  of  the  pre- 
ceding meetings  shall  be  read  in  open  court  and  approved  and 
signed  by  the  presiding  judge,  after  correction  by  the  order  of 
court,  if  needs  be,  and  for  his  services  in  that  behalf  said  assist- 
ant clerk  shall  be  entitled  to  same  compensation  as  for  like  ser- 
vices rendered  in  said  circuit  court,  to  be  paid  by  the  city  of 
Louisville. 

At  all  meetings  of  said  court  where  two-thirds  of  all  members 
of  said  Board  of  Aldermen  are  in  attendance,  that  number  shall 
be  deemed  a  quorum  to  proceed  with  the  trial.  Absentees  at 
any  sitting  may,  after  reading  the  records  of  the  proceedings 
hereinbefore  provided  for,  and  declaring  in   open  court  such 


688 UNDERGROUND  WIRES. 

reading,  resume  their  sitting,  and  continue  to  take  part  in  the 
trial.  Said  court  may,  at  discretion,  allow  all  reasonable  amend- 
ments to  charges  and  specifications,  as  well  as  to  exceptions  or 
answers,  and  at  like  discretion  may  allow  postponement  upon 
the  grounds  in  writing  filed,  verified  by  oath,  but  not  beyond  a 
day  at  a  time  after  the  trial  has  actually  begun. 

§  7.  Said  court  may  appoint  an  officer  for  said  court  to  keep 
order  during  its  sessions,  to  be  styled  "bailiff,"  who  shall  attend 
its  sittings  and  preserve  order  and  decorum,  subject  to  the 
orders  of  said  court,  and  remove  from  the  room  any  disorderly 
person  or  persons  disturbing  the  court  proceedings,  and  for  that 
purpose  may  summon  assistance  from  among  bystanders,  whose 
duty  it  shall  be  to  obey  such  summons.  Said  bailiflf  shall  be  a 
person,  resident  and  legal  voter  in  and  for  said  city,  of  discre- 
tion and  good  character  for  sobriety  and  good  demeanor,  and 
shall  take  an  oath  before  entering  on  the  duties  of  office,  such 
as  is  administered  to  sheriffs,  and,  he  shall  have  power  to  exe- 
cute the  notices,  subpoenas,  and  other  process  of  said  court,  and 
shall  be  paid  for  his  services  by  the  city  of  Louisville  at  the  same 
rate  as  sheriffs  are  paid  for  services  in  the  circuit  courts  of  this 
State. 

§  8.  All  matters,  points,  and  questions  arising  during  said 
trial  shall  be  decided  by  a  majority  vote,  and  any  three  mem- 
bers of  said  court  may  demand  a  yea  and  nay  recorded  vote, 
except,  however,  the  final  vote  on  said  charges  and  specifica- 
tions, in  which  a  vote  of  at  least  eight  members  of  said  court 
shall  be  necessary  to  sustain  any  charge  or  specification.  (Ap- 
proved July  16,  1896.)      (See  also  Witnesses.) 


UNDERGROUND  WIRES. 

When  Required.  » 

AN  ORDINANCE  concerning  telegraph,  telephone  and  electric 
light  and  power  wires  in  the  city  of  Louisville. 
Whereas,  Great  danger  to  human  life  and  property  is  oc- 
casioned by  the  large  number  of  telegraph,  telephone  and  elec- 
tric light  and  power  wires  which  have  been  erected  and  are 
trained,  maintained  and  operated  on,  over  and  along  the  pubhc 
ways  of  the  city  of  Louisville;  and, 


UNDERGROUND  WIRES. 689 

Whereas,  The  existence  of  such  wires  interferes  with  the 
necessary  approach  to  the  buildings  on  said  public  ways  for 
other  purposes,  and  incommodes  the  public  use  of  the  streets 
and  alleys  where  such  wires  are  located;  and, 

Whereas,  Certain  of  the  telegraph,  telephone  and  electric  and 
power  companies  now  operating  their  lines  within  the  city  of 
Louisville,  obtained  the  privilege  to  erect  poles  and  train,  oper- 
ate and  maintain  their  wires  on,  over  and  along  the  public  ways 
of  the  city,  upon  the  condition  and  agreement  that  they  would 
remove  such  wires  and  poles,  and  place  their  wires  under 
ground  when  required  or  directed  to  do  so  by  ordinance  of  the 
General  Council;  and, 

Whereas,  The  Maintenance  of  telegraph,  telephone  and  elec- 
tric light  and  power  poles  and  wires  upon  and  along  the  public 
ways  of  the  city  mars  the  beauty  of  such  public  ways,  and  it 
has  become  entirely  feasible  and  practicable  to  train  and  operate 
electric  wires,  both  low  and  high  tension  systems,  under  ground ; 

Now,  therefore,  in  the  exercise  of  the  police  powers  vested  in 
the  city  of  Louisville, 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  for  the  purpose  of  this  ordinance  as  hereinafter 
provided,  a  district  in  the  city  of  Louisville  is  hereby  defined 
and  shall  hereafter  be  known  and  referred  to  as  "District  A." 

The  said  District  A  shall  be  bounded  as  follows :  On  the  north 
by  the  north  line  of  Main  street ;  on  the  east  by  the  west  line  of 
Floyd  street;  on  the  south  by  the  south  line  of  Broadway,  ex- 
cept between  Second  and  Fifth  street  by  the  south  line  of  York 
street;  on  the  west  by  the  east  line  of  Eighth  street. 

No  telegraph,  telephone  or  electric  light  or  power  poles,  wires, 
tubes  or  cables  or  other  wires  shall  be  thereafter  placed  above 
the  surface  of  any  street,  alley  or  public  place  in  that  portion 
of  the  city  of  Louisville  embraced  within  the  boundaries  of  said 
District  A,  except  the  following,  to-wit: 

(1)  Conductors  placed  inside  of  posts  or  brackets  used  in 
connecting  lamps  and  signal  boxes  on  streets  with  underground 
conductors. 

(2)  Overhead  trolley  wires,  and  wires  and  poles  used  by 
street  railway  or  railroad  companies,  supporting  said  trolley 
wires. 


690  UNDERGROUND  WIRES. 


(3)  Wires,  cables,  tubes  and  other  electrical  conductors  as 
may  be  necessary  for  local  distribution  within  the  boundary  of 
each  city  block  within  said  District  A,  but  not  upon,  across, 
over  or  above  the  surface  of  the  streets  surrounding  the  blocks 
of  and  in  said  District  A  may  be  maintained  overhead  within 
the  confines  of  each  of  said  blocks  in  said  District  A,  but  by 
such  means  and  in  the  manner  as  the  Board  of  Public  Works 
shall  direct  and  under  the  supervision,  rules  and  regulations  of 
said  Board  of  Public  Works. 

Low  potential  signaling  wires  may  be  trained  overhead  across 
street,  in  the  discretion  of  the  Board  of  Public  Works. 

(4)  Such  temporary  poles,  wires  and  appliances  as  may  be 
necessary  to  keep  in  repair  and  maintain  or  extend  and  make 
connections  with  the  lines  now  owned  and  operated  by  telegraph, 
telephone,  electric  light  and  power  companies,  until  such  time 
as  by  the  provisions  of  this  ordinance  such  lines  are  required  to 
be  placed  under  ground  within  District  A, 

§  2.  That  all  conductors,  poles,  wires,  cables  and  other  ap- 
purtenances along  or  across  any  street,  alley  or  public  place  in 
District  A  of  the  city,  described  in  Section  1  of  this  ordinance, 
except 

(a)  Overhead  trolley  wires  used  by  street  railway  or  rail- 
road companies  and  supporting  wires  and  poles  for  the  same; 

(b)  Conductors  placed  inside  of  posts  or  brackets  used  in 
connecting  lamps  and  signal  boxes  on  streets  with  underground 
conductors ; 

(c)  Poles,  wires,  cables,  tubes  and  other  electrical  conductors 
as  may  be  necessary  for  local  distribution,  as  provided  in  Sub- 
section 3,  Section  1,  herein; 

Shall,  prior  to  December  31,  1910,  be  removed,  and  all  wires, 
ducts,  tubes,  cables  and  other  appurtenances  necessary  for  the 
distribution  of  electricity  for  telegraph  or  telephone  service,  or 
for  light  or  power  service,  or  for  any  other  purpose  in  said  Dis- 
trict A,  except  as  heretofore  provided,  shall  be  placed  and  main- 
tained under  ground.  All  poles,  wires,  cables,  tubes  or  other 
appurtenances,  except  as  heretofore  provided,  remaining  above 
ground  in  said  District  A  after  December  31,  1910,  shall  be 
deemed  as  unlawful  obstructions  to,  and  encroachments  upon, 
the  public  ways  of  the  city,  and,  as  such,  the  Board  of  Public 


UNDERGROUND  WIRES. 691 

Works  shall  remove  or  cause  the  same  to  be  removed  at  the  cost 
and  expense  of  the  owner  or  owners  thereof. 

§  3.  That  any  person  or  corporation  which  is  now  duly  au- 
thorized by  law,  or  which  hereafter  may  be  thus  authorized  to 
operate  wires,  tubes  or  cables  conducting,  transmitting  or  em- 
ploying electricity,  including  telegraph  or  telephone  service,  or 
for  any  other  purpose,  along,  over  or  across  any  streets,  alleys 
or  public  places  of  the  city  of  Louisville,  desiring  to  place  wires, 
tubes  or  cables  under  the  surface  of  any  of  the  streets,  alleys 
or  public  places  in  the  city,  is  hereby  authorized,  after  the  pas- 
sage of  this  ordinance,  to  construct  underground  conduits  and 
to  place  and  operate  wires,  tubes  or  cables  under  ground  to  the 
extent  to  which  it  is  so  duly  authorized  to  use  such  streets,  alleys 
or  public  places — but  such  company  must  apply  for  and  receive 
from  the  Board  of  Public  Works  a  permit  to  construct  such  con- 
duits, ducts,  manholes  and  other  appurtenances  as  may  be  re- 
quired for  placing  said  wires,  tubes  or  cables  under  ground; 
which  application  shall  be  accompanied  by  full,  general  and  de- 
tail specifications  and  plans  showing  the  route,  capacity  and 
dimensions  of  said  conduits,  ducts,  manholes  and  other  appur- 
tenances. 

§  4.  That  the  Board  of  Public  Works  is  hereby  authorized 
and  directed  upon  receipt  of  an  application  made  as  provided  in 
Section  3  of  this  ordinance,  which  application  for  placing  exist- 
ing overhead  wires  under  ground  must  be  made  within  five  (5) 
months  after  the  passage  of  this  ordinance  to  promptly  con- 
sider the  matter  of  constructing  conduits,  ducts,  manholes  and 
other  appurtenances  in  the  streets,  alleys  and  public  places 
within  said  District  A  named  in  said  application.  The  Board 
of  Public  Works  shall  consider  all  applications,  statements,  plans 
and  details  presented  and  examine  into  the  space  available  for 
conduits  or  ducts  under  the  streets,  alleys  and  public  places  ap- 
plied for,  and  shall  decide  upon  and  approve  such  plans,  speci- 
fications, materials  and  details  for  construction  of  such  conduits, 
ducts,  manholes,  and  provide  such  conditions  as  in  its  opinion 
the  public  interest  and  needs  of  the  applicant  seem  to  demand, 
and  shall  include  in  the  plants  one  duct  in  each  trench,  and  re- 
serve the  privilege  of  use  of  manholes  and  appurtenances  for 
use  of  the  city  as  it  may  require  for  its  police  and  fire  alarm 
circuits  and  telephone  services  or  other  services  that  the  city 


692 UNDERGROUND  WIRES. 

may  require  or  designate.  Such  ducts,  manholes  and  appurte- 
nances in  connection  therewith  shall  be  constructed  and  main- 
tained by  the  parties  receiving  the  permit,  and  to  be  used  by  the 
city  free  of  charge  or  cost  of  any  kind. 

§  5.  That  all  persons  and  corporations  required  by  the  pro- 
visions of  this  ordinance  to  place  their  wires  under  ground  are 
required  to  begin  the  work  of  constructing  said  conduit  system 
within  one  hundred  and  twenty  (120)  days  after  receiving  a 
permit  from  the  Board  of  Public  Works,  as  provided  in  Section 
3,  and  to  complete  the  work  of  putting  said  wires  under  ground 
and  of  removing  all  poles,  overhead  wires,  appurtenances,  etc., 
from  all  streets,  alleys  and  public  places  in  District  A  on  or  be- 
fore December  31,  1910,  so  that  no  poles,  wires,  cables,  con- 
ductors or  appurtenances  shall  remain  above  ground  upon  any 
of  the  streets,  alleys  or  public  places  in  said  District  A  after 
December  31,  1910,  except  as  provided  in  Section  1,  Subsections 
1,  2  and  3,  and  Section  2,  Subsections  a,  b  and  c  of  this  ordi- 
nance. 

§  6.  That  any  person  or  corporation  desiring  to  make  an  ex- 
cavation in  an  improved  public  street,  alley  or  highway  for  any 
purpose  mentioned  in  this  ordinance,  shall  apply  to  the  Board  of 
Public  Works  for  a  permit,  which  permit  shall  only  be  issued 
after  the  applicant  has  deposited  with  the  city  of  Louisville  the 
sum  of  twenty-five  ($25.00)  dollars  for  each  seventy-five  (75) 
feet  of  trench,  or  fractional  part  of  seventy-five  (75)  feet  to  be 
excavated,  as  a  special  fund  to  be  used  by  the  Board  of  Public 
Works  as  hereinafter  provided,  or  after  bond  in  the  like  amount 
has  been  executed  in  such  form  and  with  sureties  as  the  Board 
of  Public  Works  may  approve,  which  shall  be  renewed  from  time 
to  time  as  said  board  may  direct.  In  making  excavations  in 
improved  streets,  alleys  or  highways  and  in  refilling  all  trenches 
made  in  streets,  alleys  or  highways,  all  work  shall  be  done  as 
directed  by  the  Board  of  Public  Works  and  shall  be  maintained 
for  a  period  of  twelve  (12)  months  after  the  completion  thereof 
to  the  satisfaction  of  the  Board  of  Public  Works.  Whenever  any 
of  the  aforesaid  work  is  not  done  strictly  in  compliance  with  the 
rules  and  regulations  prescribed  by  the  Board  of  Public  Works, 
or  is  not  properly  maintained  for  a  period  of  twelve  (12)  months 
after  the  completion  thereof,  then  the  said  board  shall  cause  all 
such  work  to  be  done  and  the  cost  thereof  shall  be  charged 


UNDERGROUND  WIRES.  693 

against  the  person  or  corporation  in  default.  Whenever  the 
whole  or  part  of  said  deposit  as  provided  in  Section  6  shall  have 
been  expended  for  the  purpose  herein  described,  or  there  is  a 
charge  against  the  bond  therein  provided,  no  new  permit  for 
the  excavation  shall  be  issued  to  the  person  or  corporation  in 
whose  deposit  there  is  a  deficit  or  against  whose  bond  there  is 
a  charge  until  the  fund  is  brought  up  again  by  the  further  deposit 
with  the  City  Treasurer  in  the  sum  of  twenty-five  ($25.00)  dol- 
lars for  each  seventy-five  (75)  feet  of  trench,  or  fractional  part 
of  seventy-five  (75)  feet  excavated,  or  additional  bond  given. 
Whenever  a  person  or  corporation  who  has  a  deposit  with  the 
City  Treasurer  for  the  purpose  of  taking  out  permits  for  exca- 
vations under  this  section,  desires  to  withdraw  the  said  deposit, 
he  shall  notify  the  Board  of  Public  Works,  who  thereupon  shall 
certify  to  the  City  Treasurer  the  amount  of  the  unexpended  bal- 
ance of  said  deposit,  and  the  City  Treasurer  shall  pay  to  said 
person  or  corporation  holding  said  certificate  the  amount  of  such 
unexpended  balance  of  said  deposit  as  shown  by  such  certificate, 
and  take  a  receipt  in  full  thereof,  provided  that  all  excavations 
previously  made  by  such  person  or  corporation  have  been  refilled 
and  all  pavements  repaired  to  the  satisfaction  of  the  Board  of 
Public  Works  and  have  been  maintained  in  good  order  for  at 
least  twelve  (12)  months  after  completion  of  such  work;  and 
likewise  the  amount  of  the  bond  provided  in  this  section  and 
in  Section  11  may  in  like  manner  be  reduced  or  nullified  with 
the  consent  of  the  Board  of  Public  Works.  The  Board  of  Pub- 
lic Works  is  hereby  empowered,  upon  the  granting  of  a  permit, 
to  name  an  inspector,  who  shall  be  paid  by  the  party  or  parties 
receiving  such  permit,  until  all  the  work  of  the  main  conduits 
and  lateral  system  as  contemplated  in  said  permit  has  been  com- 
pleted, and  whose  duty  it  shall  be  to  continually  inspect  and  over- 
see such  work,  and  to  report  to  said  board  any  violations  of  any 
of  the  provisions  of  this  ordinance,  or  any  of  the  rules  or  regu- 
lations prescribed  by  said  board. 

§  7.  All  wires,  conduits,  pipes,  ducts  and  appurtenances  re- 
quired by  this  ordinance  to  be  replaced  under  ground  shall  be 
placed  at  such  depth  that  the  top  of  any  part  of  the  ducts  thereof 
shall  not  be  less  than  two  (2)  feet  below  the  surface  of  the 
street,  avenue,  alley  or  public  place  wherein  they  are  located,  and 
shall  be  so  located  and  constructed  as  not  to  interfere  with  or 


694  UNDERGROUND  WIRES. 


disturb  existing  surface  of  underground  structures,  conduits, 
pipes  or  other  property  belonging  to  other  corporations,  com- 
panies or  persons,  or  sewers  or  sewer  connections.  All  conduits 
shall  be  provided  with  ducts  at  least  fifty  per  cent  in  excess  of 
those  required  to  carry  the  wires  in  use  along  the  route  of  the 
proposed  conduits  at  the  time  of  making  application  for  a  per- 
mit to  construct  same.  Nothing  contained  herein  shall  preclude 
the  city  from  prosecuting  or  authorizing  any  public  work  of 
any  character,  but  in  the  prosecution  of  any  public  work  of  any 
character,  hereafter,  the  Board  of  Public  Works  shall  have  the 
power,  if  it  deem  the  same  necessary,  to  require  the  temporary 
removal  of  any  Wire,  pipe,  conduit  or  appliance  authorized  by 
this  ordinance  to  be  laid,  and  the  same  shall  be  removed  or 
necessary  changes  made  therein  by  the  owner  thereof  so  as  to 
conform  to  any  reasonable  requirement  of  said  board,  and  in 
case  of  failure  on  the  part  of  any  person  or  corporation  to  com- 
ply with  any  such  order  or  requirement,  then  the  said  board  may 
make  such  removal  or  change,  and  the  necessary  cost  thereof 
shall  be  paid  by  said  person  or  corporation  to  the  City  Treasurer 
upon  proper  demand  being  made  therefor. 

§  8.  The  Board  of  Public  Works  shall  grant  permission  to 
any  person  or  corporation  to  connect  drainage  system  from  con- 
duits and  manholes  to  the  city  sewer  system  when  it  is  consid- 
ered desirable  and  practicable.  If  not  practicable,  the  Board 
of  Public  Works  may,  if  it  thinks  that  it  is  advisable,  allow  such 
persons  or  corporation  owning  conduits  to  construct  and  main- 
tain necessary  drains  to  run  under  the  streets  to  some  point 
where  drainage  can  be  obtained. 

§  9.  All  the  expense  connected  with  the  removal  of  poles, 
wires  and  other  appurtenances  and  the  making  good  of  dam- 
ages to  any  person  or  property  in  so  doing,  shall  be  borne  by 
the  parties  obtaining  permits  under  this  ordinance  respectively. 
When  poles  are  removed  from  public  streets,  thoroughfares  or 
alleys,  all  holes  shall  be  filled  up  and  the  sidewalks  and  pave- 
ments placed  in  good  condition  similar  to  the  surrounding  side- 
walk or  pavement  in  a  manner  satisfactory  to  the  Board  of  Pub- 
lic Works. 

§  10.  All  persons  and  corporations  owning  conduits  shall 
obtain  from  the  Board  of  Public  Works  permits  for  each  in- 
dividual connection  with  the  main  conduit  system  along  said 


UNDERGROUND  WIRES. 695 

route  of  said  system.  Written  permission  shall  first  be  obtained 
from  the  owner  of  the  property  to  make  such  excavation  as 
necessary  to  do  the  work  on  his  premises,  and  a  copy  of  this 
permit  shall  be  presented  to  the  Board  of  Public  Works  for  their 
approval,  and,  after  approval,  they  shall  issue  permit  to  open 
street  and  do  necessary  work  therein  for  said  lateral  conduits. 
Such  part  of  any  lateral  or  individual  connection  as  shall  be 
constructed  in  any  street,  alley  or  other  public  place  shall  be 
constructed  at  the  sole  expense  of  the  party  or  corporation 
owning  the  main  conduit. 

§  11.  The  Board  of  Public  Works  is  hereby  authorized  and 
directed  to  grant  permits  to  construct,  alter  and  repair  con- 
duits, ducts,  manholes  and  other  appurtenances  under  the  sur- 
face of  any  street,  alley  or  public  place  within  the  city,  and  to 
string  wires,  tubes  and  cables  therein,  under  the  terms  and  in 
accordance  with ^  the  provisions  of  this  ordinance,  to  any  per- 
son or  corporation  having  the  lawful  authority,  and  to  the  ex- 
tent which  he  or  it  may  have  to  use  the  streets,  alleys  or  public 
ways  of  the  city  for  furnishing  or  using  electricity  for  public 
use,  including  telegraph  or  telephone  services,  on  compliance  by 
such  person  or  corporation  with  the  terms  and  conditions  of  this 
ordinance;  provided  such  person  or  corporation  has  theretofore 
acquired  or  hereafter  may  acquire,  the  ri'ght  to  use  such  streets, 
alleys  or  public  places  for  such  purposes,  and  further  provided 
that  such  person  or  corporation  shall  file  with  the  City  Treasurer 
a  penal  bond  in  the  sum  of  fifteen  thousand  ($15,000.00)  dollars, 
with  good  and  suflScient  surety  or  sureties,  approved  by  ithe 
Board  of  Public  Works,  conditioned  that  such  conduits,  ducts, 
manholes  and  other  appurtenances  shall  be  constructed  in  strict 
accordance  with  the  plans  and  specifications  approved  by  the 
Board  of  Public  Works,  and  that  the  city  shall  be  held  harmless 
from  all  suits  for  damages  which  may  arise  from  the  construc- 
tion of  said  conduits,  ducts,  manholes  and  other  appurtenances ; 
and  conditioned  further,  that  such  person  or  corporation  shall 
faithfully  comply  with  all  the  terms  of  this  ordinance  concerning 
conduits,  ducts,  and  other  appurtenances  and  underground  wires. 
Such  bonds  shall  be  renewed  from  time  to  time  whenever  the 
Board  of  Public  Works  may  so  order,  as  the  condition  for  the 
continued  use  of  the  conduit  privileges  obtained  under  this  ordi- 


696  UNDERGROUND  WIRES. 


nance,  and  any  refusal  to  renew  a  bond  when  so  ordered  shall 
forfeit  all  the  rights  thereunder. 

§  12.  That  whenever  the  plans  as  approved  by  the  Board 
of  Public  Works  require  two  or  more  applicants  for  conduits  to 
use  a  common  trench  or  space  for  conduits  in  any  portion  of  any 
street,  alley  or  other  place,  then  all  such  applicants  shall  carry 
on  work  of  construction  at  such  points  as  nearly  at  the  same 
time  as  may  be  directed  by  said  board  so  as  to  disturb  the  street, 
alley  or  other  public  place  at  such  point  to  the  least  degree  possi- 
ble; and  any  applicant  refusing  or  failing,  without  an  excuse 
satisfactory  to  the  Board  of  Public  Works,  to  carry  on  his  or 
its  work  of  construction  at  such  point  at  the  time  and  in  the 
manner  directed  by  said  board  shall  be  deemed  to  have  waived 
any  right  to  such  trench  or  space  or  conduit  embraced  in  his  or 
its  application. 

§  13.  That  whenever  the  plans,  as  approved  by  the  Board  of 
Public  Works,  require  construction  by  two  or  more  applicants 
for  conduits  on  the  same  street,  alley  or  public  places,  then  the 
Board  of  Public  Works  shall  direct  the  manner  of  constructing 
conduit  as  relative  to  time  when  the  various  parties  or  corpora- 
tions shall  proceed  with  the  work,  and  if  conduits  or  separate 
parties  or  corporations  be  adjacent  to  each  other,  then  one  con- 
duit shall  be  first  completed  and  proper  time  allowed  for  thor- 
ough setting  of  concrete  around  its  ducts  before  trench  is  dug 
for  adjacent  conduit  of  other  party  or  corporation. 

§  14.  That  any  permit  granted  under  this  ordinance  shall  be- 
come void  unless  the  work  therein  authorized  is  begun  within 
one  hundred  and  twenty  (120)  days  after  such  permit  is  issued, 
and  proceeded  with  continuously  and  in  good  faith  to  completion 
within  a  reasonable  time  thereafter. 

§  15.  That  wires  of  low  tension  and  wires  of  high  tension 
shall  occupy  conduits  on  opposite  sides  of  all  streets  and  alleys 
whenever  practicable,  and  all  electric  light  and  power  wires  shall 
be  deemed  of  high  tension  and  all  other  wires  shall  be  deemed  of 
low  tension. 

§  16.  That  every  person  or  corporation  making  application 
to  place  its  wires  underground,  as  provided  in  this  ordinance, 
shall  give  to  the  city  of  Louisville  the  right  to  use  such  poles 
as  may  be  erected  for  local  distribution  or  street  lights  in  any 
part  of  District  A,  whenever  the  city  shall  require  the  same, 


UNDERGROUND  WIRES. 697 

for  the  use  of  the  fire  alarm,  police  or  telephone  systems  of 
the  city,  or  other  city  uses,  to  the  extent  such  use  is  necessary, 
for  such  purposes,  but  such  use  shall  not  exclude  control  and 
use  of  said  poles  by  said  company  for  its  own  purposes. 

§  17.  Plans  showing  all  details  of  conduit  construction  and 
the  disposition  of  all  electrical  conductors  and  apparatus  within 
or  connected  with  the  conduits  shall  be  filed  with  the  Board  of 
Public  Works  promptly  on  the  execution  of  any  work,  so  that 
a  complete  record  of  all  conduits,  with  their  appurtenances  and 
underground  connections,  together  with  the  electrical  conduc- 
tors and  apparatus  installed  in  connection  therewith,  shall  at  all 
times  be  on  file  with  the  said  Board  of  Public  Works. 

§  18.  That  it  shall  be  the  duty  of  the  police  force  of  the  city 
of  Louisville  to  assist  in  the  enforcement  of  this  ordinance,  and 
to  arrest  and  prosecute  any  person  violating  any  of  the  pro- 
visions of  this  ordinance,  or  interfering  with  any  wire,  cable  or 
conduit,  or  disturbing  any  cover  or  lid,  or  manhole,  or  service 
box  for  electric  wires  of  any  kind,  without  the  proper  badge  of 
authority  as  provided  herein. 

§  19.  That  any  person  or  corporation  who  shall  interfere 
with  a  wire,  cable  or  conduit,  or  remove  the  cover  or  lid  of  any 
manhole  or  service-box  for  electric  or  other  wires,  without  having 
a  numbered  badge  of  authority  or  having  actual  authority,  shall 
be  deemed  guilty  of  a  misdemeanor  and  punished  as  hereinafter 
provided. 

§  20.  That  all  persons  or  corporations  having  underground 
conduits  shall  register  with  the  Board  of  Public  Works  the  em- 
ployes whom  they  wish  to  be  recognized  as  authorized  to  open 
manholes  and  service  boxes  for  the  purpose  of  making  repairs 
or  inspection,  and  the  registration  shall  be  kept  by  the  Board  of 
Public  Works,  which  shall,  in  its  discretion,  issue  numbered 
badges  of  authority  upon  the  written  request  and  at  the  expense 
of  the  company  employing  the  person  so  registered,  subject  to 
such  rules  and  regulations  as  said  board  may  prescribe.  The 
said  badge  shall  be  authority  for  six  (6)  months,  or  until  the 
name  of  such  person  is  withdrawn  from  said  registration  by  the 
corporation  or  person  having  registered  it,  unless  sooner  revoked 
by  said  board. 

§  21.  That  it  shall  be" the  duty  of  every  person  and  corpora- 
tion to  take  necessary  precautions  and  see  that  every  open  man- 


698  UNDERGROUND  WIRES. 


hole  or  service  box  opened  by  his  or  its  authority  is  guarded  and 
a  red  flag  signal  is  displayed  by  day  and  a  red  light  signal  dis- 
played by  night  at  such  opening  until  the  cover  is  properly  re- 
stored. Any  person  or  corporation  or  employe  thereof  who  shall 
fail  to  observe  all  or  any  of  the  requirements  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  be  subject  to  a  fine  as  hereinafter  provided. 

§  22.  That  the  Board  of  Public  Works  is  hereby  authorized 
to  issue  permits  to  persons  or  corporations  applying  therefor, 
allowing  such  applicant  to  erect  and  maintain  above  ground  in 
District  A,  subject  to  the  rules,  regulations  and  supervision  of 
said  board,  such  tem.porary  poles,  wires  or  other  appurtenances 
for  telegraph,  telephone  or  electric  light  or  power  uses  as  may 
appear  to  said  board  to  be  necessary  on  special  occasions;  pro- 
vided, however,  that  each  applicant  for  a  permit  under  this  sec- 
tion shall  execute  bond  satisfactory  to  the  Board  of  Public  Works 
that  all  poles,  wires  and  other  appurtenances  erected  under  such 
permit  will  be  erected  and  maintained  strictly  under  the  direc- 
tions of  said  board  and  removed  1:^  said  applicant  within  ten 
days  from  the  expiration  of  said  permit;  and  further  provided, 
that  said  Board  of  Public  Works  shall  not  have  authority  to  issue 
any  permit  for  a  term  of  more  than  thirty  (30)  days'  nor  to 
renew  any  permit  for  the  purpose  of  extending  such  term.  Any 
person  or  corporation  receiving  such  permit  who  shall  violate 
any  rule  or  regulation  of  said  board  shall  be  deemed  guilty  of 
a  misdemeanor  and,  upon  conviction  thereof,  be  subject  to  a  fine 
as  hereinafter  provided. 

§  23.  That  after  the,  passage  of  this  ordinance  the  Board  of 
Public  Works  shall  not  issue  to  any  authorized  applicant  per- 
mission to  occupy  any  special  space  or  begin  work  in  connec- 
tion with  their  application  in  any  part  of  District  A  within  five 
(5)  months  from  date  of  the  passage  of  this  ordinance,  which 
will  allow  all  authorized  applicants  time  to  submit  their  plans 
and  the  board  opportunity  to  consider  the  total  demand  for  space 
from  all  authorized  applicants. 

§  24.  That  any  person  or  corporation  who  shall  violate  any 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  misde- 
meanor and,  upon  conviction  thereof;  shall  be  fined  not  less 
than  ten  dollars    ($10.00)    nor  more  than  one  hundred  dollars 


UNION   LABEL.  699 


($100.00)  for  each  offense,  and  each  day  said  violation  continues 
shall  constitute  a  separate  offense. 

§  25.  That  the  city  of  Louisville  reserves  to  itself  all  rights 
and  powers  which  are  now  or  may  hereafter  be  vested  in  its 
General  Council,  Board  of  Public  Works  or  other  officers  con- 
cerning the  control  and  the  regulation  of  the  use  of  its  streets, 
avenues,  alleys,  highways  and  other  public  places  to  prevent  en- 
cumbering the  same,  to  regulate  and  protect  all  future  uses  of 
same,  and  does  reserve  to  the  fullest  extent  the  right  and  power 
to  exercise  any  and  all  of  its  police  powers  at  any  time,  and 
nothing  contained  herein  shall  be  construed  to,  in  any  wise, 
abridge,  prevent  or  waive  any  such  powers,  nor  shall  any  ex- 
ception herein  be  construed  to  prevent  or  abridge  further  regu- 
lation and  control. 

§  26.  That  it  is  expressly  ordained  and  provided  that  no 
person,  firm  or  corporation  shall,  by  reason  of  compliance  with 
this  ordinance,  acquire  any  rights  or  privileges  other  or  further 
than  herein  specifically  expressed,  and  nothing  herein  contained 
shall  be  construed  as  extending  or  changing  the  terms,  length 
of  time,  or  any  of  the  conditions  of  any  contract  or  agreement 
now  existing  between  the  city  of  Louisville  and  any  person,  firm 
or  corporation. 

§  27.  That  all  ordinances,  or  parts  of  ordinances,  in  conflict 
herewith  shall  be,  and  they  are  hereby  repealed. 

§  28.  That  this  ordinance  shall  take  effect  from  its  passage. 
(Approved  June  18,  1906.) 

(See  also   (2)  Public  Waijs — Construction  or  Repair.) 


UNION  LABEL. 


Prescribing  Use  of,  on  All  Public  Printing. 

AN  ORDINANCE  prescribing  the  use  of  the  union  label  in  cer- 
tain  city  work,   and  providing  for  an  enforcement  of  the 
same. 
Be  it  07'dained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     All    printing,    advertising,    book-binding,    book-making 
and  other  work  of  like  character  used  or  ordered  by  the  city  of 
Louisville,  or  for  which  the  city  of  Louisville,  by  reason  of  its 
fiscal  connection  with  the  county  of  Jefferson,  is  obliged  to  pay 


700 VICE. 

a  large  per  cent  of  the  cost,  shall  bear  the  imprint  of  the  recog- 
nized union  label  of  the  Allied  Printing  Trades  Council  of  Louis- 
ville, Ky.,  as  registered  with  the  Secretary  of  State. 

§  2.  The  City  Buyer  or  any  city  official  when  advertising 
for  printed  matter,  shall  insert  a  notice  in  the  advertisement 
that  all  bids  shall  be  submitted  in  accordance  with  this  ordi- 
nance. 

§  3.  No  claim  presented  to  the  General  Council  of  the  city 
of  Louisville,  in  contravention  with  the  provisions  of  this  ordi- 
nance, shall  be  binding  upon  said  city,  unless  the  same  be  by 
ordinance  setting  forth  clearly  that  the  same  is  directly  con- 
tradictory herewith. 

§  4.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  5.  This  ordinance  shall  take  effect  from  its  passage  and 
publication.     (Approved  January  24,  1898.) 

UNCONSTITUTIONAL— Judge  Miller  has  decided  this  ordinance  in- 
valid in  the  case  of  Davidson  v.  City  of  Louisville,  No.  37395,  Jefferson  Cir- 
cuit Court. 


(1)  VICE. 
Use  of  Public  Vehicles  for  Immoral  Purposes. 

AN  ORDINANCE  to  prohibit  the  owners  and  chauffeurs  of  taxi- 
cabs,  jitney  busses  and  other  vehicles  from  using  the  same  or 
allowing  them  to  be  used  as  a  means  of  aiding  or  promoting 
prostitution  or  illicit  sexual  intercourse  in  bringing  persons 
together  for  such  purpose. 

Be  it  ordained  by  the  Gefieral  Council  of  the  city  of  Louisville: 

§  1.  That  any  owner  or  chauffeur  of  any  taxicab,  jitney  bus 
or  other  vehicle  who  shall  knowingly  use  the  same  or  allow  it  to 
be  used  as  a  means  of  aiding  or  promoting  prostitution  or  illicit 
sexual  intercourse,  or  aid  in  any  way  in  bringing  persons  to- 
gether for  the  purpose  of  prostitution,  or  illicit  sexual  inter- 
course shall  be  fined  not  less  than  ten  dollars  nor  more  than  fifty 
dollars  for  each  offense. 

§  2.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  October  6,  1917.) 


VICE  COMMISSION.  701 


(2)  VICE. 

Prostitution  prohibited  in  Hotels,  Boarding  Houses,  etc. 

AN  ORDINANCE  to  prohibit  prostitution  in  hotels,  ordinaries, 
houses  of  private  entertainment,   boarding  houses,   lodging 
houses  and  other  places. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  Any  person  or  persons  who  shall  own,  keep  or  maintain 
or  who  shall  be  an  inmate  of ;  or  in  any  way  connected  with  a  dis- 
orderly house  or  a  house  of  ill  fame ;  and  any  owner,  proprietor, 
keeper  or  manager  of  any  hotel,  ordinary  or  house  of  private  en- 
tertainment, boarding  house,  lodging  house  or  other  like  place, 
who  shall  knowingly  allow  prostitution  or  illicit  sexual  inter- 
course to  be  carried  on  therein,  and  any  person  who  shall  engage 
■in  prostitution  in  any  such  place  or  in  any  other  place  in  the 
city  of  Louisville,  Kentucky,  shall  be  fined  not  less  than  ten  dol- 
lars nor  more  than  fifty  dollars  for  each  offense.  Every  day  that 
any  person  or  persons  shall  maintain  or  be  an  inmate  of,  or  in 
any  way  connected  with  any  such  disorderly  house,  or  houses  of 
ill  fame,  shall  be  and  constitute  a  separate  offense. 

§  2.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  October  6,  1917.) 


VICE  COMMISSION.* 

AN  ORDINANCE  creating  the  Vice  Commission  of  the  city  of 

Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  there  is  hereby  created  a  commission  of  the  city 
government  to  be  known  as  the  "Vice  Commission,"  which  shall 
consist  of  five  (5)  members  to  be  appointed  by  the  Mayor. 

§  2.  The  Mayor  shall  appoint  a  chairman  of  the  commission 
from  among  its  members.  The  chairman  of  the  commission  shall 
call  meetings  of  the  commission  whenever  he  may  see  fit  and 
whenever  he  shall  be  requested,  in  writing,  so  to  do  by  any 
three  (3)  members  of  the  commission. 

§  3.  The  members  of  the  Vice  Commission  shall  serve  with- 
out compensation. 


"Report  filed  November  10,  1915. 


702  WARD  BOUNDARIES. 


§  4.  It  shall  be  the  duty  of  Vice  Commission  to  inquire 
into  conditions  existing  within  the  limits  of  the  city  of  Louis- 
ville with  reference  to  vice  of  various  forms  including  all  prac- 
tices which  are  physically  and  morally  debasing  and  degrading 
and  which  affect  the  mental  and  physical  welfare  of  the  inhabit- 
ants of  the  city  of  Louisville. 

The  commission  shall,  from  time  to  time,  transmit  reports 
CO  the  Mayor,  said  reports  containing  reviews  of  existing  condi- 
tions as  they  may  be  found,  with  such  recommendations  as  the 
commission  deems  advisable  for  the  suppression  or  amelioration 
thereof. 

§  5.  That  there  be  and  is  hereby  appropriated  out  of  the 
fund  for  "general  purposes"  for  the  fiscal  year  ending  August  31, 
1915,  the  sum  of  two  thousand  ($2,000)  dollars  for  the  pay- 
ment of  the  necessary  expenses  of  the  Vice  Commission,  and  the 
Comptroller  is  hereby  authorized  and  directed  to  draw  vouchers 
for  said  sum  upon  written  order  of  the  chairman  of  the  com- 
mission and  charge  the  sum  or  sums  expended  to  the  account  of 
incidental  expenses. 

§  6.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  February  19,  1915.) 


WARD  BOUNDARIES. 

AN  ORDINANCE  laying  off  the  city  of  Louisville  into  twelve 
wards  as  nearly  equal  as  practicable  in  population,  and  de- 
fining the  boundaries  thereof. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  the  city  of  Louisville  be  and  the  same  is  hereby 
laid  off  into  twelve  wards  as  nearly  equal  as  practicable  in  popu- 
lation, as  follows,  to-wit: 

§  2.  FIRST  WARD — Beginning  at  a  point  where  the  cen- 
ter line  of  Hancock  street,  if  extended,  would  intersect  the  north- 
em  boundary  line  of  the  city;  thence  southwardly  with  center 
line  of  Hancock  street  to  the  center  line  of  Water  street;  thence 
eastwardly  with  the  center  line  of  Water  street  to  the  center  line 
of  Wenzel  street;  thence  southwardly  with  the  center  line  of 
Wenzel  street  to  the  intersection  of  the  center  line  of  Broad- 
way and  the  center  of  line  of  Wenzel  street  extended;  thence 


WARD  BOUNDARIES.  703 


eastwardly  with  the  center  line  of  Broadway  to  the  center  line 
of  Barret  avenue;  thence  southeastwardly  with  the  center  line 
of  Barret  avenue  to  the  old  city  limits  between  Hepburn  and 
Winter  avenues ;  thence  southwestwardly  with  the  old  city  limits 
to  the  Kentucky  street  crossing  of  Beargrass  Creek;  thence  fol- 
lowing the  old  city  limits  in  the  bed  of  Beargrass  Creek  south- 
wardly about  one  thousand  feet;  thence  southwestwardly  with 
the  old  city  limits  and  following  the  bed  of  Beargrass  Creek  in 
its  meanderings  around  by  Fisher  avenue  to  a  point  about  nine 
hundred  feet  north  of  the  southwest  corner  of  St.  Michael's 
Cemetery;  thence  southwardly  with  old  city  limits  touching  the 
southwest  corner  of  St.  Michael's  Cemetery  to  a  point  in  the 
present  city  limits  about  five  hundred  feet  southwest  of  Goss 
avenue,  or  Poplar  Level  Road;  thence  eastwardly  and  following 
the  present  city  limits  in  its  meanderings  to  the  point  of  be- 
ginning. 

§  3.  SECOND  WARD— Bounded  on  the  north  by  the  cen- 
ter line  of  Water  street;  on  the  east  by  the  west  line  of  the 
First  Ward;  on  the  south  by  the  old  city  limits,  running  from 
a  point  in  present  city  limits  about  five  hundred  feet  southwest 
of  Goss  avenue  or  Poplar  Level  Road  just  south  of  the  inter- 
section of  Texas  and  Mulberry  streets,  Lydia  and  Hickory 
streets,  Hoertz  and  Milton  streets,  and  just  north  of  and  parallel 
to  Hill  street  extended,  to  a  point  in  the  center  line  of  Shelby 
street;  on  the  west  by  the  center  line  of  Shelby  street. 

§  4.  THIRD  WARD — Beginning  at  the  intersections  of 
the  center  lines  of  Water  and  Shelby  streets;  thence  south- 
wardly along  the  center  line  of  Shelby  street  to  the  old  city 
limits  just  north  of  Hill  street  extended,  and  just  south  of 
Stonewall  street;  thence  eastwardly  along  the  old  city  limits 
running  a  little  south  of  the  intersections  of  Milton  and  Hoertz 
streets,  Lydia  and  Hickory  streets,  and  Texas  and  Mulberry 
streets,  and  just  north  of  and  parallel  to  Hill  street  extended, 
to  a  point  in  present  city  limits  about  five  hundred  feet  south- 
west of  Goss  avenue,  or  Poplar  Level  Road ;  thence  southwardly 
with  the  present  city  limits  to  the  center  line  of  Shelby  street; 
thence  northwardly  along  the  center  line  of  Shelby  street  to  the 
center  line  of  Bland  street;  thence  northwestwardly  along  the 
center  line  of  Bland  street,  and  Bland  street  extended,  to  the 
intersection  of  Hancock  street  and  the  old  city  limits;  thence 


704 WARD  BOUNDARIES.   ' 

northwardly  along  the  center  line  of  Hancock  street  to  the  cen- 
ter line  of  Water  street;  thence  eastwardly  along  the  center  line 
of  Water  street  to  the  point  of  beginning. 

§  5.  FOURTH  WARD— Beginning  at  a  point  in  the  northern 
boundary  line  of  the  city  where  the  same  would  be  intersected 
by  the  center  line  of  Hancock  street  extended;  thence  south- 
wardly with  the  center  line  of  Hancock  street  to  the  old  city 
limits  lying  just  north  of  Hill  street;  thence  with  the  old  city 
limits  running  just  north  of  and  parallel  to  Hill  street,  and  Hill 
street  extended,  to  the  center  line  of  Preston  street;  thence 
northwardly  with  the  center  line  of  Preston  street  to  northern 
boundary  line  of  the  city,  thence  with  the  northern  boundary  line 
of  the  city  to  the  point  of  beginning, 

§  6.  FIFTH  WARD — Beginning  at  a  point  in  the  northern 
boundary  line  of  the  city  where  the  same  would  be  intersected 
by  the  center  line  of  Preston  street  extended ;  thence  southward- 
ly with  the  center  line  of  Preston  street  to  the  old  city  limits 
lying  just  north  of  Hill  street,  and  Hill  street  extended;  thence 
eastwardly  with  the  old  city  limits  lying  just  north  of  and  paral- 
lel to  Hill  street,  and  Hill  street  extended,  to  Hancock  street  and 
Bla,nd  street  extended;  thence  southeastwardly  with  Bland 
street  extended  and  Bland  street  to  the  center  line  of  Shelby 
street  to  -the  present  city  limits ;  thence  southwardly  with  the 
center  line  of  Shelby  street  to  the  present  city  limits;  thence 
westwardly  with  the  present  city  limits  to  the  center  line  of  Flat 
Lick  Road;  thence  westwardly  to  a  point  in  the  old  city  limits 
being  the  most  eastern  point  in  the  grounds  of  the  School  of 
Reform,  and  the  center  line  of  Shipp  street,  and  Shipp  street 
extended ;  thence  northwestwardly  along  Shipp  street,  with  the 
old  city  limits,  to  a  point  midway  between  First  and  Second 
streets,  thence  northwardly  with  the  old  city  limits  through  the 
grounds  of  Masonic  Home  to  a  point  two  hundred  feet  west  of 
First  street  and  two  hundred  feet  north  of  A  street;  thence 
eastwardly  with  the  old  city  limits  two  hundred  feet  to  the 
center  line  of  First  street;  thence  northwardly  with  the  center 
line  of  First  street,  and  First  street  extended,  to  the  northern 
boundary  line  of  city;  thence  eastwardly  with  the  northern 
boundary  line  of  the  city  to  the  point  of  beginning, 

§  7,  SIXTH  WARD— Beginning  at  a  point  in  the  northern 
boundary  line  of  the  city  where  the  same  would  be  intersected 


WARD  BOUNDARIES.  705 


by  the  center  line  of  First  street  extended;  thence  southwardly 
with  the  center  line  of  First  street  to  the  old  limits;  thence 
westwardly  with  the  old  city  limits  two  hundred  feet  to  a  point 
two  hundred  feet  north  of  A  street;  thence  southwardly  with 
the  old  city  limits  to  a  point  in  the  center  line  of  Shipp  street, 
midway  between  First  and  Second  streets;  hence  southeast- 
wardly  along  the  old  city  limits  and  Shipp  street,  to  a  point  being 
the  most  eastern  point  in  the  grounds  of  the  School  of  Reform; 
thence  eastwardly  along  the  south  boundary  of  the  Fifth  Ward 
to  a  point  in  Flat  Lick  Road  and  present  city  limits;  thence 
southwestwardly  with  the  present  city  limits  to  -a  point  where 
the  same  is  intersected  by  the  Louisville  &  Nashville  Railroad; 
thence  northwardly  along  the  line  of  said  road  to  the  center  line 
of  Third  street ;  thence  northwardly  with  the  center  line  of  Third 
street  to  a  point  in  the  northern  boundary  line  of  the  city  where 
the  same  would  be  intersected  by  the  center  line  of  Third  street 
extended;  thence  eastwardly  along  the  northern  boundary  line 
of  the  city  to  the  point  of  beginning. 

§  8.  SEVENTH  WARD— Beginning  at  a  point  in  the 
northern  boundary  line  in  the  city  where  the  same  would  be 
intersected  by  the  center  line  of  Third  street  extended;  thence 
southwardly  along  the  center  line  of  Third  street  to  where  the 
same  is  intersected  by  the  main  stem  of  the  Louisville  &  Nash- 
ville Railroad;  thence  southeastwardly  along  the  line  of  said 
road  to  the  present  city  limits ;  thence  southwardly  with  the  city 
limits  to  where  the  same  is  intersected  by  the  National  Turn- 
pike road;  thence  northwardly  with  the  National  Turnpike 
road  and  the  city  limits  to  the  center  line  of  Fourth  street; 
thence  northwardly  with  the  center  line  of  Fourth  street  and  the 
city  limits  to  the  south  line  of  P  street ;  thence  westwardly  with 
the  city  limits  to  Seventh  street;  thence  northwardly  along 
the  center  line  of  Seventh  street  and  the  city  limits  to  the  north- 
ern line  of  L  street;  thence  northeastwardly  to  a  point  midway 
between  L  street  and  K  street  extended  and  Fifth  and  Sixth 
streets,  being  the  most  southern  point  in  the  old  city  limits; 
thence  northwestwardly  with  the  line  of  the  old  city  limits  to 
a  point  about  one  hundred  feet  from  the  intersections  of  Fourth 
and  Brandeis  streets;  thence  with  the  old  city  limits  northwest- 
wardly to  a  point  where  the  same  would  be  intersected  by  Fifth 
street    extended    between    Avery    and    Bloom    streets;    thence 


706  WARD  BOUNDARIES. 


northwardly  through  the  center  line  of  St.  James  Court,  con- 
tinuing in  a  straight  line  through  Central  Park,  and  the  center 
line  of  Garvin  Place,  to  the  center  line  of  St.  Catherine  street; 
thence  eastwardly  along  the  center  line  of  St.  Catherine  street 
to  the  center  line  of  Fifth  street,  thence  northwardly  along  the 
center  line  of  Fifth  street  to  the  northern  boundary  line  of  the 
city;  thence  eastwardly  along  said  boundary  line  to  the  point  of 
beginning. 

§  9.  EIGHTH  WARD— Beginning  at  a  point  in  the  north- 
ern boundary  line  of  the  city  where  the  same  would  be  inter- 
sected by  the  center  line  of  Fifth  street  extended ;  thence  south- 
wardly along  the  center  line  of  Fifth  street  to  the  center  line  of 
St.  Catherine  street;  thence  westwardly  to  the  center  line  of 
Garvin  Place;  thence  southwardly  along  the  center  line  of  Gar- 
vin Place  continuing  in  a  straight  line  through  Central  Park, 
and  along  the  center  line  of  St.  James  Court,  and  continuing 
in  a  straight  line  until  the  same  would  be  intersected  by  the  line 
of  the  old  city  limits  between  Bloom  and  Avery  avenues ;  thence 
northwestwardly  along  the  center  line  of  the  old  city  limits, 
and  parallel  to  Shipp  street,  and  Shipp  street  extended,  to  the 
center  line  of  Seventh  street;  thence  northwardly  along  the  cen- 
ter line  of  Seventh  street  to  the  northern  boundary  line  of  the 
city;  thence  eastwardly  with  said  boundary  line  to  the  point  of 
beginning. 

§  10.  NINTH  WARD— Bounded  on  the  north  by  the  northern 
boundary  line  of  the  city;  on  the  east  by  the  western  boundary 
line  of  the  Eighth  Ward ;  on  the  south  by  the  old  city  limits  lying 
just  north  of  Jarvis  avenue  and  running  westwardly  from  the 
center  line  Seventh  street  to  a  point  two  hundred  and  ten  feet 
west  of  Seventh  street;  thence  northwardly  parallel  to  Seventh 
street  to  a  point  midway  between  Hill  and  Magnolia  avenue; 
thence  westwardly  with  the  old  city  limits  to  the  center  line  of 
Tenth  street,  or  Tenth  street  extended ;  on  the  west  by  the  center 
line  of  Tenth  street,  or  Tenth  street  extended. 

§  11.  TENTH  WARD— Bounded  on  the  north  by  the  north- 
ern boundary  line  of  the  city;  on  the  east  by  the  center  line  of 
Tenth  street,  or  Tenth  street  extended;  on  the  south  by  the  old 
city  limits,  running  parallel  to  and  about  one  hundred  and  fifty 
feet  south  of  Burnett  avenue ;  on  the  west  by  the  center  line  of 
Fourteenth  street. ' 


WARD   BOUNDARIES.  707 


§  12.  ELEVENTH  WARD— Beginning  at  a  point  in  the 
northern  boundary  line  of  the  city  where  the  same  would  be 
intersected  by  the  center  line  of  Fourteenth  street  extended; 
thence  southwardly  with  the  center  line  of  Fourteenth  street  to 
the  city  limits  about  one  hundred  and  fifty  feet  south  of  Bur- 
nett avenue;  thence  eastwardly  with  the  old  city  limits  running 
about  one  hundred  and  fifty  feet  south  of  and  parallel  to  Bur- 
nett avenue  to  a  point  two  hundred  and  ten  feet  west  of  Seventh 
street ;  thence  southwardly  with  the  old  city  limits  running  paral- 
lel to  Seventh  street  to  a  point  two  hundred  and  ten  feet  west 
of  Seventh  street,  and  in  the  line  of  Jarvis  avenue  extended; 
thence  southeastwardly  with  the  old  city  limits  running  paral- 
lel to  Shipp  street  to  a  point  about  one  hundred  feet  from  the 
intersection  of  Fourth  and  Brandeis  streets;  thence  southwest- 
wardly  with  the  old  city  limits  to  the  moist  southern  point  in 
the  old  city  limits,  lying  midway  between  L  street  and  K  street 
extended,  and  Fifth  and  Sixth  streets;  thence  southwestwardly 
to  a  point  in  the  center  line  of  Seventh  street,  and  the  northern, 
boundary  of  L  street,  said  point  being  on  the  present  city  limits ; 
thence  northwardly  and  westwardly  following  the  present  city 
limits,  to  a  point  where  the  center  line  of  Sixteenth  street  ex- 
tended would  intersect  said  limits;  thence  northwardly  along 
the  center  line  of  Sixteenth  istreet  extended  to  a  point  in  the  city 
limits  lying  about  one  hundred  and  fifty  feet  south  of  Burnett 
avenue ;  thence  westwardly  along  the  old  city  limits  running  near 
Burnett  avenue  to  the  intersection  of  the  old  city  limits  and  the 
center  line  of  Twenty-first  street,  same  being  near  Foree  avenue ; 
thence  northwardly  and  following  the  center  line  of  Twenty- 
first  street  and  Twenty-first  street  extended,  to  center  line  of 
Portland  avenue ;  thence  southeastwardly  along  the  center  line 
of  Portland  avenue  to  the  center  line  of  Eighteenth  street,  thence 
northwardly  along  the  center  line  of  Eighteenth  street  to  the 
northern  boundary  line  of  the  city;  thence  eastwardly  with  said 
boundary  line  to  the  point  of  beginning. 

§  13.  TWELFTH  WARD— Beginning  at  a  point  in  the  north- 
ern boundary  line  of  the  city  where  the  same  would  be  inter- 
sected by  the  center  line  of  Eighteenth  street  extended;  thence 
southwardly  along  the  center  line  of  Eighteenth  street  to  the 
center  line  of  Portland  avenue;  thence  westwardly  along  the 
center  line  of  Portland  avenue  to  the  center  line  of  Twenty-first 


708  WARRANTS. 


street;  thence  southwardly  along  the  center  line  of  Twenty-first 
street,  and  Twenty-first  street  extended  to  the  intersection  of 
the  old  city  limits,  being  near  Foree  avenue;  thence  eastwardly 
along  the  line  of  the  old  city  limits  running  parallel  to  and  near 
Burnett  avenue  to  the  center  line  of  Sixteenth  street  extended; 
thence  southwardly  along  the  center  line  of  Sixteenth  street  ex- 
tended to  a  point  where  it  would  intersect  the  present  city  limits ; 
thence  westwardly  and  following  the  present  city  limits  in  its 
meanderings  to  the  point  of  beginning. 

§  14.  That  all  ordinances  and  parts  of  ordinances  in  conflict 
with  this  ordinance,  be  and  the  same  are  hereby  repealed. 

§  15.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage.     (Approved  May  27,  1902.) 


WARRANTS. 

Interest  on  City  Warrants  and  Notes. 

AN  ORDINANCE  concerning  the  payment  of  the  principal  and 
interest  of  city  warrants  and  notes. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  That  all  warrants  of  the  city  of  Louisville,  the  issue 
of  any  fiscal  year,  that  remain  unpaid  three  months  after  their 
date,  shall  be  interest-bearing  at  the  rate  of  6  per  cent  per 
annum  from  the  expiration  of  said  period  of  three  months  until 
paid;  provided,  such  warrants  shall  have  been  duly  presented 
for  payment  to  the  City  Treasurer,  and  payment  thereof  refused 
on  account  of  no  funds  in  the  treasury. 

§  2.  That  interest  on  all  outstanding  warrants,  the  issue  of 
any  fiscal  year,  shall  be  chargeable  to  and  payable  out  of  any 
sum  appropriated  for  that  purpose  by  the  General  Council  from 
the  fund  created  by  the  levy  for  general  purposes  of  any  cur- 
rent fiscal  year. 

§  3.  That  whenever  the  holder  of  a  city  warrant,  issue  of 
any  fiscal  year,  presents  a  claim  for  interest  thereon  to  the  City 
Comptroller,  said  Comptroller  shall  ascertain  the  amount  of 
interest  thereon  from  the  expiration  of  three  months  after  the 
date  of  its  issue,  or  from  the  date  of  tjae  last  previous  payment 
of  interest  thereon,  and  shall  register  such  claim  for  interest 
in  a  book  kept  by  him  for  that  purpose,  and  prepare  a  claim  or 


WARRANTS.  709 


voucher  for  the  amount  of  interest  due.  The  City  Auditor  shall 
issue  to  the  holder  of  said  voucher  his  warrant  drawn  upon  the 
City  Treasurer  for  the  amount  of  said  interest.  Upon  the  pres- 
entation to  the  City  Treasurer  for  such  original  and  interest 
warrants  said  Treasurer  shall  pay  said  interest  warrant  to  the 
holder  thereof,  and  shall  stamp  upon  said  original  warrant  (if 
not  then  also  paid),  over  his  official  signature,  in  substance: 

"Interest  paid  to  day  of ;"  and  shall  redelivei; 

said  original  warrant  (if  not  then  paid)  to  the  holder  who  thus 
presented  the  same. 

§  4.  That  from  and  after  the  passage  and  publication  of 
this  ordinance  the  City  Auditor  shall  stamp  over  his  official 
signature,  or  have  engraved  on  the  face  of  each  and  every  city 
warrant  to  be  issued  by  said  Auditor  the  following  words,  viz: 
"This  warrant  shall  not  bear  interest  until  the  expiration  of 
three  months  after  its  date." 

§  5.  That  all  outstanding  city  warrants,  the  issue  of  any 
fiscal  year,  shall  be  hereafter  subject  to  the  call  of  the  City 
Treasurer  at  any  time  for  payment,  either  by  written  or  printed 
notice  to  the  holder  or  holders  thereof,  or  by  three  publications 
in  successive  issues  in  the  two  daily  papers  which  are  at  the 
time  doing  official  advertising  of  the  city,  as  required  by  law, 
and  upon  the  failure  or  refusal  of  such  holder  or  holders  of 
such  warrant  or  warrants  to  present  the  same  for  payment  on 
or  before  the  date  fixed  in  such  notice  or  advertisement  call  by 
the  City  Treasurer,  interest  on  said  warrant  or  warrants  shall 
cease  from  and  after  the  date  fixed  in  such  notice  or  call. 

§  6.  That  in  the  month  of  February  of  each  year  the  Comp- 
troller shall,  by  notice  in  the  official  newspapers,  or  by  written 
or  printed  notice  sent  to  the  holder  or  holders  of  outstanding 
interest-bearing  warrants,  call  for  all  such  warrants  to  be  pre- 
sented to  him  at  his  office  for  the  purpose  of  registering  and 
computing  the  interest  on  said  warrants  to  the  first  day  of 
March  following  as  provided  for  in  Section  7  of  this  ordinance. 

§  7.  That  interest  on  all  outstanding  city  warrants,  the  issue 
of  any  fiscal  year,  shall  be  due  and  payable  on  Marcb  first  of 
each  fiscal  year  at  the  office  of  the  City  Treasurer;  provided, 
however,  that  this  provision  shall  not  apply  to  the  interest  due 
and  payable  on  any  warrant  or  warrants  when  the  Treasurer 
shall  have  paid  in  full  such  original  warrant  or  warrants  to  any 


710  WATER  SUPPLY. 


holder  or  holders  thereof  under  the  call  of  the  Treasurer,  as  pro- 
vided for  in  Section  5  of  this  ordinance. 

§  8.  That  all  ordinances  and  resolutions  of  the  General  Coun- 
cil in  conflict  with  this  ordinance  are  hereby  repealed. 

§  9.  That  this  ordinance  shall  be  in  force  from  and  beginning 
with  September  1,  1902.     {Approved  August  25,  1902.) 

(See  also  Claims;  Apportionment  Warrants.) 


WATER  SUPPLY. 

City  Water  to  be  Piped  to  all  Premises. 

AN  ORDINANCE  providing  for  the  piping  of  city  water  to  all 

premises. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  Every  dwelling,  business  establishment  or  other  place 
within  the  city  of  Louisville  in  which  people  live  or  transact 
business,  and  wherever  the  city  water  supply  abuts  the  prop- 
erty, shall  have  city  water  piped  into  the  premises  at  the  expense 
of  the  owner,  occupant  or  agent,  in  order  that  a  safe  supply  of 
drinking  water  may  be  constantly  available. 

§  2.  Any  person  or  persons  violating  or  assisting  in  the  vio- 
lation of  this  ordinance  shall,  upon  conviction,  be  fined  not  less 
than  five  ($5)  dollars  or  more  than  fifty  ($50)  dollars,  and  each 
day's  continuance  shall  constitute  a  separate  offense. 

§  3.  All  ordinances  or  parts  of  ordinances  in  conflict  herewith 
are  hereby  repealed. 

§  4.  This  ordinance  shall  take  effect  six  months  after  its  pas- 
sage.    {Approved  October  6,  1917.) 


WEEDS. 

Removal  of  Weeds,  Garbage,  etc. 

AN  ORDINANCE  requiring  the  removal  of  weeds  and  filth  from 

lots  in  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.     That  hereafter  it  shall  be  unlawful  for  the  owner,  agent 
or  occupant  of  a  lot  whereon  a  building  of  any  kind  may  exist, 


WEEDS  AND  STAGNANT  WATER.  711 

or  the  owner  or  agent  in  charge  of  any  vacant  lot  within  the 
corporate  limits  of  the  city  of  Louisville,  to  permit  any  growth 
of  weeds,  which  are,  or  may  become  a  menace  to  the  public 
health,  or  collection  of  garbage  or  filth  of  any  description  to  re- 
main on  the  lot  aforesaid  for  a  longer  period  than  three  days 
after  notice  to  remove  same  has  been  given  by  the  Health  De- 
partment of  the  city  of  Louisville  to  the  owner,  agent  or  occu- 
pant thus  offending. 

§  2.  For  any  violation  of  the  provisions  of  this  ordinance  by 
the  owner,  agent  or  occupant  of  the  property  the  person  guilty 
thereof  shall  be  fined  not  less  than  $5.00  nor  more  than  $20.00 
for  each  offense,  and  each  and  every  day  of  such  violation  shall 
constitute  a  separate  offense  and  be  punishable  as  such. 

§  3.  That  all  ordinances  or  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed. 

§  4.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    {Approved  May  2,  1906.) 

(See  also  (5)  Public  Ways — Use  and  Protection;  Garbage; 
Sanitation. ) 


WEEDS  AND  STAGNANT  WATER. 
Removal  of  Weeds,  Stagnant  Water,  etc. 

AN  ORDINANCE  to  prevent  the  breeding  of  mosquitoes  in  the 

city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 

§  1.  It  shall  be  unlawful  to  maintain  any  vacant  lot  or  other 
premises  within  the  municipality  of  Louisville  on  which  the  rub- 
bish is  allowed  to  accumulate,  weeds  or  long  grass  is  allowed 
to  grow,  or  any  water  is  allowed  to  collect  and  lie  stagnant,  in 
which  mosquitoes  breed,  or  are  likely  to  breed,  and  any  such 
premises  or  vacant  lot  on  which  such  rubbish,  weeds,  long  grass 
or  stagnant  water  is  allowed  to  remain  is  hereby  declared  a  nui- 
sance and  dangerous  to  the  health  of  the  people  in  the  city  of 
Louisville. 

§  2.  The  collection  of  water  referred  to  in  Section  1  of  this 
ordinance  shall  be  held  to  be  those  contained  in  ditches,  ponds, 
pools,  excavations,  holes,  depressions,  open  cesspools,  privy 
vaults,  fountains,  cisterns,  tanks,  shallow  w^ells,  barrels,  troughs, 


712  WEEDS  AND  STAGNANT  WATER. 

except  horse  troughs  in  frequent  use,  eaves  troughs,  urn  cans, 
boxes,  bottles,  tubs,  buckets  or  other  similar  containers. 

§  3.  The  method  of  treatment  of  the  collection  of  water  speci- 
fied in  Section  2,  so  as  to  prevent  the  breeding  of  mosquitoes, 
shall  be  any  one  or  more  of  the  following:  (a)  Screening  with 
wire  netting  of  at  least  16  meshes  to  the  inch  each  way  or  any 
other  material  which  would  prevent  the  ingress  or  egress  of  mos- 
quitoes; (b)  complete  emptying  every  seven  days  of  the  un- 
screened containers;  (c)  using  a  larvicide  approved  by  and  ap- 
plied under  the  direction  of  the  Health  Department;  (d)  cover- 
ing completely  every  seven  days  the  surface  of  the  water  with 
paraffin  oil,  kerosene  or  petroleum  in  sufficient  quantities  to  re- 
main covered  at  least  twelve  hours  each  time ;  (e)  cleaning  and 
keeping  sufficiently  free  from  vegetable  growth  and  other  ob- 
structions, and  stocking  with  mosquito-destroying  fish,  absence 
of  half-grown  or  larger  mosquito  larvae  to  be  evidence  of  com- 
pliance with  this  measure;  (f)  filling  or  draining  to  the  satisfac- 
tion of  the  Health  Department;  (g)  the  removal  of  tin  cans,  tin 
boxes,  broken  or  empty  bottles  and  similar  articles  likely  to  hold 
water  at  least  once  in  seven  days.  If  not  removed  it  must  be  so 
completely  destroyed  as  not  to  be  able  to  hold  water. 

§  4.  The  natural  presence  of  mosquito  larvae  in  standing  or 
running  water  shall  be  evidence  that  mosquitoes  are  breeding 
there,  and  failure  to  prevent  such  breeding  within  twenty-four 
hours  or  such  reasonable  period  as  may  be  specified  in  writing 
by  the  Health  Department  shall  be  deemed  a  violation  of  this 
ordinance  and  regulation. 

§  5.  Should  a  person  or  persons  responsible  for  conditions 
giving  rise  to  the  breeding  of  mosquitoes  fail  or  refuse  to  take 
necessary  measures  to  prevent  the  same  within  twenty-four 
hours  of  such  reasonable  period  as  may  be  specified  in  writing 
by  the  Health  Department,  the  Health  Department  is  hereby 
authorized  to  do  so,  and  all  necessary  costs  incurred  by  the 
Health  Department  shall  be  a  charge  against  the  property  owner 
or  other  person  offending  as  the  case  may  be. 

§  6.  The  Health  Department  shall  enforce  the  provisions  of 
this  ordinance,  and  for  this  purpose  may  at  all  reasonable  times 
enter  in  and  upon  any  premises  within  its  jurisdiction  and  any 
person  or  persons  charged  with  any  of  the  duties  imposed  by 
this  ordinance  failing  within  the  time  specified  by  the  Health 
Department  to  comply  with  any  order  thereof  to  comply  with 


WEIGHTS  AND  MEASURES.  713 

this  ordinance,  shall  be  deemed  guilty  of  a  violation  and  each 
day  after  the  expiration  of  this  time  that  said  person  fails  to 
comply  with  this  ordinance  shall  be  deemed  a  separate  offense 
of  this  ordinance. 

§  7.  The  owner  of  the  premises,  and  in  his  absence  the  agent 
or  occupant,  shall  be  held  under  this  ordinance  to  be  responsible 
for  the  prevention  or  correction  of  conditions  giving  rise  to  the 
breeding  of  mosquitoes ;  provided  any  tenant,  trespasser  or  other 
person  causing  said  condition  without  the  consent  of  the  owner 
or  agent  shall  be  held  responsible  therefor. 

§  8.  Any  person  or  persons  violating  or  assisting  in  the  vio- 
lation of  any  part  or  parts  of  this  ordinance  shall,  upon  convic- 
tion, be  fined  not  less  than  five  ($5)  dollars  or  not  more  than 
twenty   ($20)   dollars. 

§  9.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  10.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  October  6,  1917.) 

(See  also  Garbage.) 


(1)  WEIGHTS  AND  MEASURES. 

General  Provisions. 

AN  ORDINANCE  providing  for  an  Inspector  of  Weights  and 
Measures,  and  one  or  more  deputies,  prescribing  their  duties, 
and  prescribing  penalties  for  the  punishment  of  persons  who 
use  or  have  in  their  possession  defective  or  imperfect 
weights  or  measures. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.  STANDARD  DEFINED — The  weights,  measures  and 
balances  received  from  the  Government  of  the  United  States,  and 
now  in  the  custody  of  the  Secretary  of  State,  shall  be  the  stand- 
ard of  weights  and  measures  in  the  city  of  Louisville. 

§  2.  USE  OR  POSSESSION  OF  ILLEGAL  WEIGHTS  OR 
MEASUSES — Any  person,  firm  or  corporation  who  shall  buy  or 
sell  by  any  weight,  balance  or  measure,  not  approved  by  the  in- 
spector or  one  of  the  deputy  inspectors  of  weights  and  measures 
of  the  city  of  Louisville,  as  herein  provided,  or  who  shall  use  or 


714 WEIGHTS  AND  MEASURES. 

have  in  possession  defective  or  imperfect  weights  or  measures, 
shall  be  fined  not  less  than  $10.00  nor  more  than  $100.00  for  each 
offense. 

§  3.  INSPECTOR— SALARY  AND  DUTIES— There  is 
hereby  created  the  office  of  Inspector  of  Weights  and  Measures 
of  the  city  of  Louisville,  who  shall  be  appointed  by  the  Mayor 
immediately  after  the  adoption  of  this  ordinance,  and  who  shall 
hold  his  office  subject  to  removal  at  the  pleasure  of  the  Mayor. 
Said  inspector  shall,  before  entering  upon  the  duties  of  his 
office,  execute  a  bond  to  the  city  of  Louisville  in  the  sum  of  five 
thousand  ($5,000.00)  dollars  with  sufficient  surety  to  be  ap- 
proved by  the  Mayor  and  the  General  Council,  conditioned  upon 
the  faithful  performance  of  his  duties.  Said  inspector  shall  re- 
ceive a  salary  of  one  hundred  and  twenty-five  ($125.00)  dollars 
per  month,  and  no  fee  of  any  kind  shall  be  charged  or  received 
by  him.  It  shall  be  the  duty  of  said  inspector  to  inspect  and 
examine  or  cause  to  be  inspected  or  examined  at  least  once  in 
each  year,  and  oftener,  if  possible,  all  weights,  measures,  scale 
beams,  patent  appliances  and  steelyards,  and  other  instruments 
used  for  weighing  or  measuring  in  the  city  of  Louisville,  and  to 
stamp  with  a  suitable  seal  all  weights  and  measures  and  scales 
so  used,  which  may  be  found  correct,  and  deliver  to  the  owner 
thereof  a  certificate  of  their  accuracy.  He  shall  make  a  register 
of  all  weights,  measures,  scales,  beams,  patent  appliances,  steel- 
yards, and  other  instruments  used  for  weighing,  inspected  and 
sealed  by  him  or  his  deputy,  in  which  he  shall  state  the  names 
of  the  owners  of  the  same,  and  whether  they  are  conformable  to 
the  standards  of  the  city  and  State.  It  shall  be  his  duty  to  en- 
force this  ordinance  against  any  person,  firm  or  corporation 
that  shall  violate  any  of  its  provisions  by  causing  warrants  to 
be  issued  against  any  person  who  uses  fraudulent  or  unsealed 
weights  or  measures,  gauges,  or  balances,  or  who  in  any  manner 
violate  any  of  the  provisions  of  this  ordinance.  He  shall  report 
to  the  Mayor  quarterly  and  oftener,  if  required  by  him,  the 
names  of  all  persons  whose  weights,  measures,  scale  beams, 
patent  appliances,  steelyards  or  other  instruments  used  for 
weighing  he  has  inspected,  and  whether  found  to  be  correct  or 
incorrect.  The  said  inspector  shall  examine,  inspect  and  seal  all 
weights,  measures,  scale  beams,  patent  appliances,  and  steel- 
yards, and  other  instruments  used  for  weighing  at  the  stores 


WEIGHTS  AND  MEASURES.  715 

and  places  where  the  same  may  be  found,  but  in  case  they,  or 
any  of  them,  shall  be  found  not  conformable  to  the  standard  of 
this  city  and  State,  they  shall  be  "condemned  for  repairs,"  and 
the  owner  or  user  of  same  shall  have  them  repaired  and  cor- 
rected within  ten  days,  and  they  may  neither  use  nor  dispose  of 
same  in  any  way,  but  shall  hold  same  at  the  disposal  of  the 
sealer.  Any  weights,  measures,  or  weighing  or  measuring  de- 
vices which  have  been  "condemned  for  repairs"  and  have  not 
been  repaired  as  required  above,  shall  be  confiscated  by  the  in- 
spector or  any  of  his  deputies.  Said  inspector  or  any  deputy 
inspector  shall  have  the  power  and  it  shall  be  his  duty,  to  seize 
and  remove  from  the  premises  where  found  all  erroneous 
weights  and  measures,  which  cannot  be  regulated,  or  such 
fraudulent  weights  and  measures  as  he  may  need  for  evidence 
in  any  action  of  law  that  may  be  brought  against  the  party  or 
parties  in  whose  possession  same  are  found. 

§4.  DEPUTY  INSPECTOR— SALARY  AND  DUTIES— 
There  is  also  hereby  created  the  positions  of  deputies  not  to  ex- 
ceed two  (2)  in  number,  to  the  Inspector  of  Weights  and  Meas- 
ures, who  shall  be  appointed  by  the  Mayor,  and  who  shall  hold 
their  offices  subject  to  removal  by  the  Mayor.  Said  deputies  shall 
render  such  services  as  required  by  the  inspector,  and  said 
deputies  shall  have  authority  to  inspect  or  seal  any  weights, 
measures,  scales,  beams,  patent  appliances,  steelyards  or  other 
instruments  used  for  weighing  or  measuring  in  the  city  of 
Louisville.  Said  deputies  shall  receive  a  salary  not  in  excess  of 
seventy-five  ($75,00)  dollars  per  month,  and  no  fee  of  any  kind 
shall  be  charged  or  received  by  them.  Said  deputies  shall  fur- 
nish bond  in  the  sum  of  one  thousand  ($1,000.00)  dollars  each, 
to  be  approved  bj^  the  Mayor  and  General  Council. 

§  5.  WEIGHTS,  ETC.,  TO  BE  SHOWN  INSPECTOR— Any 
person,  firm  or  corporation  refusing  to  exhibit  any  package, 
container,  scales,  weights,  measures  or  beams,  or  other  weigh- 
ing or  measuring  devices  to  the  inspector  or  deputy  inspector  on 
his  demand  for  the  purpose  of  having  them  so  examined,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  fined  not  less  than  ten  ($10.00)  dollars  nor  more  than 
one  hundred   ($100.00)   dollars. 

§6.  NEW  WEIGHTS  AND  MEASURES— WHEN  IN- 
SPECTED— Every  person,  firm  or  corporation  having  estab- 


716  WEIGHTS  AND  MEASURES. 

lished  a  place  of  business,  upon  purchasing  a  scale,  weight, 
measure,  or  any  weighing  or  measuring  device,  shall  before  using 
the  same,  notify  the  Inspector  of  Weights  and  Measures  that 
he  or  it  desires  the  same  to  be  inspected  and  sealed.  It  shall 
then  be  the  duty  ^  of  the  inspector  to  inspect  or  cause  to  be  in- 
spected any  such  weights,  measures,  or  weighing  or  meas- 
uring devices.  Any  person,  firm  or  corporation  not  having  an 
established  place  of  business,  upon  purchasing  scales,  weights, 
or  measures,  or  any  weighing  or  measuring  devices,  shall  before 
using,  bring  same  to  the  office  of  the  Inspector  of  Weights  and 
Measures,  between  the  hours  of  9  a.  m.  and  10  a.  m,,  any  such 
scales,  weights,  measures,  or  weighing  or  measuring  devices  to 
be  inspected  and  sealed. 

§  7.  POUNDS  TO  A  TON— The  hundredweight  shall  con- 
sist of  one  hundred  pounds  avoirdupois,  and  two  thousand  such 
pounds  shall  constitute  a  ton. 

§  8.  POUNDS  TO  A  BUSHEI^The  following  weights  shall 
constitute  a  bushel  of  each  article  named,  respectively: 

Wheat — Sixty  pounds. 

Shelled  Corn — Fifty-six  pounds. 

Corn  in  Ear — Seventy  pounds,  from  the  first  of  November  to 
the  first  of  May  following,  and  from  the  first  of  May  to  the  first 
of  November  following,  sixty-eight  pounds. 

Rye — Fifty-six  pounds. 

Oats — Shelled,  thirty-two  pounds. 

Barley — Forty-seven  pounds. 

Irish  Potatoes — Sixty  pounds. 

Sweet  Potatoes — Fifty-five  pounds. 

Wliite  Beans — Sixty  pounds. 

Castor  Beans — Forty-five  pounds. 

Clover  Seed — Sixty  pounds. 

Timothy  Seed — Forty-five  pounds. 

Flax  Seed — Fifty-six  pounds. 

Millet  Seed— Fifty  pounds. 

Peas — Sixty  pounds. 

Bluegrass  Seed — Fourteen  pounds. 

Buckwheat — Fifty-six  pounds. 

Dried  Apples — Twenty-four  pounds. 

Dried  Peaches — Thirty-nine  pounds. 

Onions — Fifty-seven  pounds. 


WEIGHTS  AND  MEASURES.       717 

Bottom  Onion  Sets — Thirty-six  pounds. 

Salt — Fifty  pounds. 

Stone  Coal — Seventy-six  pounds.  (The  term  includes  anthra- 
cite, cannel,  bituminous  and  other  mined  coal.) 

Bran — Twenty  pounds. 

Plastering  Hair — Eight  pounds. 

Fine  Salt — Fifty-five  pounds. 

Hungarian  Grass  Seed — Fifty  pounds. 

Ground  Peas — Twenty-four  pounds. 

Orchard  Grass  Seed — Fourteen  pounds. 

English  Bluegrass  Seed — Fourteen  pounds. 

Hemp  Seed — Forty-four  pounds. 

Tomatoes — Sixty  pounds. 

Rutabagas — Sixty  pounds. 

Plums — Sixty  pounds. 

Parsnips — Fifty  pounds. 

Peaches — Forty  pounds. 

Peanuts — Twenty  pounds. 

Pears — Fifty  pounds. 

Peas,  Green,  "Unshelled" — Fifty-six  pounds. 

Popcorn,  "in  Ear" — Fifty-six  pounds. 

Hominy — Sixty  pounds. 

Cabbage — Fifty  pounds. 

Carrots — Fifty  pounds. 

Charcoal — Twenty  pounds. 

Coke — Forty  pounds. 

Apples — Fifty  pounds. 

Alfalfa  Seed — Sixty  pounds. 

Beet  Seed — Sixty  pounds. 

Rye  Meal — Fifty  pounds. 

One  hundred  and  sixty  pounds  net  of  Irish  potatoes  shall  con- 
stitute a  merchantable  barrel. 

All  other  weights,  measures  and  balances  shall  be  regulated 
by  the  standard  fixed  in  Section  1  of  this  ordinance. 

§9.  DELIVERY  TICKETS— WHEN  REQUIRED— SAND, 
ETC. — Any  person,  firm  or  corporation  selling  sand,  broken 
rock,  lime,  asphalt  or  any  other  commodity  of  like  character  in 
the  city  shall  provide  the  driver  of  the  wagon,  conveyance  or 
container,  with  a  delivery  ticket  bearing  the  name  of  seller, 
showing  the  net  weight  of  the  commodity,  and  the  name  and 


718 WEIGHTS  AND  MEASURES. 

address  of  the  purchaser,  which  said  delivery  ticket  shall  be 
delivered  by  the  driver  in  charge  of  the  wagon,  conveyance  or 
container,  to  the  purchaser  or  his  agent  or  representative  at  the 
time  of  the  delivery. 

§  10.  DELIVERY  TICKET— WHEN  REQUIRED— COAL, 
ETC. — Any  person,  firm  or  corporation  selling  coal,  charcoal, 
coke  or  any  other  commodity  of  like  character  in  the  city  shall 
provide  the  driver  or  handler  of  the  wagon,  conveyance  or  con- 
tainer, with  a  delivery  ticket  bearing  the  name  of  the  seller, 
showing  the  net  weight  of  the  commodity,  and  the  name  and 
address  of  the  purchaser,  which  said  delivery  ticket  shall  be 
delivered  by  the  driver  or  handler  in  charge  of  the  wagon  or 
conveyance  to  the  purchaser  or  his  agent  or  representative  at 
the  time  of  the  delivery. 

§11.  PRODUCTION  OF  TICKET— REWEIGHING  LOAD 
— Every  person  in  charge  of  a  wagon,  conveyance  or  container 
used  in  delivering  sand,  broken  stone,  lime,  asphalt,  coal,  char- 
coal, coke,  or  any  other  like  commodity  to  whom  the  delivery 
ticket  mentioned  in  the  previous  section  has  been  given,  or  who 
has  a  delivery  ticket  in  his  possession,  shall  on  demand  of  the 
inspector  or  deputy  inspector  of  weights  and  measures,  or  any 
license  inspector  of  the  city  of  Louisville,  produce  and  deliver 
said  delivery  ticket  to  the  said  inspector  or  any  deputy  inspec- 
tor of  weights  and  measures  or  said  license  inspector.  If  the 
quantity  of  such  commodity  shall  be  shown  on  said  ticket  by 
measure  the  driver  or  handler  shall  submit  the  load  to  be  meas- 
ured by  any  of  said  officers,  for  the  purpose  of  verifying  the 
measure  stated  upon  the  ticket.  If  the  quantity  of  such  com- 
modity be  shown  upon  said  ticket  by  weight  and  any  of  said 
oflficers  shall  demand  that  the  weight  so  shown  be  verified  it 
shall  thereupon  be  the  duty  of  the  person  in  charge  of  said 
wagon,  conveyance  or  container  to  conduct  or  bring  the  same 
forthwith  to  some  scale  selected  by  the  officer  making  demand, 
and  permit  the  weighing  of  the  load,  together  with  the  convey- 
ance or  container  and  equipment,  for  the  purpose  of  ascertain- 
ing the  gross  weight  thereof.  The  person  in  charge  of  the  wagon, 
conveyance  or  container  shall,  after  the  delivery  of  the  load, 
return  forthwith  with  the  conveyance,  equipment,  or  container 
to  the  same  scale  and  permit  the  weighing  of  said  conveyance, 
equipment,  or  container  for  the  purpose  of  verifying  the  net 


WEIGHTS  AND  MEASURES.  719 

weight  of  the  load  as  shown  by  the  delivery  ticket,  provided, 
however,  that  if  the  driver  of  the  wagon,  conveyance  or  con- 
tainer requests  the  privilege  of  reweighing  the  load  upon  an- 
other and  different  scale  from  that  selected  by  the  officer,  such 
officer  shall  consent  to  such  reweighing  and  shall  accompany  the 
load  to  the  scales  selected  by  the  driver  and  make  a  record  of 
the  weight  as  shown  thereby. 

§  12.     DELIVERY  TICKET  —  PENALTIES  —  SHORT 

WEIGHT — Any  person,  firm  or  corporation  selling  and  deliver- 
ing or  attempting  to  sell  and  deliver  sand,  broken  stone,  lime, 
asphalt,  coal,  charcoal,  coke  or  any  other  like  commodity  in  the 
city  of  Louisville  without  having  in  possession  of  the  person  in 
charge  of  the  wagon,  conveyance  or  container,  at  the  time  such 
delivery  is  being  made,  a  delivery  ticket  as  provided  in  Sec- 
tions 9  and  10  of  this  ordinance,  or  who  shall  fail  to  deliver  by 
the  person  in  charge  of  the  wagon  or  conveyance,  such  delivery 
ticket  when  demanded  by  the  inspector  or  deputy  inspector  of 
weights  and  measures,  or  license  inspector  of  the  city  of  Louis- 
ville, shall  be  fined  not  less  than  five  ($5)  dollars  nor  more  than 
fifty  ($50.00)  dollars  for  each  offense.  Any  person,  firm  or 
corporation  delivering  or  attempting  to  deliver  sand,  broken 
stone,  lime,  asphalt,  coal,  charcoal,  coke,  or  any  like  commodity 
within  the  city  who  shall  have  upon  the  wagon,  conveyance  or 
container  in  which  delivery  is  being  made  a  less  quantity  than 
that  called  for  by  the  delivery  ticket  provided  in  Sections  9  and 
10  of  this  ordinance  shall  be  fined  not  less  than  ten  ($10)  dollars 
nor  more  than  one  hundred  ($100)  dollars  for  each  offense. 

§  13.  SALES  TO  BE  MADE  BY  MEASURE,  WEIGHT  OR 
COUNT — It  shall  be  unlawful  to  sell  except  for  immediate  con- 
sumption on  the  premises,  liquid  commodities  in  any  other  man- 
ner than  by  weight,  or  standard  liquid  measure,  or  commodities 
not  liquid  in  any  other  manner  than  by  measure  or  length,  by 
weight,  or  by  numerical  count,  unless  otherwise  agreed  in  writ- 
ing by  mutual  consent  of  the  buyer  and  seller,  provided,  how- 
ever, that  nothing  in  this  section  shall  be  construed  to  prevent 
the  sale  of  small  fruits  or  berries  as  provided  in  Section  14,  or 
of  vegetables  usually  sold  by  the  head  or  bunch. 

§  14.  BERRIES  AND  SMALL  FRUITS— No  person,  firm  or 
corporation  shall  sell  or  offer  for  sale  in  the  city  of  Louisville 
any  berries   or  small  fruit  of  any   description   whatsoever  in 


720  WEIGHTS  AND  MEASURES. 

crates,  drawers,  baskets,  boxes,  buckets,  or  in  wooden,  wicker, 
paper  or  metal  containers  in  any  other  manner  than  by  weight, 
or  in  containers  described  in  this  section,  to-wit :  One  quart,  con- 
taining 67.2  cubic  inches,  or  one  pint,  containing  33.6  cubic 
inches,  or  even  multiples  thereof,  being  the  standard  dry 
measure. 

§  15.  PACKAGES  TO  BE  MARKED— It  shall  be  unlawful 
to  keep  for  the  purpose  of  sale,  offer  or  expose  for  sale  or  sell 
any  commodity  in  package  form  unless  the  net  quantity  of  the 
contents  be  plainly  and  conspicuously  marked  on  the  outside  of 
the  package  in  terms  of  weight,  measure,  or  numerical  count. 

§  16.  ICE  TO  BE  WEIGHED  WHEN  DELIVERED— Every 
person,  firm  or  corporation  selling  ice  or  offering  ice  for  sale, 
shall  at  the  time  of  delivery  of  any  ice  sold,  weigh  the  quantity 
of  ice  delivered,  and  for  that  purpose  shall  be  provided  with  a 
steelyard,  balance  or  other  apparatus  for  weighing  such  ice, 
which  steelyard  or  balance  shall  have  been  duly  inspected  and 
sealed  by  the  Inspector  of  Weights  and  Measures  in  accordance 
with  the  provisions  of  this  ordinance,  and  all  ice  sold  within 
the  city  of  Louisville  shall  be  sold  by  avoirdupois  weight,  unless 
it  is  otherwise  specifically  agreed  upon  between  the  buyer  and 
seller  in  writing. 

§  17.  ICE— WEIGHING  IN  PRESENCE  OF  CUSTOMERS 
— It  shall  be  unlawful  for  any  person  delivering  ice  in  the  city 
of  Louisville  which  has  been  sold  by  weight  to  refuse  upon  de- 
mand to  allow  the  customer  to  whom  said  ice  is  being  delivered 
to  witness  the  weighing  of  the  same  at  the  time  of  such  delivery, 
or  to  refuse  upon  demand  tlierefor  to  furnish  to  any  such  cus- 
tomer a  written  statement  of  the  actual  number  of  pounds  of  ice 
delivered  to  such  customer  at  the  time  of  any  such  delivery. 

§18.  USING  OR  GIVING  FALSE  WEIGHT  OR  MEAS- 
URE— It  shall  be  unlawful  for  any  person  to  sell  any  com- 
modity by  any  false  weight  or  measure  or  to  furnish  to  the 
buyer  less  than  the  number  of  ounces  constituting  a  pound,  or 
less  than  the  number  of  pounds  required  to  constitute  a  bushel, 
or  the  division  or  multiple  thereof  for  which  the  buyer  con- 
tracts ;  any  person  who  shall  give  or  furnish  a  false  or  deficient 
or  defective  weight,  measure  or  quantity  of  any  commodity  sold 
to  any  person  in  the  city  of  Louisville  shall  be  subject  to  a  fine 
of  not  less  than  ten   ($10)   dollars  nor  more  than  one  hundred 


WEIGHTS  AND  MEASURES. 721 

($100)  dollars  for  each  offense  and  each  sale  shall  constitute  a 
separate  offense. 

§  19.  PENALTIES — Except  as  otherwise  provided  herein, 
any  person,  firm  or  corporation  who  shall  violate  any  of  the  pro- 
visions of  this  ordinance  shall  be  fined  not  less  than  ten  ($10) 
dollars  nor  more  than  one  hundred  ($100)  dollars  for  each 
offense. 

§  20.  REPEALS — The  following  ordinances  are  repealed : 
An  ordinance  entitled  "An  ordinance  providing  for  an  Inspector 
of  Weights  and  Measures  and  a  helper,  prescribing  their  duties, 
and  prescribing  penalties  for  the  punishment  of  persons  who 
knowingly  use  defective  or  imperfect  weights  or  measures,"  ap- 
proved August  18,  1908;  an  ordinance  entitled  "An  ordinance 
concerning  the  use  of  false  weights  or  measures  in  the  city  of 
Louisville,"  approved  May  23,  1900;  and  an  ordinance  entitled 
"An  ordinance  regulating  the  sale  of  vegetables,  fruits  and 
berries  in  the  city  of  Louisville,"  approved  July  5,  1912 ;  and  an 
ordinance  entitled  "An  ordinance  providing  for  an  Inspector  of 
Weights  and  Measures,  and  one  or  more  deputies,  prescribing 
their  duties,  and  prescribing  penalties  for  the  punishment  of 
persons  who  use  or  have  in  their  possession  defective  or  imper- 
fect weights  or  measures,"  approved  July  10,  1918. 

§  21.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage.    (Approved  April  24,  1919.) 


(2)  WEIGHTS  AND  MEASURES. 

Regulating  Sale  of  Flour  bj'^  Weight. 

AN  ORDINANCE  regulating  the  sale  of  flour  by  weight  in  the 
city  of  Louisville,  Ky. 

Be  it  ordained  by  the  General  Council  of  the  city,  of  Louisville: 

§  1.  That  hereafter  no  manufacturer,  dealer  in  flour,  firm, 
person  or  corporation  shall  sell  or  offer  for  sale  in  the  city  of 
Louisville  any  flour  in  barrels,  half  sacks,  quarter  sacks,  eighth 
sacks,  sixteenth  sacks,  thirty-second  sacks,  sixty-fourth  sacks 
or  any  other  size  sacks  or  package  before  the  number  of  pounds 
contained  therein  shall  be  plainly  labeled  or  stamped  thereon  by 
printed  words  or  figures  at  least  one  inch  in  height. 


722  WHARVES. 


§  2.  No  manufacturer,  dealer  in  flour,  firm,  person  or  cor- 
poration shall  sell  or  offer  for  sale  in  the  city  of  Louisville  any 
package  of  flour  which  shall  be  stamped  or  labeled  with  a 
greater  number  of  pounds  than  such  package  actually  contains, 
as  provided  in  this  ordinance. 

§  3.  A  barrel  of  flour  shall  consist  of  196  pounds  net;  a  half 
barrel  of  flour  shall  consist  of  98  pounds  net;  a  half  barrel  sack 
of  flour  shall  consist  of  96  pounds  gross;  a  quarter  barrel  sack 
of  flour  shall  consist  of  48  pounds  gross;  an  eighth  barrel  sack 
of  flour  shall  consist  of  24  pounds  gross ;  a  sixteenth  barrel  sack 
of  flour  shall  consist  of  12  pounds  gross;  a  thirty-second  barrel 
sack  of  flour  shall  consist  of  6  pounds  gross;  and  a  sixty-fourth 
barrel  sack  of  flour  shall  consist  of  3  pounds  gross,  etc. 

§  4.  That  any  manufacturer,  dealer  in  flour,  firm,  person  or 
corporation  who  shall  violate  any  of  the  provisions  of  this  ordi- 
nance shall  be  fined  for  each  offense  not  less  than  five  ($5)  dol- 
lars nor  exceeding  fifty  ($50)  dollars. 

§  5.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

§  6.  This  ordinance  shall  take  effect  sixty  (60)  days  after 
its  passage. 

The  foregoing  ordinance  having  been  presented  to  the  Mayor,  and  having 
been  withheld  by  him  beyond  the  day  of  the  next  regular  meeting  of  the 
General  Council  on  August  11,  1909,  and  more  than  three  days  having  in- 
tervened between  the  presentation  to  the  Mayor  and  said  meeting,  and  the 
General  Council  having  actually  met  on  said  day,  the  same  became  obliga- 
tory as  if  signed  by  him,  according  to  Section  2795,  Kentucky  Statutes,  and 
takes  effect  according  to  the  last  section  of  said  ordinance,  sixty  days  from 
the  passage  of  said  ordinance,  and  said  ordinance  having  passed  the  Board 
of  Aldermen  on  July  26,  1909,  and  the  Board  of  Councilmen  August  2,  1909, 
said  ordinance  therefore  takes  effect  on  and  after  October  1,  1909. 

JOE  D.  BRADBURN,  C.  B.  A. 
C.  B.  NORDEMAN,  C.  B.  C. 


WHARVES. 
Receipts  from  the  Use  of  Wharves. 

AN  ORDINANCE  concerning  the  receipts  for  the  use  of  the 
wharves,  landings  and  wharf  property  of  the  city  of  Louis- 
ville, and  claims  for  expenditures  on  account  thereof. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  in  pursuance  of  an  act  entitled  "An  act  to  amend 


WHARVES.  723 


an  act  entitled  *An  act  for  the  government  of  cities  of  the  first 
class,'  approved  July  1,  1893,  relating  to  wharves  and  landings 
of  cities  of  the  first  class,"  approved  February  28,  1902,  that  all 
amounts  received  by  the  City  Treasurer  from  the  Superintendent 
of  Public  Wharves  for  wharfage  fees,  rents  for  the  use  of 
wharves,  leases  on  wharf  property  not  needed  for  wharf  pur- 
poses, and  other  moneys  or  penalties  that  may  come  into  his 
hands  as  superintendent  aforesaid,  are  hereby  appropriated  for 
the  purpose  of  paying  the  salaries  of  said  superintendent  and 
his  assistant  and  the  improvements  and  repairs  of  such  wharves, 
landings  and  wharf  property,  and  such  other  expenses  as  may 
be  incurred  by  the  Board  of  Public  Works  from  time  to  time  on 
account  thereof,  and  at  the  end  of  each  fiscal  year  any  balance 
of  revenue  remaining  in  the  city  treasury  unexpended  to  the 
credit  of  said  fund  shall  be  transferred  and  passed  by  the  City 
Treasurer  to  the  credit  of  the  general  purpose  fund  for  the 
fiscal  year  in  which  such  collections  shall  have  been  made. 

§  2.  That  it  shall  be  the  duty  of  the  Board  of  Public  Works, 
at  the  end  of  each  month,  to  make  up  and  certify  to  the  City 
Comptroller  a  payroll  in  duplicate  for  registration  for  the 
salaries  and  compensation  of  all  officers  and  employes  and  the 
expenses  in  the  conduct  and  management  of  such  wharves,  land- 
ings and  wharf  property  during  such  months,  which  payrolls 
shall  be  on  printed  forms  to  be  furnished  by  the  City  Comp- 
troller. 

§  3.  That  when  the  payrolls  required  to  be  made  up  and 
certified  by  the  preceding  section  have  been  registered  by  the 
City  Comptroller  he  shall  transmit  the  same  to  the  General 
Council  for  approval,  and  after  the  same  have  been  approved 
by  the  General  Council  and  Mayor,  the  Auditor  shall  draw  his 
warrants  in  favor  of  each  person  whose  name  appears  upon  such 
payrolls,  or  his  assignee,  and  on  the  delivery  of  such  warrant 
the  same  shall  be  receipted  for  by  such  claimant,  and  in  all  other 
respects  the  provisions  of  an  ordinance  entitled  "An  ordinance 
prescribing  the  manner  in  which  claims  against  the  city  of 
Louisville  shall  be  made,"  approved  January  23,  1894,  shall 
apply  and  be  followed. 

§  4.  That  this  ordinance  shall  take  eff'ect  from  its  passage. 
{Approved  May  12,  1902.)      (See  also  Taxes.) 


724  WITNESSES. 


WITNESSES. 

Requiring  Attendance  Before  Committees  of  the  Council. 

AN  ORDINANCE  requiring  witnesses  to  appear  before  com- 
mittees of  the  General  Council,  or  either  board  thereof,  and 
to  compel  the  production  of  evidence  called  for  by  such  com- 
mittees. 
Be  it  ordained  by  the  General  Coimcil  of  the  city  of  Louisville: 
§  1.  That  whenever  the  General  Council,  or  either  board 
thereof,  shall  appoint  a  committee  to  investigate  and  report  on 
any  matter  pertaining  to  any  measure  offered  or  pending  be- 
fore the  General  Council,  or  either  board  thereof,  or  to  investi- 
gate and  report  on  the  conduct  or  management  of  any  office  or 
department  of  the  city  of  Louisville,  or  the  official  conduct  or 
action  of  any  officer  or  employe  of  the  city  of  Louisville,  or  any 
of  its  institutions,  departments  or  executive  boards,  it  shall  be 
lawful  for  such  committee,  if  deemed  necessary  by  a  majority 
of  its  members,  to  employ  a  notary  public,  who  shall  issue  sub- 
poenas for  all  witnesses  whose  names  shall  be  furnished  him  by 
the  chairman  of  any  such  committee,  to  administer  the  oath  to 
such  witnesses  and  take  down  and  transcribe  their  testimony 
for  the  use  of  any  such  committee;  and  also  to  issue  subpoenas 
duces  tecum  for  needed  papers  and  documents  of  a  public  nature 
to  the  persons  or  officials  having  the  same  in  charge.  Said  sub- 
poenas may  be  served  by  the  sheriff  or  any  constable  of  the 
county  or  any  deputy  thereof.  If  any  witness  shall  fail  to  at- 
tend before  any  such  committee  in  obedience  to  such  subpoena, 
or  wilfully  avoid  the  service  of  such  subpoena;  or,  being  in  at- 
tendance at  any  sitting  or  session  of  any  such  committee,  shall 
depart  without  leave  of  any  such  committee,  or  refuse  to  be 
sworn,  or  refuse  to  answer  any  proper  or  lawful  question  pro- 
pounded to  him,  or  shall  fail  or  refuse  to  produce  any  j)aper  or 
document  needed  in  evidence  of  which  he  shall  have  custody  or 
possession,  and  for  which  a  subpoena  duces  tecum  shall  have 
been  issued  and  served,  such  witness  shall  be  deemed  guilty  of 
contempt,  and  shall  be  subject  to  a  fine  of  not  less  than  five  ($5) 
dollars  nor  more  than  twenty  ($20)  dollars  for  each  offense, 
which  may  be  recovered  by  ordinance  warrant  for  every  such 
offense  before  the  Police  Court  of  the  city  of  Louisville.  If  any 
such  recusant  or  disobedient  witness  be  an  officer  or  employe  of 


WORKHOUSE.  725 


the  city  of  Louisville  or  any  of  its  departments,  institutions  or 
executive  boards,  drawing  a  salary  or  wages  from  the  City 
Treasurer,  and  shall  offend  as  herein  specified,  then  his  salary, 
wages  or  compensation  shall  cease,  and  no  future  claim  therefor 
shall  be  certified,  registered,  allowed  or  paid  out  of  the  city  treas- 
ury so  long  as  such  failure  or  refusal  on  the  part  of  such  officer 
or  employe  shall  continue. 

§  2.  That  the  expense  occasioned  by  the  employment  of  a 
notary  public  by  any  such  committee,  and  the  attendance  of  wit- 
nesses subpoenaed  to  give  testimony  or  produce  papers  or  docu- 
ments needed  in  evidence,  unless  the  custodian  or  the  person 
having  the  possession  thereof  is  an  officer  or  employe  of  the 
city,  or  one  of  its  departments,  institutions  or  executive  boards 
shall  be  against  the  general  purpose  fund  of  the  city,  and  when 
the  claim  or  claims  therefor  shall  be  certified  by  the  chairman 
of  any  such  committee,  it  shall  be  the  duty  of  the  City  Comp- 
troller to  register  such  claim  or  claims  for  allowance  by  the 
General  Council  as  other  claims  are  now  required  to  be  by  law, 
payable  out  of  the  fund  aforesaid. 

§  3.  That  this  ordinance  shall  take  effect  from  its  passage. 
(Approved  May  19,  1900.)      (See  also  Trials.) 


(1)   WORKHOUSE. 

Number  and  Salaries  of  Employes. 

AN  ORDINANCE  concerning  the  workhouse  of  the  city  of 
Louisville,  placing  the  same  under  the  Board  of  Public  Safety, 
and  fixing  the  number,  salaries  and  compensation  of  the 
officers  and  employes  therein. 

Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  the  workhouse  within  and  for  the  city  of  Louis- 
ville be,  and  the  same  is  hereby  created  and  placed  under  the 
Board  of  Public  Safety,  as  authorized  by  law. 

§  2.  There  may  be  employed  within  and  for  said  workhouse, 
to  be  appointed  by  the  Board  of  Public  Safety,  the  number  of 
officers  and  employes  prescribed  in  this  ordinance,  and  no  more, 
and  their  salaries  and  compensation,  to  be  approved  by  the  Board 
of  Public  Safety,  shall  be  no  more  than  the  sums  fixed  by  this 
ordinance,  and  the  payrolls  for  said  department  shall  be  made 


726 WORKHOUSE. 

up,  certified  and  registered  and  said  salaries  and  compensation 
shall  be  payable,  in  accordance  with  the  provisions  of  this  ordi- 
nance and  other  ordinances  covering  the  subject  of  payrolls, 
claims  and  salaries,  and  not  otherwise,  to-wit: 

WORKHOUSE. 

Per  Month.     Per  Annum. 

1  superintendent    $125.00  $1,500.00 

1  druggist  (who  shall  act  as  clerk)  .  .  .  75.00  900.00 

1  quarry  foreman  .  . .  ., 75.00  900.00 

1  day  watchman    (who   shall   also   be 

prison  wagon  driver 70.00  840.00 

1  house  engineer    70.00  840.00 

1  quarry  engineer 70.00  840.00 

1  night  watchman    70.0T)  840.00 

1  prison  cook    65.00  780.00 

1  blacksmith    '. 60.00  720.00 

7  guards,  each 60.00  5,040.00 

1  hostler  and  gardner 40.00  480.00 

1  house  cook   20.00  240.00 

1  night  fireman 60.00  720.00 

1  matron    60.00  720.00 

20  employes $920.00  $15,360.00 

§  3.  The  Board  of  Public  Safety,  in  cases  of  emergency,  and 
with  the  approval  of  the  Mayor,  shall  have  the  power  to  employ 
additional  help  in  the  workhouse,  the  salaries  and  compensa- 
tion of  same  to  be  fixed  by  the  Board  of  Public  Safety  and  the 
names  of  such  employes  shall  appear  on  the  regular  payroll  as 
"Special  Employes,"  and  said  special  employes  may  be  dismissed 
at  any  time  by  the  Board  of  Public  Safety. 

§  4.  The  ordinance  approved  September  30,  1918,  and  en- 
titled "An  ordinance  concerning  the  departments  under  the 
Board  of  Public  Safety  and  fixing  the  number,  salaries  and  com- 
pensation of  the  officers  and  employes  therein,"  and  all  ordi- 
nances and  parts  of  ordinances  in  conflict  herewith  are  hereby 
repealed. 

§  5.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage.     (Approved  March  7,  1919.) 


LIST  OF  POSITIONS.  727 


(2)  WORKHOUSE. 

Fixing  the  Wages  of  Those  Who  Satisfy  Fines  by  Compulsory 

Work  Therein. 

AN  ORDINANCE  fixing  the  wages  of  those  who  shall  satisfy 
by  compulsory  work  the  fines  assessed  against  them  in  the 
Police  Court  of  the  city  of  Louisville. 
Be  it  ordained  by  the  General  Council  of  the  city  of  Louisville: 
§  1.     That  any  person  who  shall  be  arrested  under  a  capias 
pro  fine  for  a  violation  of  any  ordinance  of  the  city,  and  be  com- 
mitted to  the  city  workhouse  for  non-payment  of  such  fine,  shall 
be  allowed  as  wages  one  dollar  for  each  day  such  person  shall 
do  compulsory  work  for  the  city,  in  or  out  of  said  workhouse, 
until  such  fine  at  the  rate  aforesaid  is  satisfied. 

§  2.     That  this  ordinance  shall  take  effect  from  and  after  its 
passage.     (Approved  August  15,  1898.) 


LIST  OF  POSITIONS  UNDER  THE  VARIOUS  CITY 

DEPARTMENTS,  AUTHORITY  THEREFOR 

AND  COMPENSATION. 

Assessor's  Department. 

City  Assessor  elected  by  the  General  Council,  for  a  term  of 
four   (4)    years. 

Ordinance  November  15,  1901 : 

Per  Month.     Per  Annum. 
1  Assessor    $291.66  $3,500.00 

Ordinance  April  30,  1919 : 

1  Chief  Deputy    $166.66  $2,000.00 

10  Deputies,  each    133.33  1,600.00 

10  Assistants  (between  September  1  and 

December  1,  each  year),  each. . . .     75.00 

1  Draftsman ,  133.33  1,600.00 

1  Assistant  Draftsman 100.00  1,200.00 

1  Transfer  Clerk 100.00  1,200.00 

1  Public    Accountant,    $10.00    per    day 
during  time  required. 


728  LIST  OF  POSITIONS. 


Auditor's  Department. 

Auditor  elected  by  people  for  a  term  of  four  (4)  years. 

Ordinance  November  15,  1901: 

Per  Month.     Per  Annum. 
1  Auditor    $229.16  $2,750.00 

Ordinance  May  25,  1908: 

1  Clerk  for  Auditor   100.00  1,200.00 

Board  of  Childien's  Guardians. 

Authorized  by  an  Act  of  the  General  Assembly  of  the  State 
of  Kentucky,  approved  December  17,  1892. 

Board  is  composed  of  six  (6)  members  (two  [2]  to  be  colored), 
appointed  by  the  Judge  of  the  Police  Court.  Judge  is  ex  officio 
member. 

Tax  Levy — Maximum  one  cent  (Ic)  on  each  one  hundred 
dollars  ($100.00)  valuation. 

Beechhurst  Sanitarium  (Lying-in  Hospital). 

The  land  was  conveyed  to  the  city  of  Louisville  by  the  Cave 
Hill  Cemetery  Company  as  per  agreement  dated  July  8,  1872 — 
the  property  to  be  used  by  the  city  until  such  time  as  it  was 
needed  for  cemetery  purposes,  when  after  twenty-five  (25)  years 
(which  time  has  now  expired)  upon  one  (1)  year's  notice,  the 
city  is  to  remove  all  improvements  and  return  the  land  to  the 
Cave  Hill  Cemetery  Company.  The  building  on  this  land  was 
leased  to  Dr.  Malcolm  H.  Yeaman  for  a  period  of  twenty  (20) 
years,  as  per  lease  dated  June  1,  1909,  and  expiring  June  1,  1929, 
at  a  rental  of  five  hundred  dollars  ($500.00)  per  annum.  Later 
this  lease  was  transferred  to  Edmond  P.  Thomas  and  Hervey  B. 
Scott,  December  2,  1912.  Under  this  lease  Edmond  P.  Thomas 
and  Hervey  B.  Scott  are  required  to  pay  premiums  on  all  insur- 
ance carried  on  the  building,  and  to  keep  same  in  repair. 

Board  of  Education. 

Authorized  by  an  Act  of  the  General  Assembly  of  the  State 
of  Kentucky,  approved  March  4,  1910. 

The  board  is  composed  of  five  (5)  members,  elected  bjy  the 
people. 

Tax  Levy — Minimum  thirty-six  cents  (36c).  Maximum  fifty 
cents  (50c)  on  each  one  hundred  dollar  ($100.00)  valuation. 


LIST  OF  POSITIONS.  729 

Board  of  Equalization. 

Three  (3)  members  elected  by  the  Board  of  Aldermen  in  Sep- 
tember of  each  year. 

Ordinance  September  4,  1913: 
3  Members,  each $10.00  per  day 

Board  of  Park  Commissioners. 

Authorized  by  Section  2841  of  the  City  Charter. 

Board  is  composed  of  six  (6)  members,  elected  by  the  people. 
Mayor  ex  officio  member. 

Tax  Levy — Minimum  five  cents   (5c)".     Maximum  eight  cents 
(8c)   on  each  one  hundred  dollars   ($100.00)  valuation. 

* 

Board  of  Public  Safety. 

Authorized  by  Section  2861  of  the  City  Charter.     The  board 
is  composed  of  three  (3)  members,  appointed  by  the  Mayor. 

Ordinance  November  11,  1913: 

Per  Month.     Per  Annum. 

3  Members  of  Board,  each   $208.33  $2,500.00 

1  Secretary 137.50  1,650.00 

1  Stenographer    100.00  1,200.00 

Board  of  Public  Works. 

Authorized  by  Section  2824  of  the  City  Charter.     The  board 
is  composed  of  three  (3)  members  appointed  by  the  Mayor. 

Ordinance  November  15,  1901 : 

Per  Month.     Per  Annum. 
3  Members  of  Board,  each   $208.33  $2,500.00 

Ordinance  October  24,  1918: 

1  Secretary     125.00  1,500.00 

1  Clerk  and  Stenographer 100.00  1,200.00 

1  Bookkeeper   116.66  1,400.00 

1  Timekeeper   100.00  1,200.00 

1  Chauffeur    75.00  900.00 


730  LIST  OF  POSITIONS. 


Board  of  Tuberculosis  Hospital. 

Authorized  by  Section  3037c  of  the  City  Charter. 

Board  is  composed  of  ten  (10)  members,  appointed  by  the 
Mayor  for  a  term  of  four  (4)  years  each.  Mayor  ex  officio  mem- 
ber. 

Tax  Levy — Minimum  one-half  cent  (Voc) ,  Maximum  two 
cents  (2)  on  each  one  hundred  dollars  ($100.00)  valuation. 

Board  of  Water  Works. 

Authorized  by  Section  3024a  of  the  City  Charter. 

Board  is  composed  of  four  (4)  members,  appointed  by  the 
Mayor  for  a  term  of  four  (4)  years  each,  one  (1)  chosen  in 
March  of  each  year.  Members  can  succeed  themselves.  Mayor 
ex  officio  member. 

Bond  Recorder. 

(See  Police  Court.) 

Building's  Department. 

Employes  appointed  by  the  Board  of  Public  Safety. 
Ordinance  September  30,  1918. 

Per  Month.      Per  Year. 

1  Inspector  of  Buildings   $250.00  $3,000.00 

1  Assistant  Inspector  of  Buildings 165.00  1,980.00 

1  Deputy  Inspector  of  Buildings — Inspec- 
tor of  Elevators    150.00  1,800.00 

1  Deputy  Inspector  of  Buildings — Assist- 
ant Elevator  Inspector   100.00  1,200.00 

1  Deputy  Inspector  of  Buildings — Smoke 

Inspector   150.00  1,800.00 

1  Deputy  Inspector  of  Buildings — Assist- 
ant Smoke  Inspector 100.00  1,200.00 

1  Deputy  Inspector  of  Buildings — Com- 
bustion Engineer 200.00  2,400.00 

1  Deputy    Inspector    of    Buildings — 1st 

Electrical  Inspector 150.00  1,800.00 

1  Deputy    Inspector    of    Buildings — 2nd 

Electrical  Inspector 125.00  1,500.00 

2  Deputy  Inspectors  of  Buildings,  each..   125.00  1,500.00 
1  Fee  Clerk— Stenographer 125.00  1,500.00 


LIST  OF  POSITIONS.  731 


1  Permit  Clerk— Stenographer 100.00  1,200.00 

1  Clerk  and  Stenographer 75.00  900.00 

1  Inspector  of  Plumbing 150.00  1,800.00 

1  Deputy  Inspector  of  Plumbing 125.00  1,500.00 

City  Buyer's  Department. 

City  Buyer  appointed  by  the  Mayor  for  a  term  of  four  (4) 
years. 

Ordinance  October  10,  1911: 

Per  Month.     Per  Annum. 

1  City  Buyer   $208.33  $2,500.00 

1  Assistant  City  Buyer  166.66  2,000.00 

1  Stenographer    75.00  900.00 

1  Messenger 75.00  900.00 

Cemeteries. 

Superintendents  appointed  by  Board  of  Public  Safety. 

Ordinance  March  16,  1918: 

Per  Month.  Per  Annum. 
1  Superintendent  Portland  or  City  Ceme- 
tery       $80.00  $360.00 

1  Superintendent  Western  Cemetery  ....     50.00  600.0Q 

1  Laborer   45.00  540.00 

Cisterns. 

(See  Engineer's  Department.) 

City  Attorney's  Office. 

(See  Law  Department.) 

City  Ganger. 

In  the  month  of  December  of  even  years,  a  City  Ganger  shall 
be  elected  by  the  General  Council  of  the  City  of  Louisville  for 
a  term  of  two  (2)  years. 

Ordinance  November  7,  1904: 

1  City  Ganger.  Compensation  to  be  by  fee  only,  as  set  forth 
in  ordinance. 


732  LIST  OF  POSITIONS. 


City  Hall  Expenses. 

Employes  appointed  by  Board  of  Public  Works. 

Ordinance  October  23,  1919 : 

Per  Month.  Per  Year. 

1  City  Hall  Engineman   $106.66  $1,280.00 

1  Night  Engineman   100.00  1,200.00 

1  Chief  Janitor 90.00  1,080.00 

1  Elevator  Man   65.00  780.00 

1  Chief  Telephone  Operator 75.00  900.00 

1  Telephone  Operator 50.00  600.00 

1  Night   Custodian 75.00  900.00 

9  Janitors,  each 65.00  780.00 

3  Firemen,  $3.00  per  day. 

Scrub  Women,   $1.50   per   day  for   services   actually  rendered. 

Laborers,  30c  per  hour  for  services  actually  rendered. 

City  Hospital. 

Ordinance  September  30,  1918: 

Per  Month.  Per  Annum. 

1  Superintendent $200.00  $2,400.00 

1  Secretary,  at  a  salary  of 100.00  1,200.00 

1  Clerk,  who  shall  be  a  qualified  stenog- 

rapher, at  a  salary  of 50.00  600.00 

3  Telephone  Operators,  each 40.00  480.00 

2  Receiving  Ward  Clerks,  each 40.00  480.00 

1  Store  Room  Clerk   ,.  .     40.00  480.00 

1  Dietitian    75.00  900.00 

1  Chef   70.00  840.00 

1  First  Cook    50.00  600.00 

1  Second  Cook   40.00  480.00 

1  Third  Cook 30.00  360.00 

1  Superintendent's  Cook  and  Maid 25.00-  300.00 

1  Serving  Room  Cook 25.00  300.00 

6  Kitchen  Helpers,  each 25.00  300.00 

1  Baker    75.00  900.00 

1  Baker's  Helper 50.00  600.00 

1  Chief  Engineer    175.00  •  2,100.00 

1  Assistant  Chief  Engineer 110.00  1,320.00 


LIST  OF  POSITIONS.  733 


2  Assistant  Engineers,  each   82.50  990.00 

1  Steam  Fitter 82.50  990.00 

3  Firemen,  each 66.00  792.00 

1  Carpenter    75.00  900.00 

2  Chauffeurs,  each    60.00  720.00 

3  Elevator  Men,  each 30.00  360.00 

1  Yardman   30.00  360.00 

2  Painters,  each 60.00  720.00 

1  Plasterer    40.00  480.00 

1  Druggist 75.00  900.00 

1  Druggist    65.00  780.00 

1  Technician 70.00  840.00 

1  Diener 35.00  420.00 

1  Stenographer    55.00  660.00 

1  Laundry  Foreman   80.00  960.00 

1  Laundry  Washer 50.00  600.00 

1  Laundry  Wringer 35.00  420.00 

1  Laundry  Marker   35.00  420.00 

2  Laundry  Backers,  each 25.00  300.00 

4  Hand  Ironers,  each   23.00  276.00 

5  Laundresses,  each   22.00  264.00 

1  Matron 60.00  720.00 

1  Seamstress    35.00  420.00 

1  Matron  Employes  Home 30.00  360.00 

15  Maids,  each 25.00  300.00 

25  House  Porters,  each   25.00  300.00 

1  Superintendent  of  Nurses   100.00  1,200.00 

1  Assistant  Superintendent  of  Nurses.  .  75.00  900,00 

1  Night  Supervisor 75.00  900.00 

1  Supervisor  Operating  Room   75.00  900.00 

2  Supervisors,  each   65.00  780.00 

1  Superintendent  School  Service   75.00  900.00 

2  Supervisors,   each    65.00  780,00 

1  Superintendent  Social  Service 75.00  900,00 

6  Attendants,  each   45.00  540.00 

10  Orderlies,  each   35.00  420.00 

1  Messenger   20.00  240,00 

1  Resident  Physician    35.00  420,00 

4  Senior  Internes,  each 15.00  180,00 

15  Junior  Internes,  each   10.00  120.00 


734 LIST  OF  POSITIONS. 

19  Internes,  who  may  receive  $100.00  each 

upon   completing  their   period   of 

service. 

90  Pupil  Nurses,  of -which  number  there 

shall  be 

30   (first  year)   nurses  at  a  salary  of, 

each    8.00  96.00 

30    (second  year)    nurses  at  a  salary 

of,  each 10.00  120.00 

30    (third  year)  nurses  at  a  salary  of, 

each    12.00  144.00 

Comfort  Station  Department. 

Ordinance  November  7,  1919 : 

Per  Month.  Per  Annum. 

2  Superintendents,  each $75.00  $900.00 

2  Assistant  Superintendents,  each 40.00  480.00 

Commissioners  of  Sewerage. 

Ordinance  December  1,  1919: 

Per  Month.  Per  Annum. 

1  Chairman    $266.66  $3,000.00 

3  Members,  each   125.00  1,500.00 

The  Commissioners  have  the  power  to  employ  one  Engineer 
at  a  salary  not  exceeding  $5,000.00  per  annum,  and  one  Secre- 
tary and  Treasurer  at  a  salary  not  exceeding  $2,500.00.  They 
further  have  the  power  to  employ  such  other  expert  advice  and 
consulting  engineers  as  they  deem  wise.  See  Kentucky  Statute 
3037b,  Subsection  16,  et  seq. 

Comptroller's  Department. 

Comptroller  appointed  by  the  Mayor,  approved  by  the  Board 
of  Aldermen  for  a  term  of  four  (4)  years. 

Ordinance  November  15,  1901 : 

Per  Month.     Per  Annum. 
1  Comptroller $291.66  $3,500.00 

Ordinance  April  17,  1905: 
1  Clerk    166.66  2,000.00 


LIST  OF  POSITIONS.  735 


Ordinance  September  30,  1918: 

1  Additional  Clerk  . 100.00  1,200.00 

Resolution,    Firemen    and    Policemen's 
Pension  Fund,  December  1,  1919. 
1  Bookkeeper  and  Stenoigrapher 100.00  1,200.00 

Clerks  of  the  General  Council  ex  officio  clerks  to  the  Comp- 
troller. 

Cook  Benevolent  Institute. 

Founded  by  request  of  Samuel  Hinman  Cook  in  1837,  incor- 
porated as  "Cook  Benevolent  Institute"  by  Act  of  the  General 
Assembly  of  the  State  of  Kentucky,  approved  February  17, 
1846. 

Under  the  charter,  the  Board  of  Managers  consists  of  seven 
(7)  members,  six  (6)  members  to  be  representatives  from  dif- 
ferent religious  denominations — one  (1)  member  to  be  elected 
in  May,  of  each  year,  by  the  Mayor  and  General  Council.  (El- 
liott's Digest,  257.) 

Engineer's  Department. 

Employes  appointed  by  Board  of  Public  Works. 
Ordinance  November  7,  1919 : 

Per  Month.  Per  Year. 

1  Chief  Engineer    $333.33  $4,000.00 

1  First  Assistant  Engineer 208.33  2,500.00 

1  Second  Assistant  Engineer   166.66  2,000.00 

5  Assistant  Engineers,  each   125.00  1,500.00 

2  Assistant  Engineers,  each   100.00  1,200.00 

4  Levelmen,  each ,. .     65.00  780.00 

3  Transitmen,  each 55.00  660.00 

5  Rodmen,  each 45.00  540.00 

1  Chief  Draftsman 125.00  1,500.00 

4  Draftsmen,  each 125.00  1,500.00 

1  Calculator    125.00  1,500.00 

1  Chemist    125.00  1,500.00 

1  Assistant  Chemist 110.00  1,320.00 

1  Superintendent   of  Street   Construction 

and  Repairs    125.00  1,500.00 

1  Superintendent   of   Sewer   Construction 

and  Repairs    125.00  1,500.00 


736  LIST  OF  POSITIONS. 


2  Assistant     Superintendents     of     Street 

Construction  and  Repairs,  each  . ,  .   125.00  1,500.00 
1  Assistant  Superintendent  of  Sewer  Con- 
struction        125.00  1,500.00 

1  Chief  Clerk  to  Engineer 100.00  1,200.00 

1  Bookkeeper 110.00  1,320.00 

1  Stenographer  and  File  Clerk 100.00  1,200.00 

1  Chief  Clerk  of  Sewers .   100.00  1,200.00 

1  Assistant  Clerk  of  Sewers 83.33  1,000.00 

2  Automobile  Mechanics,  each   100.00  1,200.00 

2  Clerks,  each    100.00  1,200.00 

2  Clerks,  each 83.33  1,000.00 

4  Timekeepers,  each   83.33  1,000.00 

Superintendent  of  Garage   125.00  1,500.00 

1  Chief  Mechanic    125.00  1,500.00 

For  time  actually  employed,  the  following  shall  receive: 

No  more  than  40  supervisors $3.50  per  day 

No  more  than  10  foremen   4.00  per  day 

Chauffeurs 3.50  per  day 

Truck  Chauffeurs 4.00  per  day 

Watchmen    2.50  per  day 

Blacksmith  Foreman 60  per  hour 

Blacksmiths 50  per  hour 

Blacksmith  Helpers 25  per  hour 

Bricklayers    , 85  per  hour 

Brick  Pavers .441/2  per  hour 

Carpenters 60  per  hour 

Cement  Finishers 50  per  hour 

Curb  Setters 60  per  hour 

Enginemen    441/2  per  hour 

Granite  Pavers 551/2  per  hour 

Horse  Shoers    441/2  per  hour 

Laborers .30  per  hour 

Painters 621/2  per  hour 

Pipe  Layers 35  per  hour 

Plasterers 75  per  hour 

Plumbers 70  per  hour 

Rammermen    441/0  per  hour 

Skilled  Laborers 35  per  hour 


LIST  OF  POSITIONS.  737 


Stone  Cutters   60  per  hour 

Trench  Bracers    30  per  hour 

Two-animal  Teams,  including  driver 6.00  per  day 

Rock  Breakers,  per  cubic  yard 60 

Eruptive  Hospital. 

Employes  appointed  by  the  Board  of  Public  Safety. 

Ordinance  March  16,  1918: 

Per  Month.  Per  Annum. 

1  Superintendent $100.00  $1,200.00 

1  Wagon  Driver 30.00  360.00 

2  Regular  Nurses,  when  required,  each  .  .     40.00  480.00 

1  Cook 25.00  300.00 

1  Laundress    . 20.00  240.00 

Additional  nurses  may  be  appointed  by  the  Board  of  Public 
Safety  in  case  of  epidemic  at  $40.00  per  month  each. 

Fire  Department. 

Under  supervision  of  the  Board  of  Public  Safety. 

Ordinance  October  22,  1919 : 

Per  Day.     Per  Month.  Per  Annum. 

1  Chief 

4  Assistant  Chiefs,  each 

1  Secretary 

1  Assistant  Secretary $3.50 

30  Captains    (including   Drill 

Master) ,  each 4.50 

31  Lieutenants          (including 
*             Drill  Master) ,  each ..  .   4.20 
22  Engineers,  each 4.20 

211  Privates,  each   4.00 

1  Chief  Operator   ,    ... 

4  Telegraph  Operators,  each  4.50 

3  Telephone  Operators,  each  4.20 

6  Linemen,  each ,.  . .  .   5.25 

1  Master  Mechanic 

1  Foreman 

4  Machinists,  each   5.60 

2  Hydrantmen,  each 6.07 


$333.33 

$4,000.00 

166.66 

2,000.00 

137.50 

1,650.00 

1,095.00 

166.66 

2,000.00 

179.16 

2,150.00 

\^^m 

2,000.00 

738  LIST  OF  POSITIONS. 


2  Painters,  each 5.00  . .  

1  Harnessmaker 4.00  

1  Blacksmith   4.50  

1  Blacksmith  Helper 3.50  

1  Clerk 3.85*  

1  Supply  Wagon  Driver  ....   3.50  

*Except  Sunday. 

Firemen's  Pension  Fund. 

Authorized  by  an  Act  of  the  General  Assembly  of  the  State 
of  Kentucky,  approved  March  18,  1912.  (Sec.  2896a  of  the 
City  Charter.) 

Board  of  Trustees  composed  of  Mayor,  Chairman  of  Board 
of  Public  Safety,  Chief  Fireman,  City  Comptroller  and  City 
Treasurer. 

Tax  Levy — Maximum  one  cent  (Ic)  on  each  one  hundred 
dollars   ($100.00)   valuation. 

Gas  and  Electricity  Inspector. 

(See  Inspector  of  Gas  and  Electricity.) 
Health  Department. 

Employes  appointed  by  the  Board  of  Public  Safety. 
Ordinance  December  12,  1918 : 

Per  Month.  Per  Annum. 

1  Health  Officer $250.00  $3,000.00 

1  Assistant  Health  Officer 166.66  2,000.00 

1  Bacteriologist  and  Chemist   200.00  2,400.00 

1  Stenographer  to  Health  Officer 85.00  1,020.00 

1  Chief  of  Division  of  Foods 150.00  1,800.00 

1  Secretary  of  Health   Department,  who 

shall  also  be  Chief  of  the  Division 

of  Sanitation 133.33  1,600.00 

1  Medical  Inspector    150.00  1,800.00 

6  School  Inspectors,  each 100.00  1,200.00 

6  Sanitary  Inspectors,  each 100.00  1,200.00 

1  Registrar 85.00  1,020.00 

6  School  Nurses,  each   85.00  1,020.00 

4  Field  Nurses,  each 85.00  1,020.00 

2  Clerks,  each   50.00  600.00 


LIST  OF  POSITIONS.  739 


1  Technician 85.00  1,020.00 

1  Stenographer 75.00  900.00 

1  Laboratory   Diener    50.00  600.00 

1  Veterinarian  and  Inspector 150.00  ,      1,800.00 

1  Physician  for  Eastern  District 100.00  1,200.00 

1  Physician  for  Western  District 100.00  1,200.00 

1  Physician     for     the     indigent     colored 

people  of  the  city   100.00  1,200.00 

Home  for  Aged  and  InJSrm. 

Employes  appointed  by  the  Board  of  Public  Safety. 

Ordinance  November  7,  1919: 

Per  Month.  Per  Annum. 

1  Superintendent $125.00  $1,500.00 

1  Engineer    85.00  1,020.00 

1  Druggist  (who  shall  also  act  as  clerk)  .     85.00  1,020.00 

2  Male  Nurses,  each 50.00  600.00 

2  Female  Nurses,  each 40.00  480.00 

1  Farm  Boss 55.00  660.00 

1  Watchman   30.00  360.00 

1  Seamstress    35.00  420.00 

1  Matron     40.00  480.00 

1  Dairyman    40.00  480.00 

1  Cook   (Officer's  Kitchen)    40.00  480.00 

1  Cook .     30.00  360.00 

2  Farmhands,  each   40.00  480.00 

1  Laundress 25.00  300.00 

1  Dairy  Maid 25.00  300.00 

Board  of  Safety  (with  approval  of  Mayor)  in  case  of  emer- 
gency has  the  right  to  employ  additional  help. 

House  of  Reform. 
(Industrial  School  of  Reform.) 

City  Code,  1884.     Section  18,  Elliot's  Digest,  439. 

Nine  (9)  members  Board  of  Managers,  selected  by  the  Gen- 
eral Council;  three  (3)  chosen  in  May  of  each  year  for  a  term 
of  three  (3)  years. 

Tax  Levy — Maximum  five  cents  (5c)  on  each  one  hundred 
dollars  ($100.00)  valuation. 


740 LIST  OF  POSITIONS. 

Industrial  School  of  Reform. 

(See  House  of  Reform.) 

Inspector  of  Gas  and  Electricity. 

Appointed  by  the  Mayor,  with  approval  of  the  Board  of 
Aldermen. 

Ordinance  June  3,  1914: 

Per  Month.     Per  Annum. 

1  Inspector $250.00  $3,000.00 

2  Deputy  Inspectors,  each 125.00  1,500.00 

1  Clerk 100.00  1,200.00 

Inspector  of  Meats. 

Appointed  by  Board  of  Public  Safety,  with  approval  of  the 
Mayor. 

Ordinance  May  22,  1919: 

Per  Month.     Per  Annum. 

1  Chief  Inspector    $166.66  $2,000.00 

1  First  Assistant  Inspector 125.00  1,500.00 

Not  more  than — 

2  Additional  Assistant  Inspectors,  each..   125.00  1,500.00 

All  for  terms  of  one  year. 
1  Lay   Inspector  for   one   year   for   each 

slaughter  house   100.00  1,200.00 

Laborers. 

Under  supervision  of  Board  of  Public  Works,  for  service  in 
any  department  under  said  board.  (See  Departments  under 
Board  of  Public  Works.) 

See  Engineer's  Department. 

Law  Department. 

City  Attorney  appointed  by  the  Mayor  under  Sections  2909 
and  2910  of  the  City  Charter,  also  First  and  Second  Assistant 
City  Attorneys  the  same.    All  for  a  term  of  four  (4)  years. 


LIST  OF  POSITIONS. 741 

Ordinance  December  19,  1904: 

Per  Month.  Per  Annum. 

1  City  Attorney $416.66  $5,000.00 

1  Assistant  City  Attorney 250.00  3,000.00 

1  Second  Assistant  City  Attorney 208.33  2,500.00 

Ordinance  February  14,  1919: 
1  Department  Counsel   300.00  3,600.00 

Ordinance  November  14,  1918 : 
1  Law  Clerk 150.00  1,800.00 

Ordinance  August  11,  1908: 
1  Claim  Agent 125.00  1,500.00 

Ordinance  August  6,  1910: 

1  Mayor's  Counsel 200.00  2,400.00 

1  Solicitor     125.00  1,500.00 

1  Tax  Attorney 125.00  1,500.00 

1  Law  Accountant 125.00  1,500.00 

1  Messenger 30.00  360.00 

1  Stenographer    85.00  1,020.00. 

1  Stenographer    75.00  900.00 

1  Stenographer    75.00  900.00 

Ordinance  March  26,  1919 : 

1  Member  from  Police   Force,   appointed 
by    Board    of    Public    Safety,    ap- 
proved   by    Mayor    and    City    Attor- 
ney       108.33  1,300.00 

Not   more   than   3    Tax   Investigators   at 
40c  per  hour. 


742  LIST  OF  POSITIONS. 


Legislative  Department. 

Clerks  of  the  General  Council  elected  by  their  respective 
boards  for  a  period  of  two  (2)  years.  They  are  also  ex  officio 
clerks  to  the  City  Comptroller. 

Ordinance  April  21,  1899: 

Per  Month.     Per  Annum. 

1  Clerk  to  Board  of  Councilmen $166.66  $2,000.00 

1  Clerk  to  Board  of  Aldermen 166.66  2,000.00 

Resolution  General  Council  September  4,  1918: 

1  Enrolling  Clerk   75.00  900.00 

Ordinance  November  15,  1901 : 

2  Pages  to  Board  of  Aldermen,  per  session  of  General 

Council,  each    $1.50 

2  Pages  to  Board  of  Councilmen,  per  session  of  General 

Council,   each 1.50 

1  Sergeant-at-Arms  Board  of  Aldermen,  per  session  of 

General  Council 1.50 

1  Sergeant-at-Arms  Board  of  Councilmen,  per  session  of 

General  Council   1.50 

Live  Stock  Inspector. 

Live  Stock  Inspector  elected  by  the  General  Council  in  Decem- 
ber, 1894,  and  every  two  (2)  years  thereafter,  for  a  term  of  two 
(2)  years.    Section  2948,  City  Charter. 

Ordinance  April  7,  1910: 

1  Live  Stock  Inspector $100.00  $1,200.00 

1  Assistant  Inspector 75.00   •  900.00 

Louisville  Free  Public  Library. 

Authorized  by  an  Act  of  the  General  Assembly  of  the  State 
of  Kentucky,  approved  March  21,  1902.  (Sec.  2801a,  City  Char- 
ter.) 

Board  of  Trustees  composed  of  twelve  (12)  members,  ap- 
pointed by  the  Mayor,  three  (3)  members  chosen  each  year,  for 
a  term  of  four  (4)  years.    Mayor  ex  officio  member. 

Tax  Levy — Minimum  two  and  one-half  cents  (2y2c) .  Maxi- 
mum four  cents  (4c)  on  each  one  hundred  dollars  ($100.00) 
valuation. 


LIST  OF  POSITIONS.  743 


Mayor's  Department. 

Mayor  elected  by  the  people  for  a  term  of  four  (4)  years. 
Ordinance  November  15,  1901 : 

Per  Month.     Per  Annum. 

1  Mayor    $416.66  $5,000.00 

Ordinance  September  30,  1918 : 

1  Mayor's  Clerk 208.33  2,500.00 

Ordinance  July  16,  1919: 
1  Secretary 100.00  1,200.00 

Meat  Inspector, 

(See  Inspector  of  Meats.) 
Plumbing  Board. 

Ordinance  September  23,  1914: 
Subsection  31  of  Sec.  3037f,  Board  of  Examiners  of  Plumbers, 
consisting  of  four,  shall  be  appointed  before  the  first  of  May  of 
each  year  for  a  term  of  one  year.  Their  compensation  shall  be 
12  per  cent  of  the  fees  collected  from  the  persons  examined  and 
to  whom  certificates  are  issued. 

Plumbing  Department. 

(See  Building  Department,  also  Kentucky  Statute  3037f.) 

Police  Court. 

Police  Judge  elected  by  the  people  for  a  term  of  four    (4) 
years. 

Ordinance  November  15,  1901 : 

Charter,  Sections  2923-2928a: 

Per  Month.     Per  Annum. 
1  Judge $291.66  $3,500.00 

Charter,  Sections  2911,  2913-2944: 
Attorney,  Clerk,  Bailiff,  elected  by  the 
people  for  term  of  four  (4)  years. 
Deputy  Clerks  appointed  by  the 
Clerk.  Deputy  Bailiffs  appointed 
by  the  Bailiff. 
1  Attorney    291.66  3,500.00 

1  Clerk    291.66  3,500.00 

2  Deputy  Clerks,  each 100.00  1,200.00 

1  Bailiff     291.66  3,500.00 

2  Assistant  Bailiffs,  each 100.00  1,200.00 


744  LIST  OF  POSITIONS. 

Charter,  Section  2964: 

Stenographer  appointed  by  Police  Judge. 
1  Stenographer    100.00  1,200.00 

Charter,  Section  2945: 

Interpreter    appointed    by    the    PoHce 
Judge. 
1  Interpreter    75.00  900.00 

Charter,  Section  2928a: 

Doorkeeper  appointed  by  Police  Judge. 
1  Doorkeeper    50.00  600.00 

Charter,  Section  2947 : 

1  Bond  Recorder 333.33  4,000.00 

2  Deputies,  each   83.33  1,000.00 

Charter,  Section  2928b: 
1  Matron  of  Police  Court 75.00  900.00 

Judge  allowed  vacation  of  two  (2)  months  each  year,  salary 
of  Judge  pro  tern,  not  to  be  deducted  from  regular  Judge's 
salary. 

Attorney  allowed  vacation  of  sixty  (60)  days  each  year, 
salary  of  Attorney  pro  tem.  not  to  be  deducted  from  regular 
Attorney's  salary. 

Stenographer  allowed  vacation  of  sixty  (60)  days  each  year, 
salary  of  Stenographer  pro  tem.  not  to  be  deducted  from  regular 
Stenographer's  salary. 

Pro  tem.  attorneys  appointed  by  Judge,  salary  to  be  deducted 
from  salary  of  regular  Attorney  except  account  of  illness  or 
vacation. 

Police  Department. 

Under  supervision  of  the  Board  of  Public  Safety. 

Ordinance  October  10,  1919: 

Per  Day.     Per  Month.  Per  Annum. 

1  Chief $333.33  $4,000.00 

1  Assistant  Chief 166.66  2,000.00 

1  Secretary    $5.00  

1  Chief  of  Detectives 5.00  

1  Secretary     of     Detectives 

and  Stenographer 100.00  1,200.00 


LIST  OF  POSITIONS.  745 


7  Captains  of  Police,  each.  .   5.00  

14  Lieutenants  of  Police,  each  4.50  

22  Sergeants  of  Police,  each,  .   4.25  , 

380  Patrolmen,  each    4.00  

6  Janitresses:  One  each  to 
Station  Houses  Nos.  1,  4, 
5,  6,  7,  and  Highland 
substation,  each 1.00  

Regular  detectives  may  be  appointed  by  the  Board  of  Public 
Safety  from  the  number  of  regular  patrolmen,  and  shall  receive 
$4.25  per  day,  making  an  excess  per  annum  over  regular  patrol- 
men's salary  for  a  force  of  fourteen  detectives. 

Policemen's  Pension  Fund. 

Authorized  by  an  Act  of  the  General  Assembly,  approved 
March  18,  1912.  (Sec.  2872a,  City  Charter.)  The  Board  is 
composed  of  the  Mayor,  Chairman  of  the  Board  of  Public  Safety, 
Chief  of  Police,  City  Comptroller  and  City  Treasurer. 

Tax  Levy — Maximum  one  cent  (Ic)  on  each  one  hundred 
dollars  ($100.00)  valuation. 

Poundkeeper's  Department. 

Poundkeepers  appointed  by  the  Board  of  Public  Safety. 
Ordinance  March  16,  1918 : 

Per  Month.     Per  Annum. 

1  Poundkeeper,  Eastern  District   $50.00  $600.00 

1  Poundkeeper,  Western  District 50.00  600.00 

Public  Baths  Department. 

Superintendents  appointed  by  Board  of  Public  Works. 
Ordinance  November  7,  1919 : 

Per  Month.     Per  Annum. 

4  Superintendents,  each   $75.00  $900.00 

4  Assistant  Superintendents,  each 40.00  480.00 

Pumps  and  Wells. 

Under  supervision  Board  of  Public  Works.  See  Engineer's 
Department. 


746  LIST  OF  POSITIONS. 


Private  Drains. 

Ordinance  November  9,  1895: 

Estimated  cost  of  Private  Drains  to  be  deposited  with  City 
Treasurer,  and  rebates,  if  any,  rebated  by  the  payroll  made  by 
Engineer's  Department.     See  Engineer's  Department. 

Reconstruction  of  Streets. 

(See  Engineer's  Department.) 

Repairing  Streets. 

(See  Engineer's  Department.) 

Receiver  of  Taxes. 

Receiver  of  City  Taxes  elected  by  the  people  for  a  term  of 
four  (4)  years. 

Ordinance  November  15,  1901 : 

Per  Month.     Per  Annum. 
1  Tax  Receiver   $291.66  $3,500.00 

Ordinance  November  28,  1919: 

1  Cashier    150.00  1,800.00 

4  Deputies,  each    100.00  1,200.00 

8  Deputies,  each     125.00  1,500.00 

Sewer  Commissioners. 

(See  Commissioners  of  Sewerage.) 
Sinking  Fund  Commissioners. 

Authorized  by  Section  3010  of  City  Charter.  Board  com- 
posed of  Mayor,  President  of  Board  of  Aldermen,  and  three 
(3)  members  to  be  chosen  by  the  General  Council  to  serve  three 
(3)  years  each.  One  (1)  member  chosen  in  October  of  each 
year. 

Sewer  Cleaning. 

(See  Engineer's  Department.) 

Sewer  Construction. 

(See  Engineer's  Department.) 


r 


LIST  OF  POSITIONS.  747 


Sewer  Repairs. 

(See  Engineer's  Department.) 

Sewevs  and  Bridges. 

(See  Engineer's  Department.) 

Street  Cleaning  Department. 

Under  supervision  of  Board  of  Public  Works. 

Ordinance  November  7,  1919 : 

Per  Month.     Per  Annum. 

1  Superintendent $125.00  $1,500.00 

1  Bookkeeper    106.66  1,280.00 

6  Foremen,  each   100.00  1,200.00 

3  Assistant  Foremen,  each   83.33  1,000.00 

2  Garbage  Foremen,  each   100.00  1,200.00 

2  Assistant  Garbage  Foremen,  each   ....     83.33  1,000.00 

1  Stable  Foreman   110.00  1,320.00 

1  Assistant  Stable  Foreman   75.00  900.00 

1  Stenographer    70.00  840.00 

Chauffeurs $3.00  per  day 

Flusher  Chauffeurs   4.00  per  day 

Watchmen    2.50  per  day 

Blacksmith  Foreman 60  per  hour 

Blacksmiths 50  per  hour 

Blacksmith  Helpers 25  per  hour 

Carpenters     60  per  hour 

Horseshoers     44^2  per  hour 

Laborers    30  per  hour 

Painters 50  per  hour 

Plumbers    70  per  hour 

Skilled  Laborers 35  per  hour 

Two-animal  teams,  including  driver 6.00  per  day 

Treasurer's  Department. 

Treasurer  elected  by  the  people  for  a  term  of  four  (4)  years. 

Ordinance  November  15,  1901 : 

Per  Month.     Per  Annum. 

1  Treasurer    $291.66  $3,500.00 


748  LIST  OF  POSITIONS. 


Ordinance  September  30,  1895 : 

1  Clerk    125.00  1,500.00 

Ordinance  March  7,  1919: 

2  Additional  Clerks,  each 75.00  900.00 

University  of  Louisville. 

Authorized  by  an  Act  of  the  General  Assembly  of  the  State 
of  Kentucky,  approved  February  7,  1846. 

Board  of  Trustees  composed  of  ten  (10)  members,  two  (2) 
to  be  elected  in  March  every  two  (2)  years,  by  the  Mayor  and 
the  General  Council  of  the  city  of  Louisville,  for  a  term  of  ten 
(10)   years. 

Veteran  Firemen's  Home. 

Ordinance  July  2,  1900 : 
President  of  Veteran  Firemen's  Home  is  allowed  a  sum  each 
month  not  to  exceed  $75.00  per  month  for  employes  and  ex- 
penses, or  $900.00  per  year. 

Weights  and  Measures  Department. 

Inspector  of  Weights  and  Measures  appointed  by  the  Mayor. 

Ordinance  April  24,  1919: 

Per  Month.     Per  Annum. 

1  Inspector   $125.00  $1,500.00 

Not  to  exceed  two  Deputies,  each 75.00  900.00 

Wharves. 

Superintendent  appointed  by  Board  of  Public  Works. 

Act  February  28,  1902.     (Sec.  2860,  City  Charter.) 

Resolution  Board  of  Public  Works,  December  15,  1911: 

Per  Month.     Per  Annum. 
1  Superintendent $200.00  $2,400.00 

Resolution  January  13,  1914: 

1  Assistant  Superintendent 100.00  1,200.00 

Other  employes  and  expenses  subject  to  approval  of  Board  of 
Public  Works. 


ORGANIZATION  OF  GENERAL  COUNCIL. 749 

Workhouse. 

Emplo\''es  appointed  by  the  Board  of  Public  Safety. 
Ordinance  March  7,  1919: 

Per  Month,     Per  Annum. 

1  Superintendent $125.00  $1,500.00 

1  Druggist  (who  shall  act  as  clerk)   75.00  900.00 

1  Quarry  Foreman   75.00  900.00 

1  Day    Watchman     (who    shall    also    be 

prison  wagon  driver)    70.00  840.00 

1  House  Engineer 70.00  840.00 

1  Quarry  Engineer 70.00  840.00 

1  Nightwatchman    70.00  840.00 

1  Prison  Cook    65.00  780.00 

1  Blacksmith    60.00  720.00 

7  Guards,  each  .'. 60.00  720.00 

1  Hostler  and  Gardener 40.00  480.00 

1  House   Cook    20.00  240.00 

1  Night  Fireman 60.00  720.00 

1  Matron 60.00  720.00 

Total,  20  employes. 

ORGANIZATION  OF  THE  GENERAL  COUNCIL. 

The  members  of  the  Board  of  Aldermen  and  the  Board  of 
Councilmen  are  elected  the  first  Tuesday  after  the  first  Mon- 
day in  November  for  a  term  of  two  years,  and  meet  at  their 
chambers  for  organization  on  the  first  Tuesday  succeeding 
the  election.  At  the  organization  the  former  clerk  of  each  board 
calls  the  members  to  order  and  presides  until  a  permanent  presi- 
dent for  the  year  shall  have  been  elected. 

The  clerk  first  proceeds  to  call  the  roll  of  members,  and  find- 
ing a  quorum  present,  a  judge  or  justice  of  the  peace  or  his 
honor,  the  Mayor,  being  present,  the  following  oath,  as  pre- 
scribed by  the  State  Constitution,  is  administered  to  the  newly 
elected  members : 

"I, ,  do  solemnly  swear   (or  affirm,  as  the 

case  may  be)  that  I  will  support  the  Constitution  of  the  United 
States  and  the  Constitution  of  this  Commonwealth,  the  charter 
and  ordinances  of  the  city  of  Louisville,  and  be  faithful  and  true 
to  the  Commonwealth  of  Kentucky,  so  long  as  I  continue  a  citi- 
zen thereof,  and  that  I  will  faithfully  execute  to  the  best  of  my 


750  ORGANIZATION  OF  GENERAL  COUNCIL. 

ability  the  office  of  councilman  (or  alderman)  according  to  law 
and  ordinance,  and  I  do  further  solemnly  swear  (or  affirm)  that 
since  the  adoption  of  the  present  Constitution,  I  being  a  citizen 
of  this  State,  have  not  fought  a  duel  with  deadly  weapons  within 
this  State,  nor  out  of  it ;  nor  have  I  sent  or  accepted  a  challenge 
to  fight  a  duel  with  deadly  weapons,  nor  have  I  acted  as  second 
in  carrying  a  challenge,  nor  aided  or  assisted  any  person  thus 
offending;  and  I  do  further  solemnly  swear  that  I  possess  the 
qualifications  prescribed  by  an  act  of  the  General  Assembly,  en- 
titled 'An  Act  for  the  government  of  cities  of  the  first  class'  (ap- 
proved July  1,  1893) ,  and  that  I  am  not  subject  to  any  disabilities 
which  render  me  ineligible  to  hold  the  office  for  which  I  have 
been  elected." 

The  next  business  in  order,  which  is  then  announced  by  the 
clerk,  is  the  election  of  a  president  for  the  ensuing  year,  nomi- 
nations being  declared  in  order.  When  the  nominations  shall 
have  closed,  the  vote  is  taken  viva  voce,  calling  the  roll  of  mem- 
bers. The  clerk  announces  the  result,  and  appoints  a  commit- 
tee of  two  to  conduct  the  president-elect  to  his  chair. 

The  clerk  then  retiring,  the  president  then  announces  the 
next  business  in  order,  the  election  of  a  clerk  for  the  ensuing 
two  years.  A  temporary  clerk  being  appointed,  the  voting  for 
a  clerk  is  proceeded  with  in  the  same  manner  as  for  president 
and  the  result  being  announced,  the  newly  elected  clerk  assumes 
the  duties  of  this  office,  and  takes  the  same  oath  of  office  im- 
posed upon  the  members  of  the  General  Council. 

In  like  manner  two  pages  are  elected.  The  president  is 
authorized  to  request  the  chief  of  police  to  detail  a  policeman  to 
act  as  sergeant-at-arms,  whose  duty  it  shall  be  to  preserve  order 
in  the  lobby  and  enforce  the  orders  of  the  president. 

The  members  of  the  Board  of  Councilmen  occupy  seats  in  the 
order  of  the  wards  represented  by  them. 

It  is  the  custom  to  adopt  the  rules  of  the  former  council  for 
the  government  of  the  current  councils,  until  the  rules  shall  have 
been  revised  and  a  new  code  adopted. 

A  committee  of  two  is  next  appointed  to  notify  the  other 
board  that  this  board  is  organized,  and  a  joint  committee  of  two 
from  each  board  is  appointed  to  convey  like  information  to  his 
honor,  the  Mayor. 

It  is  the  custom  for  the  president  to  appoint  the  standing 
committees  at  the  first  meeting  after  the  organization. 


RULES  OF  BOARD  OF  ALDERMEN. 


1.  The  president  with  three  members  of  the  Board  of  Alder- 
men shall  be  a  sufficient  number  to  adjourn,  five  to  call  a  council 
and  send  for  absent  members,  and  make  an  order  for  their 
censure;  and  a  majority  of  said  board  to  proceed  to  business. 

2.  The  president  shall  take  the  chair  at  every  meeting  at 
the  hour  to  which  the  council  had  adjourned  at  the  preceding 
meeting.  He  shall  immediately  call  the  members  to  order,  and, 
on  the  appearance  of  a  quorum,  he  shall  cause  the  journal  of 
the  preceding  meeting  to  be  read,  and,  when  approved,  shall  at 
once  be  signed  by  the  president,  in  the  presence  of  the  Board  of 
Aldermen,  before  proceeding  with  any  other  business. 

3.  He  shall  preserve  order  and  decorum,  and  may  speak  to 
points  of  order  in  preference  to  other  members  without  rising 
from  his  chair  for  that  purpose.  He  shall  decide  questions  of 
order,  subject  to  an  appeal  to  the  Board  of  Aldermen,  on  the 
request  of  one  member. 

4.  The  business  of  the  board  shall  be — 

First — Reading  of  the  minutes  of  the  preceding  meeting. 

Second — ^Communications  from  the  Mayor. 

Third — New  business,  to  be  called  by  the  roll,  in  regular 
order,  until  all  the  members  are  called. 

Fourth — Reports  of  Boards  of  Public  Works  and  Public 
Safety  and  city  officers. 

Fifth — Reports  of  standing  committees. 

Sixth — Reports  from  special  committees. 

Seventh — Unfinished  business. 

5.  If  the  order  of  business  is  not  gone  through  at  any  meet- 
ing, it  shall  be  the  duty  of  the  president  to  commence  where 
he  left  off  at  the  previous  meeting. 

6.  Questions  shall  be  distinctly  put  in  this  form,  viz:  "All 
you  who  are  of  the  opinion  that  (as  the  question  may  be)  say 
aye;  you  of  the  contrary  say  7io." 

7.  If  the  president  doubt,  or  if  a  division  be  called  for,  the 
aldermen  shall  divide.  Those  in  the  affirmative  of  the  question 
shall  first  rise  from  their  seats,  and  afterward  those  in  the  nega- 


752  RULES  OF  BOARD  OF  ALDERMEN. 

tive.    The  president  shall  thereupon  decide,  subject  to  an  appeal 
to  the  aldermen. 

8.  The  president  shall  vote  upon  all  questions,  and  when  the 
yeas  and  nays  are  called,  the  president  shall  be  first  called,  and, 
if  the  aldermen  be  equally  divided,  the  question  shall  be  lost. 

9.  The  president  shall  have  the  right  to  name  any  member 
to  perform  the  duties  of  the  chair,  but  such  substitution  shall 
not  extend  beyond  an  adjournment.  He  may  participate  in  de- 
bate when  out  of  the  chair. 

10.  The  aldermen,  in  the  absence  of  the  president,  may  ap- 
point some  one  of  their  members  president  pro  tempore  during 
said  session. 

11.  The  president  shall  appoint  the  following  standing  com- 
mittees, viz: 

Finance,  revision,  courts  of  justice,  contracts,  streets  (Eastern 
district),  streets  (Western  district),  railroads,  assessments, 
sewers  (Eastern  district),  sewers  (Western  district),  bonds, 
wharf,  Police  Department,  Fire  Department,  courthouse  and 
city  buildings,  printing,  gas  and  water,  health,  grievances, 
cemeteries,  public  charities,  insurance,  parks,  street  improve- 
ments, rules,  charter  amendments,  and  one  member  of  joint 
committee  on  city  buyer's  department. 

No  committee  shall  sit  during  the  session  of  the  council,  ex- 
cept the  committee  on  revision,  without  leave  of  the  board. 

12.  The  committee  on  revision,  bonds,  and  contracts,  shall 
have  the  privilege  to  report  at  any  time. 

13.  No  payroll  or  voucher  will  be  entertained  by  the  Board 
of  Aldermen  unless  registered  by  the  Comptroller  on  or  before 
the  day  of  the  meeting  of  the  General  Council. 

Debate. 

14.  When  a  member  is  about  to  speak  in  debate,  or  deliver 
any  matter  to  the  Board  of  Aldermen,  he  shall  rise  and  respect- 
fully address  himself  to  Mr.  President. 

15.  If  any  member,  in  speaking  or  otherwise,  transgress  the 
rules  of  the  Board  of  Aldermen,  the  president  shall,  or  any  mem- 
ber may,  call  to  order  such  member,  and  any  member  so  called 
to  order,  shall  immediately  sit  down,  unless  permitted  to  ex- 
plain; and  the  Board  of  Aldermen,  if  appealed  to,  shall  decide 
on  the  case  without  debate.    If  the  decision  shall  be  in  favor  of 


RULES  OF  BOARD  OF  ALDERMEN. 753 

the  member  called  to  order,  he  shall  be  at  liberty  to  proceed;  if 
against  him,  and  the  case  requires  it,  he  shall  be  liable  to  the 
censure  of  the  Board  of  Aldermen. 

16.  When  two  or  more  members  rise  at  the  same  time  to 
speak,  the  president  shall  name  the  first  to  speak. 

17.  No  member  shall  speak  more  than  twice  on  the  same 
question  without  leave  of  the  Board  of  Aldermen,  nor  more  than 
once  until  every  member  of  the  Board  of  Aldermen  choosing  to 
speak  shall  have  spoken ;  and  no  member  shall  speak  longer  than 
five  minutes  without  leave  of  the  Board  of  Aldermen. 

18.  While  the  president  is  putting  a  question  or  addressing 
the  Board  of  Aldermen,  none  shall  walk  across  or  out  of  board; 
neither  in  such  case,  when  a  member  is  speaking,  shall  any 
entertain  private  discourse,  nor  while  a  member  is  speaking  shall 
any  pass  between  him  and  the  president. 

19.  Every  member  who  shall  be  in  the  chamber  when  a 
question  is  put  shall  vote  upon  one  side  or  the  other,  unless  the 
Board  of  Aldermen,  for  special  cause  shall  excuse  him. 

20.  When  a  motion  is  made  and  seconded  it  shall  be  stated 
by  the  president,  or,  being  in  writing,  shall  be  handed  to  the 
chair,  and  read  aloud  by  the  clerk.  Every  motion  shall  be  re- 
duced to  writing,  if  the  president  or  any  member  desires  it. 

21.  After  a  motion  is  stated  by  the  president,  or  read  by 
the  clerk,  it  shall  be  considered  in  possession  of  the  Board  of 
Aldermen,  but  may  be  withdrawn  at  any  time,  before  a  decision 
or  amendments,  by  the  mover  thereof. 

22.  When  a  question  is  under  debate,  no  motion  shall  be 
received  unless  to  adjourn,  for  the  previous  question  to  lay  on 
the  table,  to  postpone  it,  to  commit  it,  to  amend  it,  and  each 
motion  shall  be  decided  in  the  order  named. 

23.  A  motion  to  adjourn  shall  always  be  in  order,  unless 
the  Board  of  Aldermen  is  engaged  in  voting,  and  shall  be  de- 
cided without  debate. 

24.  The  previous  question  being  moved  and  seconded,  the 
question  from  the  chair  shall  be:  "Shall  the  main  question  be 
now  put?"  and  if  the  nays  prevail  the  main  question  shall  not  then 
be  put.  But  a  refusal  to  sustain  the  previous  question  shall  not 
bar  the  Board  of  Aldermen  from  proceeding  forthwith  to  the 
consideration  of  the  subject.  The  effect  of  the  previous  question 
shall  be  to  put  an  end  to  all  debate,  bringing  the  Board   of 


754  RULES  OF  BOARD  OF  ALDERMEN. 

Aldermen  to  direct  vote  upon  the  amendments  reported  by  a 
committee,  if  any,  then  upon  pending  amendments,  and  then 
upon  the  main  question. 

25.  Any  member  may  call  for  the  division  of  a  question 
when  the  sense  will  admit  of  it. 

26.  A  motion  for  amendments,  until  it  is  decided,  shall  pre- 
clude all  other  amendments  of  the  main  question. 

27.  Motions  and  reports  may  be  committed  at  the  pleasure 
of  the  Board  of  Aldermen. 

28.  No  motion  or  proposition  on  a  subject  different  from 
that  under  consideration  shall  be  admitted  under  color  of  an 
amendment. 

29.  In  all  cases  of  election  there  shall  be  a  previous  nomi- 
nation by  some  member  of  the  Board  of  Aldermen  or  other 
officers  authorized  to  do  so. 

30.  If  a  question  pending  be  lost  by  adjournment  of  the 
Board  of  Aldermen,  and  revived  on  the  succeeding  meeting,  no 
member  who  has  spoken  twice  at  the  previous  meeting  on  said 
question  shall  speak  on  said  question  again  without  leave. 

31.  Petitions,  memorials,  and  other  papers  addressed  to  the 
Board  of  Aldermen  may  be  presented  by  any  member  in  his 
place,  who  shall  briefly  state  to  the  board  the  contents  thereof, 
which  may  be  received,  read,  and  referred  on  the  same  day  to 
the  appropriate  committee. 

32.  On  a  call  of  the  Board  of  Aldermen  for  the  yeas  and 
nays  on  any  question  pending,  the  names  of  the  members  shall 
be  called  alphabetically,  which  call  may  be  made  at  any  time 
when  a  division  as  count  may  be  had. 

33.  On  the  call  of  the  Board  of  Aldermen  the  door  shall 
not  be  shut  against  any  member  until  his  name  shall  be  twice 
called,  and  then  the  absentees  shall  be  noted  down  by  the  clerk. 

34.  A  motion  to  proceed  or  dispose  with  the  order  of  the 
day,  dispense  with  any  rule  of  the  board,  to  take  up  an  ordi- 
nance or  resolution  out  of  its  regular  order,  shall  require  a  ma- 
jority of  two-thirds  of  the  members  elect;  to  commit  or  recom- 
mit shall  be  propounded  without  debate.  A  motion  to  recon- 
sider a  vote  shall  not  be  made  after  the  next  meeting  of  the 
Board  of  Aldermen  at  which  such  vote  was  adopted.  All  propo- 
sitions, petitions,  resolutions,  ordinances  or  other  matter  con- 
nected with  the  city,  shall  be  referred  to  the  appropriate  stand- 


RULES  OF  BOARD  OF  ALDERMEN.  755 

ing  committees  for  consideration  upon  the  request  of  any  mem- 
ber, and  reasonable  time  shall  be  given  such  member  to  be 
heard  before  such  committee. 

35.  The  chairman  of  a  committee  to  whom  is  referred  any 
subject  for  investigation  shall  submit  the  report  of  the  com- 
mittee at  the  next  regular  meeting  of  the  Board  of  Aldermen, 
or  within  a  reasonable  time  thereafter;  and  all  reports,  whether 
in  favor  of  or  against  any  matter  referred,  shall  be  in  writing, 
if  required  by  the  president;  and  in  all  cases  where  the  report 
is  against  the  question  referred,  the  reasons  for  said  report  shall 
be  given,  but  this  rule  shall  not  interfere  with  the  right  to  move 
a  reconsideration. 

35a.  That  the  rules  be  so  amended  as  to  provide  that  all 
committees  shall  make  their  reports  to  the  Board  of  Aldermen, 
whether  upon  ordinances,  payrolls  or  resolutions,  in  writing.  In 
the  event  the  report  is  unfavorable  the  reasons  shall  be  given  in 
full,  but  in  case  the  report  is  favorable  it  shall  be  sufficient  that 
the  word  "approved"  be  endorsed  upon  the  ordinance,  payroll 
or  resolution,  but  in  any  event  the  members  of  the  committee 
making  the  report  shall  sign  the  same.  (Amended  by  resolution 
of  Board  of  Aldermen.) 

36.  All  propositions,  ordinances,  or  resolutions,  which  have 
been  once  rejected  by  the  Board  of  Aldermen  shall  not  be  again 
introduced  unless  by  special  leave  granted  by  a  vote  of  a  ma- 
jority of  the  members-elect. 

Ordinances. 

37.  Every  ordinance  shall  be  read  in  full  in  each  board. 

38.  Upon  reading  of  the  ordinance  the  president  shall  state 
that  it  is  ready  for  amendment  or  recommitment,  and  if  there 
is  no  motion  to  amend  or  recommit,  the  question  shall  be  on  its 
passage. 

39.  Upon  the  passage  of  any  ordinance  appropriating 
moneys,  or  the  paving  or  grading  of  any  street,  alley,  sidewalk, 
or  the  digging  or  walling  of  any  well  or  cistern  in  said  city, 
the  yeas  and  nays  shall  be  taken  and  recorded  in  full. 

Amending  Rules. 

40.  No  standing  rule  or  order  of  the  Board  of  Aldermen 
shall  be  rescinded  or  changed,  or  new  rules  introduced,  unless 


756  RULES  OF  BOARD  OF  ALDERMEN. 


notice  of  the  motion  thereof  had  been  given  at  the  preceding 
meeting. 

41.  No  standing  rule  or  order  of  the  Board  of  Aldermen 
shall  be  dispensed  with  unless  two-thirds  of  the  members-elect 
concur  therein. 

42.  No  ordinance  or  resolution  for  the  expenditure  of  money 
will  be  entertained  by  this  board  after  the  appropriation  for  the 
purposes  referred  to  in  said  ordinance  or  resolution  has  been 
exhausted. 

43.  No  ordinance  or  resolution  for  the  expenditure  of  money 
will  be  entertained  unless  the  approximate  cost  is  endorsed  on 
same  by  the  department  to  which  it  belongs,  except  by  consent 
of  two-thirds  of  the  members-elect. 

44.  No  person,  except  members,  city  officers  or  reporters 
for  the  city  press,  shall  be  admitted  upon  the  floor  of  the  cham- 
ber, unless  permitted  by  a  vote  of  the  Board  of  Aldermen;  nor 
shall  there  be  any  smoking  within  the  chamber  during  the  sit- 
ting of  the  board.  It  shall  be  the  duty  of  the  sergeant-at-arms 
to  enforce  this  rule  with  such  aid  as  may  be  necessary,  to  be 
detailed  by  the  chief  of  police. 

45.  No  member  shall  leave  the  chamber  without  special  leave 
being  granted. 

Committee  of  the  Whole. 

46.  The  Board  of  Aldermen  may  at  any  time  resolve  itself 
into  a  committee  of  the  whole  on  the  state  of  the  city. 

47.  In  forming  a  committee  of  the  whole  the  president  shall 
leave  the  chair,  and  a  chairman  to  preside  in  said  committee 
shall  be  appointed  by  the  president. 

48.  All  amendments  made  to  the  original  proposition  in  com- 
mittee of  the  whole  shall  be  incorporated  with  it,  and  so  re- 
ported. 

49.  The  rules  of  proceeding  in  the  Board  of  Aldermen  shall 
be  observed  in  the  committee  of  the  whole  so  far  as  they  are 
applicable. 

50.  A  motion  for  the  rising  of  the  committee  shall  always 
be  in  order  unless  a  member  is  speaking,  and  shall  be  decided 
without  debate. 

51.  In  the  absence  of  a  standing  rule  the  board  shall  have 
reference  to  Cushing's  Manual. 


RULES  OF  THE  BOARD  OF  COUNCILMEN. 


1.  The  president,  with  three  members  of  the  Board  of  Coun- 
cilmen,  shall  be  a  sufficient  number  to  adjourn,  five  to  call  a 
council  and  send  for  absent  members,  and  make  an  order  for 
their  censure;  and  a  majority  of  said  board  to  proceed  to  busi- 
ness, 

2.  The  president  shall  take  the  chair  at  every  meeting  at 
the  hour  to  which  the  council  had  adjourned  at  the  preceding 
meeting.  He  shall  immediately  call  the  members  to  order,  and, 
on  the  appearance  of  a  quorum,  he  shall  cause  the  journal  of 
the  preceding  meeting  to  be  read  unless  the  reading  thereof  be 
dispensed  with  by  vote  of  two-thirds  of  the  members-elect,  and 
when  approved  shall  at  once  be  signed  by  the  president,  in  the 
presence  of  the  Board  of  Councilmen,  before  proceeding  with 
any  other  business. 

3.  He  shall  preserve  order  and  decorum,  may  speak  to 
points  of  order  in  preference  to  other  members,  without  rising 
from  his  chair  for  that  purpose.  He  shall  decide  questions  of 
order,  subject  to  an  appeal  to  the  Board  of  Councilmen  on  the 
request  of  one  member. 

4.  The  business  of  the  council  shall  be — 

First — Reading  of  minutes  of  preceding  meeting. 

Second — Communications  from  the  Mayor  and  other  city 
officers. 

Third — Reports  of  standing  committees  for  payrolls  and 
vouchers. 

Foii7i:Ji — Papers  from  the  Board  of  Aldermen. 

Fifth — Unfinished  business. 

Sixth — Reports  of  standing  committees. 

Seventh — Reports  from  special  committees. 

Eighth — New  business,  to  be  called  by  wards,  commencing 
at  the  Sixth  and  Seventh  Wards,  alternately,  in  regular  order, 
until  all  the  wards  are  called. 

5.  If  the  order  of  business  is  not  gone  through  with  at  any 
meeting,  it  shall  be  the  duty  of  the  president  to  commence  where 
he  left  off  at  the  previous  meeting. 


758 RULES  OF  BOARD  OF  COUNCILMEN. 

6.  Questions  shall  be  distinctly  put  in  this  form,  viz:  "All 
you  who  are  of  the  opinion  that  (as  the  question  may  be)  say 
aye;  you  of  the  contrary  say  no." 

7.  If  the  president  doubt,  or  if  a  division  be  called  for,  the 
councilmen  shall  divide.  Those  in  the  affirmative  of  the  question 
shall  first  rise  from  their  seats,  and  afterwards  those  in  the 
negative.  The  president  shall  thereupon  decide  subject  to  an 
appeal  to  the  board. 

8.  The  president  shall  vote  upon  all  questions,  and  when 
the  yeas  and  nays  are  called,  the  president  shall  be  first  called, 
and,  if  the  councilmen  be  equally  divided,  the  question  shall  be 
lost. 

9.  The  president  shall  have  the  right  to  name  any  member 
to  perform  the  duties  of  the  chair,  but  such  substitution  shall 
not  extend  beyond  an  adjournment.  He  may  participate  in 
debate  when  out  of  the  chair. 

10.  The  councilmen,  in  the  absence  of  the  president,  may 
appoint  some  one  of  their  members  president  pro  tempore  dur- 
ing said  session. 

11.  The  president  shall  appoint  the  following  standing  com- 
mittees, viz: 

Finance,  revision,  courts  of  justice,  contracts,  streets  (East- 
ern district),  streets  (Western  district),  railroad,  assessments, 
sewers  (Eastern  district),  sewers  (Western  district),  bonds, 
wharf,  Police  Department,  Fire  Department,  city  building, 
printing,  gas  and  water,  inspector  of  buildings,  health,  griev- 
ances, cemeteries,  public  charities,  insurance,  parks,  engineers, 
street  improvement,  rules,  charter  amendments,  and  two  mem- 
bers of  joint  committee  on  the  city  buyer's  department. 

No  committee  shall  sit  during  the  session  of  the  council,  ex- 
cept the  committee  on  revision,  without  leave  of  the  council. 

12.  The  committee  on  revision,  bonds,  and  contracts,  shall 
have  the  privilege  to  report  at  any  time, 

13.  No  payroll  or  voucher  will  be  entertained  by  the  Board 
of  Councilmen  if  not  registered  on  or  before  the  second  day  pre- 
c.eding  the  meeting  of  the  General  Council. 

Debate. 

14.  When  a  member  is  about  to  speak  in  debate,  or  deliver 
any  matter  to  the  Board  of  Councilmen,  he  shall  rise  and  re- 
spectfully address  himself  to  Mr.  President. 


RULES  OF  BOARD  OF  COUNCILMEN. 759 

15.  If  any  member,  in  speaking  or  otherwise,  transgress  the 
rules  of  the  Board  of  Councilmen,  the  president  shall,  or  any 
member  may,  call  to  order  such  members  and  any  member  so 
called  to  order  shall  immediately  sit  down  unless  permitted  to 
explain;  and  the  Board  of  Councilmen,  if  appealed  to,  shall  de- 
cide on  the  case  without  debate.  If  the  decision  shall  be  in 
favor  of  the  member  called  to  order,  he  shall  be  at  liberty  to 
proceed;  if  against  him,  and  the  case  requires  it,  he  shall  be 
liable  to  the  censure  of  the  Board  of  Councilmen. 

16.  When  two  or  more  members  rise  at  the  same  time  to 
speak,  the  president  shall  name  the  first  to  speak, 

17.  No  member  shall  speak  more  than  twice  on  the  same 
question  without  leave  of  the  Board  of  Councilmen,  nor  more 
than  once  until  every  member  in  the  Board  of  Councilmen 
choosing  to  speak  shall  have  spoken ;  and  no  member  shall  speak 
longer  than  five  minutes  without  leave  of  the  Board  of  Council- 
men. 

18.  While  the  president  is  putting  the  question  or  address- 
ing the  Board  of  Councilmen,  none  shall  walk  across  or  out  of 
the  council;  neither  in  such  case,  when  a  member  is  speaking, 
shall  any  entertain  private  discourse,  nor  while  a  member  is 
speaking  shall  any  pass  between  him  and  the  president. 

19.  Every  member  who  shall  be  in  the  council  chamber 
when  a  question  is  put  shall  vote  upon  one  side  or  the  other, 
unless  the  Board  of  Councilmen,  for  special  cause,  shall  excuse 
him. 

20.  When  a  motion  is  made  and  seconded,  it  shall  be  stated 
by  the  president,  or,  being  in  writing,  shall  be  handed  to  the 
chair  and  read  aloud  by  the  clerk.  Every  motion  shall  be  re- 
duced to  writing  if  the  president  or  any  member  desires  it, 

21.  After  d.  motion  is  stated  by  the  president  or  read  by  the 
clerk,  it  shall  be  considered  in  possession  of  the  Board  of  Coun- 
cilmen, but  may  be  withdrawn  at  any  time,  before  a  decision, 
or  amendments,  by  the  mover  thereof. 

22.  When  a  question  is  under  debate,  no  motion  shall  be 
received  unless  to  adjourn,  for  the  previous  question,  to  lay  on 
the  table,  to  postpone  it,  to  commit  it,  to  amend  it,  and  each 
motion  shall  be  decided  in  the  order  named, 

23.  A  motion  to  adjourn  shall  always  be  in  order,  unless 


760  RULES  OF  BOARD  OF  COUNCILMEN. 

the  Board  of  Councilmen  is  engaged  in  voting,  and  shall  be  de- 
cided without  debate. 

24.  No  explanation  of  any  vote  shall  be  permitted  pending 
the  call  of  the  yeas  and  nays  on  an  undebatable  question. 

25.  The  previous  question  being  moved  and  seconded,  the 
question  from  the  chair  shall  be:  "Shall  the  main  question  be 
now  put?"  and  if  the  nays  prevail,  the  main  question  shall  not 
then  be  put.  But  a  refusal  to  sustain  the  previous  question 
shall  not  bar  the  Board  of  Councilmen  from  proceeding  forth- 
with to  the  consideration  of  the  subject.  The  effect  of  the 
previous  question  shall  be  to  put  an  end  to  all  debate,  bringing 
the  Board  of  Councilmen  to  a  direct  vote  upon  the  amendments 
reported  by  a  committee,  if  any,  then  upon  pending  amendments, 
and  then  upon  the  main  question. 

26.  Any  member  may  call  for  the  division  of  a  question  when 
the  sense  will  admit  of  it. 

27.  A  motion  for  amendment,  until  it  is  decided,  shall  pre- 
clude all  other  amendments  and  the  main  question. 

28.  Motions  and  reports  may  be  committed  at  the  pleasure 
of  the  Board  of  Councilmen. 

29.  No  motion  or  proposition  on  a  subject  different  from 
that  under  consideration  shall  be  admitted  under  color  of  an 
amendment. 

30.  In  all  cases  of  elections  there  shall  be  a  previous  nomi- 
nation by  some  members  of  the  Board  of  Councilmen  or  other 
officers  authorized  to  do  so. 

31.  If  a  question  pending  be  lost  by  adjournment  of  the 
Board  of  Councilmen  and  revived  on  the  succeeding  meeting, 
no  member  who  has  spoken  twice  at  the  previous  meeting  on 
said  question  shall  speak  on  said  question  again  without  leave. 

32.  Petitions,  memorials,  and  other  papers  addressed  to  the 
Board  of  Councilmen  may  be  presented  by  any  member  in  his 
place,  who  shall  briefly  state  to  the  council  the  contents  thereof, 
which  may  be  received,  read  and  referred  on  the  same  day  to 
the  appropriate  committee. 

33.  On  a  call  of  the  Board  of  Councilmen  for  the  yeas  and 
nays  or  any  question  pending,  the  names  of  the  members  shall 
be  called  alphabetically,  which  call  may  be  made  at  any  time 
when  a  division  or  account  may  be  had. 


RULES  OF  BOARD  OF  COUNCILMEN.  761 


34.  On  the  call  of  the  Board  of  Coimcilmen  the  door  shall 
not  be  shut  against  any  member  until  his  name  shall  be  twice 
called,  and  then  the  absentee  shall  be  noted  down  by  the  clerk. 

35.  No  member  while  in  debate  shall  name  any  other  mem- 
ber present. 

36.  All  propositions,  petitions,  resolutions,  ordinances,  or 
other  matters  connected  with  the  city,  shall  be  referred  to  the 
appropriate  standing  committees  for  consideration,  upon  the 
request  of  any  member,  and  reasonable  time  shall  be  given  such 
member  to  be  heard  before  such  committee. 

37.  A  motion  to  proceed  or  dispense  with  the  orders  of  the 
day,  dispense  with  any  rule  of  the  council,  to  take  up  an  ordi- 
nance or  resolution  out  of  its  regular  order,  shall  require  a  ma- 
jority of  two- thirds  of  the  members  elect;  to  commit  or  recom- 
mit, shall  be  propounded  without  debate.  A  motion  to  reconsider 
a  vote  shall  not  be  made  after  the  next  meeting  of  the  Board  of 
Councilmen  at  which  such  vote  was  adopted. 

38.  The  chairman  of  a  committee  to  whom  is  referred  any 
subject  for  investigation  shall  submit  the  report  of  the  com- 
mittee at  the  next  regular  meeting  of  the  Board  of  Councilmen, 
or  within  a  reasonable  time  thereafter;  and  all  reports,  whether 
in  favor  of  or  against  any  matter  referred,  shall  be  in  writing, 
if  required  by  the  president;  and  in  all  cases  where  the  report 
is  against  the  question  referred,  the  reasons  for  said  report  shall 
be  given,  but  this  rule  shall  not  interfere  with  the  right  to  move 
a  reconsideration. 

39.  All  propositions,  ordinances,  or  resolutions,  which  have 
once  been  rejected  by  the  Board  of  Councilmen,  shall  not  be 
again  introduced,  unless  by  special  leave  granted  by  the  vote  of 
a  majority  of  the  members-elect. 

Ordinances. 

40.  Every  ordinance  shall  be  read  in  full  in  each  board. 

41.  Upon  the  reading  of  the  ordinance,  the  president  shall 
state  it  is  ready  for  amendment  or  recommitment,  and,  if  there 
is  no  motion  to  amend  or  recommit,  the  question  shall  be  on  its 
passage. 

42.  Upon  the  passage  of  any  ordinance  appropriating 
moneys,  or  for  the  paving  or  grading  of  any  street,  alley,  side- 


762 RULES  OF  BOARD  OF  COUNCILMEN. 

walk,  or  the  digging  or  walling  of  any  cistern  in  said  city,  the 
yeas  and  nays  shall  be  taken  and  recorded  in  full. 

43.  All  ordinances,  resolutions,  claims,  and  other  papers 
originating  in  the  Board  of  Aldermen,  and  reported  to  the  Board 
of  Councilmen  as  passed,  shall  be  handed  to  the  clerk  and  im- 
mediately read  by  him,  when  he  shall  refer  them  to  appropriate 
committees,  unless  otherwise  ordered  by  the  Board  of  Council- 
men,  keeping  a  record  to  what  committee  they  were  referred. 

44.  All  ordinances,  resolutions,  claims  and  other  papers 
originating  in  the  Board  of  Councilmen  and  passed  or  referred 
to  a  joint  committee  shall  be  transmitted  to  the  clerk  of  the 
Board  of  Aldermen;  but  before  being  transferred  to  the  said 
clerk  a  record  of  same  shall  be  made. 

Amending  Rules. 

45.  No  standing  rule  or  order  of  the  Board  of  Councilmen 
shall  be  rescinded  or  changed  or  new  rules  introduced,  unless 
notice  of  the  motion  thereof  had  been  given  at  the  preceding 
meeting. 

46.  No  standing  rules  or  order  of  the  Board  of  Councilmen 
shall  be  dispensed  with  unless  two-thirds  of  the  members-elect 
concur  therein. 

47.  No  ordinance  or  resolution  for  the  expenditure  of  money 
will  be  entertained  by  this  board  after  the  appropriation  for 
the  purposes  referred  to  in  said  ordinance  or  resolution  has 
been  exhausted. 

48.  No  ordinance  or  resolution  for  the  expenditure  of  money 
shall  be  entertained  unless  the  approximate  cost  is  endorsed  on 
same  by  the  department  to  which  it  belongs,  except  by  consent 
of  two-thirds  of  the  members-elect. 

49.  No  person,  except  members,  city  officers,  reporters  for 
the  city  press,  shall  be  admitted  upon  the  floor  of  the  council 
chamber,  unless  permitted  by  a  vote  of  the  Board  of  Council- 
men  ;  nor  shall  there  be  any  smoking  within  the  chamber  during 
the  sitting  of  the  board.  It  shall  be  the  duty  of  the  sergeant-at- 
arms  to  enforce  its  rule  with  such  aid  as  may  be  necessary,  to 
be  detailed  by  the  chief  of  police. 

50.  No  member  shall  leave  the  council  chamber  without 
special  leave  being  granted. 


RULES  OF  BOARD  OF  COUNCILMEN. 763 

51.  That  the  Board  of  Councilmen  shall  adjourn  at  10:30 
o'clock  p.  m.,  motions  and  resolutions  to  the  contrary  notwith- 
standing. 

52.  All  papers  shall  be  and  remain  in  the  custody  and  pos- 
session of  the  clerk  of  the  board,  and  when  delivered  by  him  to 
the  chairman  or  any  member  of  the  committee  entitled  to  them, 
the  clerk  shall  make  a  memorandum  of  same  and  may  demand  a 
receipt  for  same. 

Committee  of  the  Whole. 

53.  The  Board  of  Councilmen  may  at  any  time  resolve  itself 
into  a  committee  of  the  whole  on  the  state  of  the  city. 

54.  In  forming  a  committee  of  the  whole  the  president  shall 
leave  the  chair,  and  a  chairman  to  preside  in  said  committee 
shall  be  appointed  by  the  president. 

55.  All  amendments  made  to  the  original  proposition  in 
committee  of  the  whole  shall  be  incorporated  with  it,  and  so 
reported. 

56.  The  rules  of  proceeding  in  the  Board  of  Councilmen 
shall  be  observed  in  committee  of  the  whole  so  far  as  they  are 
applicable. 

57.  A  motion  for  the  rising  of  the  committee  shall  always 
be  in  order,  unless  a  member  is  speaking,  and  shall  be  decided 
without  debate. 

58.  In  the  absence  of  a  standing  rule  the  board  shall  have 
reference  to  "Cushing's  Manual." 


JOINT  RULES  OF  THE  GENERAL  COUNCIL. 


1.  In  all  joint  meetings  of  the  two  boards  the  president  of 
the  Board  of  Aldermen  shall  preside,  and  the  proceedings  con- 
ducted as  near  as  may  be  according  to  the  rules  of  the  Board  of 
Aldermen. 

2.  In  every  case  when  an  amendment  of  any  ordinance  or 
resolution  is  agreed  to  in  one  board  and  not  assented  to  in  the 
other  board,  if  either  board  shall  request  a  conference,  and  the 
other  board  appoint  a  committee  to  confer,  said  committee  shall, 
at  a  convenient  time  to  be  agreed  upon  by  the  chairman,  meet 
and  consult  together,  and  report  their  actions  to  their  respec- 
tive boards. 

3.  When  a  message  shall  be  sent  from  either  board,  it  shall 
be  announced  at  the  door  by  the  messenger,  and  shall  be  respect- 
fully communicated  to  the  president  by  the  person  by  whom  it 
was  sent. 

4.  While  ordinances,  resolutions,  etc.,  are  on  their  passage 
between  the  two  boards,  they  shall  be  under  the  signature  of 
the  clerks  of  their  respective  boards. 

5.  After  an  ordinance  or  resolution  has  passed  both  boards, 
it  shall  be  endorsed  by  the  clerk  of  each  board,  over  whose  sig- 
nature shall  also  be  stated  the  respective  dates  when  the  same 
was  acted  on  by  the  respective  boards. 

6.  When  the  ordinances  and  resolutions  are  so  indorsed  they 
shall  be  presented  for  the  signatures  of  the  president  of  each 
board  of  council,  and  they  then  shall  be  delivered  to  the  City 
Attorney,  by  either  clerk,  whose  duty  it  shall  be  to  examine  the 
same,  and  approve  or  disapprove  the  same  by  his  endorsement 
thereon,  after  which,  if  found  duly  passed,  and  in  conformity 
with  the  law,  they  shall  be  presented  to  the  Mayor  for  his  ap- 
proval when,  by  charter,  he  is  required  to  approve. 

7.  When  the  Board  of  Aldermen  and  the  Board  of  Council- 
men  shall  judge  it  proper  to  make  a  joint  address  to  the  Mayor, 
it  shall  be  presented  to  him  in  his  office  by  the  president  of  the 
Board  of  Aldermen,  in  the  presence  of  the  president  of  the 
Board  of  Councilmen. 


JOINT  RULES  OF  GENERAL  COUNCIL.  765 

8.  When  an  ordinance  or  resolution  which  shall  have  passed 
in  one  board  is  rejected  in  the  other,  notice  thereof  shall  be 
given  by  the  clerk  to  the  board  in  which  the  same  passed  at  the 
next  meeting. 

9.  When  there  is  a  communication  from  the  Mayor,  or  a 
message  from  either  board,  it  shall  be  received  without  delay. 
If  the  council  be  in  committee,  the  president  shall  resume  the 
chair,  and,  if  any  member  be  speaking,  he  shall  take  his  seat 
until  the  communication  or  message  be  received;  and  when  any 
papers  may  come  officially  before  either  board,  they  shall,  as  soon 
as  acted  on,  lay  the  same  before  the  other  board. 


PROVISIONS  OF  THE  STATE  CONSTITUTION 

APPLICABLE  TO  CITIES  OF  THE 

FIRST  CLASS. 


§  52.     Indebtedness  to  State  or  municipality  not  to  be  released. 

The  General  Assembly  shall  have  no  power  to  release,  extin- 
guish, or  authorize  the  releasing  or  extinguishing,  in  whole  or 
in  part,  the  indebtedness  or  liability  of  any  corporation  or  indi- 
vidual to  this  Commonwealth,  or  to  any  company  or  municipality 
thereof. 

§  60.  Special  laws — laws  to  take  effect  when  approved  by 
people.  The  General  Assembly  shall  not  indirectly  enact  any 
special  or  local  act  by  the  repeal  in  part  of  a  general  act,  or  by 


§  52.  Construction  of  section.  See 
City  V.  Eailway  Co.,  Ill  Ky.  1;  63 
S.  W.  14,  holding  that  the  City  coun- 
cil had  no  power  to  make  a  com- 
promise settlement  of  taxes;  and 
Com.  V.  Tilton,  111  Ky.  341;  63  S. 
W.  602  Cov.  &  Cinn.  Bridge  Co.  v. 
Davison,  31  E.  425,  102  S.  W.  339. 
An  agreement  between  a  bank  and 
iFi;?cal  Court  for  the  payment  of  cer- 
tain sums  in  lieu  of  taxes  held  void. 
Citizens  Nat'l  Bank  of  Lebanon  v. 
Com.,  lis  Ky.  51;  80  S.  W.  479.  An 
ordinance  modifying  a  franchise  held 
not  invalid  as  releasing  a  contract- 
ual liability  to  the  city.  Louisville 
Home  Tel.  Co.  v.  City  of  Louisville, 
130  Ky.  611 ;  113  S.  W.  855.  A  Judg- 
ment rendered  on  stipulated  facts 
in  a  tax  proceeding  not  forbidden  by 
this  section.  Com.  v.  Sou.  Pac.  Co., 
134  Ky.  421;  120  S.  W.  313.  An 
agreeemnt  by  city  officers  to  post- 
pone an  assessment  until  a  pending 
suit  is  decided  held  not  void.  Louis- 
ville Car  Wheel  &  Ev.  Supplv  Co.  v. 
Citv  of  Louisville  146  Ky.  573;  142 
S.  W.  1043.  Held  under  the  facts 
that  a  former  county  clerk  when 
sued  for  the  amount  of  alleged  forged 
warrants  upon  the  county  treasurer 
could  not  set  up  an  accord  and  satis- 
faction by  the  payment  to  the  fiscal 
court  of  pertain  delinquent  taxes. 
The   Title   Guarantv   &   Suretv   Co.    v. 


Com.,  146  Ky.  702;  143  S.  W.  401. 
Section  cited  in  Ludlow  v.  City  of 
Ludlow,  152  Ky.  545. 

S  60.  Section  2838  Ky.  Stat,  is  not 
violative  of  this  section.  Eichardson 
V.  Mehler,  111  Ky.  408;  63  S.  W.  957. 
See  Murphv  v.  City  114  Ky.  762;  71 
S.  W.  934.'  See  Hodge  v.  Bryan.  149 
Ky.  110;  148  S.  W.  21,  upholding  the 
riglit  of  the  i^egislature  to  pass  the 
Primary  Election  Law  of  1912.  See 
also  Patterson  v.  Davis,  152  Ky.  530 
An  act  providing  for  a  vote  to  decide 
whether  a  county  shall  have  free 
turnpike  and  gravel  roads  is  not 
thereby  rendered  unconstitutional. 
Mavsville  &  Lex.  Turnpike  Co.  v. 
Wiggins,  104  Ky.  540;  47  S.  W.  434. 
An  act  providing  a  mode  by  which 
tlie  State's  share  in  the  cost  of  mak- 
ing a  street  improvement  shall  be 
paid  held  constitutional.  Hager,  Au- 
ditor V.  Cast,  119  Ky.  502;  84  S.  W. 
556.  Act  of  1910  affecting  the  Lin- 
coln Listitute  and  providing  for  an 
election  to  determine  the  right  to 
operate  the  same  held  unconstitu- 
tional. Columbia  Trust  Co.  v.  Lin- 
coln Institute,  138  Ky.  804;  129  S. 
W.  113.  Section  2971  regulating  the 
escheating  of  property  to  the  use  of 
public  schools  is  not  in  conflict  with 
this  section.  Com.  v.  Thomas'  Admr., 
140  Ky.  789;  131  S.  W.  797.  The  act 
of  March  5,  1912,  regulating  primary 


PROVISIONS  OF  STATE  CONSTITUTION. 


767 


exempting  from  the  operation  of  a  general  act  any  city,  town, 
district  or  county;  but  laws  repealing  local  or  special  acts  may 
be  enacted.  No  law  shall  be  enacted  granting  powers  or  privi- 
leges in  any  case  where  the  granting  of  such  powers  or  privi- 
leges shall  have  been  provided  for  by  a  general  law,  nor  where 
the  courts  have  jurisdiction  to  grant  the  same  or  to  give  the  re- 
lief asked  for.  No  law,  except  such  as  relates  to  the  sale,  loan 
or  gift  of  vinous,  spirituous  or  malt  liquors,  bridges,  turnpikes 
or  other  public  roads,  public  buildings  or  improvements,  fencing, 
running  at  large  of  stock,  matters  pertaining  to  common 
schools,  paupers,  and  the  regulation  by  counties,  cities,  towns  or 
other  municipalities  of  their  local  affairs,  shall  be  enacted  to 
take  effect  upon  the  approval  of  any  other  authority  than  the 
General  Assembly,  unless  otherwise  expressly  provided  in  this 
Constitution. 


143. 


POLICE  COURTS. 

Establishment   and    jurisdiction   of.     A  Police  Court 


may  be  established  in  each  city  and  town  in  this  State,  with 
jurisdiction  in  cases  of  violations  of  municipal  ordinances  and 
by-laws  occurring  within   the   corporate  limits   of  the   city  or 


elections  held  not  in  couflict  with 
this  section.  Hodge  v.  Brvan,  149 
Ky.  110;  148  S.  W.  21.  See  further 
on  this  section  James,  Auditor  v. 
Barry,  138  Ky.  656;  128  S.  W.  1070; 
Western  &  Southern  Life  Ins.  Co.  v. 
Com.,  133  Ky.  292;  [Bryan  v.  Voss, 
143  Ky.  422;  James  v.  Walker,  141 
Ky.  88;  Madden  v.  Meehan,  151  Ky. 
220;  City  of  Newport  v.  Merkel  Bros. 
Co.,  15-6  Ky.  583;  161  iS.  W.  549.  The 
primary  election  act  of  1912  is  not 
in  conflict  with  this  section.  Hager 
V.  Eobinson,  154  Ky.  489,  157  S.  W. 
11?8.  A  statute  making  it  an  offense 
to  sell  or  use  branded  property  with- 
out the  consent  of  the  owners  of  the 
marks  or  devices  is  not  a  violation 
of  the  above  section.  Com.  v.  Gold- 
burg,  167  Ky.  96;   180  S.  W.  68. 

Sec.  7  of  the  Act  of  March  23,  1910, 
Ch.  81,  repealed  Ordinance  of  City  of 
Newport  imposing  license  tax  on  a 
non-resident  motor  vehicle  owner  of 
a  certain  class.  City  of  Newport  v. 
Meskel  Bros.  Co.,  156  Ky.  580,  161  S. 
W.  549. 


§  637.  Ky.  Stat,  regulating  penal- 
ties, etc.,  imposed  upon  insurance 
companies  in  other  States  greater 
than  those  imposed  under  the  laws 
of  this  State  does  not  violate  the 
above  section.  Clay,  Insurance  Com- 
missioner V.  Dixie  I^ire  Ins.  Co., 
168  Ky.   315;    183   S.   W.   529. 

§  143.  (1)  The  Police  Courts  have 
exclusive  jurisdiction  only  of  those 
offenses  denounced,  by  ordinance,  and 
not  covered  by  any  statute  or  the 
common  law,  but  where  the  offense 
punishable  by  an  ordinance  is  also 
a  statutory  or  common  law  offense, 
the  police  courts  have  only  concur- 
rent jurisdiction  of  prosecution  for 
its  violation.  Com.  v.  Hunter,  19  E. 
1109;  41  S.  W.  284;  Com.  v.  Wicker- 
sham,  99  Ky.  21;  34  S.  W.  707;  Mo- 
ron V.  Com.,  116  Kv.  859;  76  S.  W. 
]  090. 

(2)  A  city  ordinance  may  fix  a 
greater,  but  can  not  fix  a  less,  pen- 
alty for  an  offense  denounced  by 
statute  than  that  imposed  by  the 
statute    (Con.    sec.    168),   but  may   fix 


768 


PROVISIONS  OF  STATE  CONSTITUTION. 


town  in  which  it  is  established,  and  such  criminal  jurisdiction 
within  the  said  limits  as  Justices  of  the  Peace  have.  The  said 
courts  may  be  authorized  to  act  as  examining  courts,  but  shall 
have  no  civil  jurisdiction:  Provided,  The  General  Assembly  may 
confer  civil  jurisdiction  on  Police  Courts  in  cities  and  towns  of 
the  fourth  and  fifth  classes,  and  in  towns  of  the  sixth  class  hav- 
ing a  population  of  two  hundred  and  fifty  or  more,  which  juris- 
diction shall  be  uniform  throughout  the  State,  and  not  exceed 
that  of  Justices  of  the  Peace. 

MUNICIPALITIES. 

§  156.     Six     classes — population     determines    classification — 
organization  and  assignment.    The  cities  and  towns  of  this  Com- 


a  less  penalty  for  a  common  law  of- 
fense than  that  prescribed  by  the 
common  law.  City  v.  Simms,  99  Ky, 
i9;  34  S.  W.  1085;  and  see  City  v. 
Sparks,  99  Ky.  351;  63  b.  W.  4;  Tay- 
lor Y.  Com.,  98  Ky.  271;  32  S.  W.  948. 

(3)  Legislature  has  no  power  to 
confer  jurisdiction  upon  police  courts 
of  offenses  arising  outside  of  the 
corporate  limits.  Ingram  v.  Fuson, 
118  Ky.  882;  82  S.  W.  606;  Earle  v. 
Latonia  127  Ky.  578;  106  S.  W.  312; 
Morris  v.  Randall,  129  Kv.  720;  112 
S.  W.  856.  Tutt  V.  City,  142  Ky.  536; 
134  S.  W.  890. 

(4)  The  criminal  jurisdiction  of 
police  courts  is  limited  to  the  juris- 
diction possessed  by  justices.  Stone 
V  City  of  Paducah,  120  Ky.  322;  86 
S.  W.  549;  Bitzer  v.  Com.,  141  Ky. 
58;  132  S.  W.  139. 

(5)  Under  Ky.  Statute  §3710  Po- 
lice Courts  of  a  city  of  sixth  class 
has  jurisdiction  co-extensive  with  the 
county,  but  is  to  be  exercised  within 
the  city.  Allen  v.  Moore,  173  Ky. 
394;  191  S.  W.  93. 

(6)  The  Police  Court  has  no  juris- 
diction to  join  in  the  collection  of  a 
tax  illegally  levied.  Brady  v.  Bran- 
non,  134  Ky.  769;  121  S.  W.  679; 
Morris  v.  Eandall,  129  Ky.  720;  112 
S.  W.  856.  The  Police  Court  has 
jurisdiction  to  punish  a  person  resid- 
ing outside  of  the  city  who  permits 
his  cow  to  run  at  large  in  the  city 
in  violation  of  a  citv  ordinance;  Tutt 
V.      City     of     Greenville,      142     Ky. 


536;  134  S.  W.  890.  The  Statute 
may  provide  different  limit  of  ap- 
peals from  a  justice  and  from  a 
police  court.  Mclnteer  v.  Moss 
Judge,  144  Ky.  667;  139  S.  W.  842. 
See  Albershart  v.  Donaldson,  149 
Ky.  510;  Gleason  v.  Weber  155  Ky. 
431;  159  S.  W.  976.  Kilbourn  v. 
Chapman,  163  Ky.  138;  173  S.  W.  322. 
§  156.  (1)  Classification  of  cities. 
When  a  city  has  been  assigned  by 
the  Legislature  to  a  particular  class 
it  must  remain  in  that  class  until 
changed  by  that  Legislature.  The 
courts  have  no  power  to  transfer 
cities  from  one  class  to  another. 
Green  v.  Com.,  95  Ky.  233;  24  S.  W. 
610;  and  sections  3361-3662  of  the 
Ky.  Stat.,  conferring  this  power  on 
the  courts,  are  unconstitutional.  Jer- 
nigau  V.  City,  102  Ky.  313;  43  S.  W. 
448;  and  see  Gilbert  v.  Citv  of  Padu- 
cah,  115   Ky.   160;   72  S.  W.   816. 

(2)  Where  a  town  has  been  estab- 
Ished  by  the  Circuit  Court  the  fail- 
ure of  the  Legislature  to  assign  it  to 
a  class  does  not  affect  its  organiza- 
ton.  Com.  V.  Rose,  105  Ky.  326;  49 
S.  W.  29. 

(3)  Improvement  of  streets  at  cost 
of  abutting  owners  and  the  expense 
incurred  made  a  lien  on  the  prop- 
erty. Richardson  v.  Mehler,  111  Ky. 
408;  63  S.  W.  957. 

(4)  Population  of  city  or  town  may 
be  ascertained  by  a  census  taken  un- 
der an  ordinance  enacted  by  the  city 
or    town     O 'Bryan    v.    City*    113    Ky. 


PROVISIONS  OF  STATE  CONSTITUTION. 


769 


monwealth,  for  the  purposes  of  their  organization  and  govern- 
ment, shall  be  divided  into  six  classes.  The  organization  and 
powers  of  each  class  shall  be  defined  and  provided  for  by  general 
laws,  so  that  all  municipal  corporations  of  the  same  class  shall 
possess  the  same  powers  and  be  subject  to  the  same  restrictions. 
To  the  first  class  shall  belong  cities  with  a  population  of  one 
hundred  thousand  or  more;  to  the  second  class,  cities  with  a 
population  of  twenty  thousand  or  more,  and  less  than  one  hun- 
dred thousand;  to  the  third  class,  cities  with  a  population  of 
eight  thousand  or  more,  and  less  than  twenty  thousand;  to  the 
fourth  class,  cities  and  towns  with  a  population  of  three  thou- 
sand or  more,  and  less  than  eight  thousand;  to  the  fifth  class, 
cities  and  towns  with  a  population  of  one  thousand  or  more,  and 
less  than  three  thousand ;  to  the  sixth  class,  towns  with  a  popu- 
lation of  less  than  one  thousand.  The  General  Assembly  shall 
assign  the  cities  and  towns  of  the  Commonwealth  to  the  classes 
to  which  they  respectively  belong,  and  change  assignments  made 
as  the  population  of  said  cities  and  towns  may  increase  or  de- 
crease, and,  in  the  absence  of  other  satisfactory  information  as 
to  their  population,  shall  be  governed  by  the  last  preceding  Fed- 
eral census  in  so  doing ;  but  no  city  or  town  shall  be  transferred 
from  one  class  to  another,  except  in  pursuance  of  a  law 
previously  enacted  and  providing  therefor.  The  General  Assem- 
bly, by  the  general  law,  shall  provide  how  towns  may  be  organ- 
ized, and  enact  laws  for  the  government  of  such  towns  until  the 
same  are  assigned  to  one  or  the  other  of  the  classes  above  named ; 
but  such  assignments  shall  be  made  at  the  first  session  of  the 
General  Assembly  after  the  organization  of  said  town  or  city. 


<)S0;  72  S.  W.  816;  Jernigan  v.  City, 
102  Kv.  313;  43  S.  W.  4i8;  Griffiii  v. 
Powell,  143  Ky.  276;  136  S.  W.  626. 

(5)  The  Legislature  may  provide 
that  mayors  of  cities  of  a  certain 
class  may  be  selected  by  the  people 
or  appointed  by  the  council  as  may 
be  provided  bv  ordinance.  Brown  v. 
Holland,  97  Ky.  249;  30  S.  W.  629. 
An  act  providing  a  special  limita- 
tion as  to  actions  against  cities  of  a 
given  class  is  unconstitutional.  City 
of  Louisville  v.  Kuntz,  104  Ky.  584; 
47  S.  W.  592.  The  General  Assembly 
may  provide  different  modes  of  pro- 
cedure as  to  the  annexation  of  terri- 


tory to  cities  of  different  classes. 
Lewis  V.  Town  of  Brandenburg,  105 
Ky.  14;  47  S.  W.  862.  The  act  of 
March  4,  1867,  providing  a  limit  be- 
yond which  property  should  not  be 
charged  for  the  cost  of  street  im- 
provement held  repealed  by  this  sec- 
tion. Henning  v.  Stengel  112  Ky. 
906;  66  S.W.  41.  Ky.  Stat.,  section 
2985  affecting  the  collection  of  taxes 
not  unconstitutional  although  there 
is  but  one  city  of  the  class  named 
therein.  Woollev  v.  Citv  or  Louis- 
ville, 114  Ky.  556;  71  S.  W.  837.  See 
also  Hager,  Auditor  v.  Gast,  119  Ky. 
502.     Courts  will  take  judicial  notice 


770 


PROVISIONS  OF  STATE  CONSTITUTION. 


§  157.  Tax  rate — indebtedness — submission  of  question  to 
voters.  The  tax  rate  of  cities,  towns,  counties,  taxing-  districts 
and  other  municipahties,  for  other  than  school  purposes,  shall 
not,  at  any  time,  exceed  the  following  rates  upon  the  value  of 
the  taxable  property  therein,  viz :  For  all  towns  or  cities  having 
a  population  of  fifteen  thousand  or  more,  one  dollar  and  fifty 


that  the  population  of  a  given  town 
does  not  exceed  one  hundred  thou- 
sand. Schweirman  v.  Town  of  High- 
land Park,  130  Ky.  537;  113  S.  W, 
507.  An  act  of  the  Legislature  trans 
ferring  a  city  from  one  class  to  an- 
other will  be  conclusive.  Griffin  v. 
Powell,  143  Ky.  276.  Tlie  act  of  1910 
authorizing  the  adoption  of  a  com- 
mission form  of  government  for 
cities  of  the  second  class  not  in  con- 
flict with  this  section.  Bryan  v.  Voss, 
143  Ky.  422;  136  S.  W.  884.  Held 
that  the  present  Constitution  does 
not  withdraw  a  right  acquired  by  a 
telephone  company  by  consent  of  the 
council  to  use  the  streets  of  the. city 
for  telephone  purposes,  nor  was  the 
right  made  subject  to  municipal  rev- 
ocation. City  of  Louisville  v.  Cumb- 
Tel.  &  Tel  Co.,  224  U.  S.  649.  This 
section  is  cited  in  Board  v.  Raum,  141 
Ky.  198.  Scott  v.  McCreary,  148  Ky. 
791.  In  Albershart  v.  Donaldson,  149 
Ky.  510;  149  S.  .W.  873,  it  was  held 
that  the  Legislature  had  no  power 
to  incorporate  a  city  and  then  as- 
sign it  to  a  given  class.  ScRwartz  v. 
Boswell,  156  Ky.  106;  S.  W.  748.  Tax- 
ing district,  not  being  a  city  or  town, 
has  no  power  to  impose  license  tax 
upon  vehicles.  Dist.  of  Clifton  v. 
Cummins  165  Ky.  526,  177  S.  W.  432. 

§  157  (1)  Appropriation  of  funds 
by  Fiscal  Court  to  build  a  Court 
House,  although  in  excess  of  the  in- 
come for  that  year,  was  not  in  viola- 
tion of  this  section,  as  after  deduct- 
ing the  cash  on  hand  the  levy  for 
the  year  would  pay  the  balance. 
Field  V.  Stroube,  103  Kv.  114;  44  S. 
W.  363.  Falls  Citv  Const.  Co.,  v. 
Fiscal  Court  of  Wolfe  Co.,  160  Ky. 
623;  170  S.  AV.  26. 

(2)  Construction  and  effect  of  the 
section..  Without  the  assent  of  the 
voters  a  city  can  not  become  in- 
debted for  school  or  any  other  pur- 
poses,   in    an    amount    exceeding    the 


income  for  that  vear.  City  Council 
v.  Powell,  16  E.  174;  27  S.  W.  1. 

(3)  Election  under  this  section 
must  be  held  on  the  day  of  a  regular 
election,  and  the  assent  of  two-thirds 
of  those  voting  upon  the  question 
submitted  is  sufficient.  See  Mont- 
gomery Co.  Fiscal  Court  v.  Trimble, 
]04  Ky.  629;  47  S.  W.  773;  Board  of 
Education  v.  Citv  of  Winchester,  120 
Ky.  591;  87  S."  W.  768,  overruling 
Belknap  v.  City,  99  Ky.  474;  36  S. 
W.  1118;  City  v.  Baker,  18  R.  324; 
37  S.  W.  1129;  MeGoodwin  v.  City,  18 
R.  752;  38  S.  W.  481;  Citv  of  Ash- 
land V.  Culbertson,  103  Kv.  161;  44 
S.   W.  441. 

(4) .  This  section  is  self -operative 
and  did  not  require  legislation  to  give 
ieeffect.  O'Mahonev  v.  Bullock,  97 
Ky.,  774;  31  S.  W.  878. 

(5)  Where  cities  had  been  author- 
ized by  legislation  enacted  prior  to 
the  Constitution  to  contract  indebted- 
ness, they  had  the  power  to  make 
such  contracts  after  the  adoption  of 
the  Constitution,  although  the  in- 
debtedness exceeded  the  limits  of  this 
section  and  section  158.  Citv  of  Lex- 
ington on  appeal,  96  Ky.  258;  28  S. 
W.  665;  Holzhauser  v.  Citv,  94  Ky. 
396;  22  S.  W.  752. 

(6)  A  debt  created,  without  the  as- 
sent of  the  voters,  by  a  city,  and  pay- 
able annually  through  a  period  of 
years,  was  in  violation  of  this  section 
if  the  total  amount  of  it  was  more 
than  the  income  for  the  vear  in  which 
it  was  contracted,  although  the 
amount  maturing  each  year  could  be 
paid  bv  the  income  of  that  year. 
City  v.'McKenna,  99  Kv.  508;  36  S. 
W.  518;  Beard  v.  City,  95  Ky.  239;  24 
S.  W.  872;  Knipper  V.  City,  109  Ky. 
187;  58  S.  W.  498;  Ramsey"  v.  Citv  of 
Shelby ville,  119  Ky.  180;  83  S.'  W. 
116.  *  Streine  v.  Com.  of  Campbell 
Court  House  District,  149  Ky.  641; 
149  S.  W.  641. 


PROVISIONS  OF  STATE  CONSTITUTION. 


771 


cents  on  the  hundred  dollars ;  for  all  towns  or  cities  having  less 
than  fifteen  thousand  and  not  less  than  ten  thousand,  one  dollar 
on  the  hundred  dollars;  for  all  towns  or  cities  having  less  than 
ten  thousand,  seventy-five  cents  on  the  hundred  dollars;  and 
for  counties  and  taxing  districts,  fifty  cents  on  the  hundred 
dollars;  unless  it  should  be  necessary  to  enable  such  city,  town. 


(7)  The  limitation  in  this  section 

does  not  apply  to  necessary  current 
expenses.  Hopkins  Co.  v.  Coal  Co., 
114  Ky.  153;  70  S.  W.  289;  and  see 
Cov.  &  Cinn.  Bridge  Co.  v.  Davidson, 
31  E.  425;  102  S.  W.  339.  The  limi- 
tation in  rate  of  taxation  made  by 
this  section  may  be  exceeded  by  a 
county  to  pay  indebtedness  voted  by 
the  people.  McCrocklin  v.  Nelson  Co. 
Fiscal  Court,  174  Ky.  308;  192  S.  W. 
494.  Carter  v.  Krueger  &  Son,  175 
S.  W.  399;  199  Ky.  552;  Ballard  v. 
Citv  of  Shelbvville,  180  Ky.  135;  201 
S.  W.  452. 

(8)  Election  officers  to  hold  an 
election  under  this  section — ^appoint- 
ment of  Fidelity  Trust  Co  v.  Mayor, 
96  Ky.   563;   29  S.  W.  442. 

(9)  Courts  will  not  interfere  with 
levy  of  taxes  within  limitaiiou  or 
Constitution  when  properly  made. 
Mayfield  W.  Mills  v.  Citv,' 111  Ky. 
172;  61  S.  W.  43;  McMernev  v.  Hule- 
field,  116  Ky.  28;   75  S.   W.  23V. 

(10)  FuU  amount  that  can  be 
raised  by  a  levy  is  the  test  by  which 
to  determine  whether  or  not  the  in- 
debtedness exceeds  the  limit.  The 
Citv  of  Providence  v.  The  Providence 
Electric  Light  Co.,  28  R.  1015;  91  S. 
W.  664. 

(11)  "Indebtedness,"    meaning    of 
word    as    used    in    this    section — how 
amount     of     estimated.      O 'Bryan     v. 
City,  113  Ky.  680;  68  ,S.  W.  858;   and 
see  Whaley  v.  Com.,  110  Ky.   154;   61 
S.   W.   35.     Fixed   cliarges    of   current 
year     are     part     of     indebtedness     in 
meaning  of  this  section  but  not  with- 
in    meaning     of     section     158.       Mc 
Cr-oeklin  v.   Nelson   Co.,  etc.,   174  Kv 
308;    192   S.   W.   494;   Nelson   Co.  Fis 
cal  Court  v.  McCrocklin,  175  Kv.  199 
194  S.  W.  323,  City  of  Winchester  v 
Nelson,  175  Ky.  63;  193  S.  W.  T040. 

(12)  Indebtedness  for  any  year  can 
not  exceed  revenue  for  that  year. 
Overall    v.    City    of    Madisonville,    31 


K.  278;  102  S.  W.  278;  Harper  v.  City 
of  Catlettsiburg,  31  R.  293;  102  S.  W. 
294;  Town  of  Bardwell  v.  Harlin, 
118  Ky.  232;  80  S.  W.  773;  and  see 
note  (6).  Debts  contracted  for  ex- 
penses not  indispensably  necessary 
will  not  be  counted  as  part  of  coun- 
ty's indebtedness  for  the  year  for 
purpose  of  determining  validity  under 
this  section  of  a  debt  previously  cre- 
ated during  the  vear.  Carter  v.  Krue- 
ger, 175  Ky.  399;  194  S.  W.  553.  In 
determining  the  amount  of  indebted- 
ness autihorized  in  any  year  the  levy 
authorized  by  this  section,  and  not  the 
levy  made,  controls.     Id. 

(13)  Indebtedness  incurred  prior  to 
adoption  of  this  Constitution — limta- 
tion  in  this  section  and  sec.  158  as 
to  amount  of  indebtedness  not  ap- 
plicable to.  Bank  v.  Taylor  Co.,  112 
Ky.  243;  65  S.  W.  451.  As  to  fund- 
ing debt  incurred  prior  to  this  Con- 
stitution, see  Smith  v.  County,  104 
Ky.  596;  47  S.  W.  596:  Gaulbert  v. 
City,  30  R.  50;  97  S.  W.  342;  Rich- 
mond Cem.  Co.,  V.  Sullivan,  104  Kv. 
723;  47  S.  W.  1079;  Mavfield  W. 
Mills  V.  City,  111  Ky.  172;' 61  S.  W. 
43;  Warren  v.  Citv  of  Newport,  23 
R.  1006;  64  S.  W.  852;  Slade  v.  Lex- 
ington, 141  Ky.  214;  Aydelotte  v. 
South  Louisville,  16  R.  166;  Culbert- 
son  V.  City,  138  Kv.  747;  128  S.  W. 
292;  129  S.  W.  95. 

(14)  Pleadings  in  action  to  enjoin 
collection  of  tax  because  in  excess  of 
limitations  in  this  section — suffi- 
ciencv  of  M.  &  L.  T.  P.  v.  Wiggins, 
104  Kv.  540;  47  S.  W.  434;  Sparks  v. 
Robinson,   115  Ky.  453;   74  S.  W.   176. 

(15)  School  Tax.  Trustees  have  no 
power  to  levy  a  tax  for  school  pur- 
poses exceeding  in  one  year  the  in- 
come provided  for  such  year  without 
the  assent  of  two-thirds  of  the  voters. 
Com.  V.  L.  &  N.  R.  R.,  105  Kv.  206; 
48  S.  W.  1092.  Brown  v.  Board  of 
Education,    108    Kv.    783;    57    S.    W. 


772 


PROVISIONS  OF  STATE  CONSTITUTION. 


county,  or  taxing  district  to  pay  the  interest  on,  and  provide  a 
sinking  fund  for  the  extinction  of  indebtedness  contracted  be- 
fore the  adoption  of  this  Constitution.  No  county,  city,  town, 
taxing  district,  or  other  municipality  shall  be  authorized  or  per- 
mitted to  become  indebted,  in  any  manner  or  for  any  purpose, 
to  an  amount  exceeding,  in  any  year,  the  income  and  revenue 


612;  Arbuckle  v,  McKinney,  30  E.  55; 
97  S.  W.  1130;  Board  of  Trustees  v. 
Postell,  28  E.  37;  88  S.  W.  1065; 
Howard  v.  Trustees,  31  E.  399;  102 
S.  W.  318.  See,  further,  as  to  school 
tax,  Walsh  v.  City,  152  Ky.  556;  153 
S.  W.  1002;  County  Board  of  Educa- 
tion V.  Board  of  Trustees,  154  Ky. 
309;  157  S.  W.  697;  Stuessy  v.  City, 
156  Kv.  523;  161  S.'W.  564;  Board 
of  Education  v.  Lee,  153  Ky.  661;  156 
S.  W.  375;  City  of  Newport,  ex  parte, 
141  Ky.  329;  132  S.  W.  580;  Eash  v. 
City,  148  Ky.  154;  146  S.  W.  386; 
Frost  V.  Central  City,  134  Ky.  434; 
120  S.  W.  367;  McKinney  v.  Board  of 
Trustees,  144  Ky.   85;   137  S.   W.  829. 

(16)  Sections  157  and  158  must  be 
construed  together,  and  although  sec. 
158  permits  in  certain  emergencies 
an  increase  in  the  debt  over  the 
amount  specified  in  the  section,  in  no 
event  can  a  debt  be  incurred  in  ex- 
cess of  the  income  for  the  year  un- 
less the  question  is  submitted  to  the 
voters.  Knipper  v.  Citv,  109  Ky.  187; 
58  S.  W.  498. 

(17)  Street  improvements — ^local 
assessments  for  are  not  limited  by 
the  provisions  of  this  section.  Gos- 
nell  V.  Citv,  104  Kv.  201;  46  S.  W. 
722;  City  of  Catlettsburg  v.  Self,  115 
Ky.  669;  74  S.  W.  1064.  Local  bonds 
issues  by  cities  of  the  5th  class  for 
street  improvement  are  limited  by 
this  section.  Schuster  v.  City  Council 
of  Citv  of  Oakdale,  180  Ky.  760,  213 
S.  W.  714. 

(18)  Tax  in  excess  of  amount  per- 
mitted by  this  section  is  nncollectible 
as  to  the  excess,  but  so  much  of  the 
tax  as  is  within  the  limitation  may 
be  collected.  Whaley  v.  Com.,  110  Ky. 
154;  61  S.  W.  35;  "and  see  Sparks  v. 
Eobinson,  115  Ky.  453;  74  S.  W.  176. 
In  an  action  by  a  city  to  recover 
taxes  it  will  not  be  presumed  that  the 
levy  is  in  excess  of  the  constitutional 
limit.      Morgan   v.   Board   of   Council- 


men  of  Frankfort,  Ky.,  135  Kv.  178; 
121   S.   W.    1033. 

(19)  The  words  "tax''  and  "taxa- 
tion" refer  to  the  usual  and  custom- 
ary mode  of  providing  public  reve- 
nue, and  not  local  assessments,  such 
as  street  improvements.  Gosnell  v. 
City,  104  Ky.  201;  46  S.  W.  722. 

See  Audit  Co.  of  N.  Y.  v.  City  of 
Louisville,  185  Fed.  34y.  A  resolu- 
tion authorizing  the  expenditure  of 
monej'  made  in  lone  fiscal  year  was 
binding  on  the  revenues  of  the  next 
fiscal  year,  the  contract  not  having 
been  made  until  the  next  fiscal  year. 
Two-thirds  of  the  electors  whose 
votes  are  cast  on  the  question  of  in- 
curring an  indebtedness  is  all  that 
is  required.  Board  of  Education  v. 
Winchester,  120  Ky.  594;  87  S.  W. 
768;  Eender  v.  Citv  of  Louisville, 
142  Ky.  409;  134  S.  W.  458. 

(20)  A  pleading  which  attacks  a 
contract  under  this  section  must 
state  facts  showing  how  the  section 
is  violated.  Citv  of  Louisville  v. 
Oosnell,  22  E.  1524;  61  S.  W.  476. 
As  to  the  necessity  for  an  election 
to  authorize  the  issuance  of  bonds 
see  Bardstown  &  Lou.  Turnpike  Co. 
V.  Nelson  Countv,  117  Kv.  674;  78  S. 
W.  851.  Fiscaf  Court  v.  Com.,  139 
Ky.   307;   117  S.   W.   301. 

'  (21)  Issuing  bonds  to  pay  for 
street  improvements  where  the  cost 
is  assessed  against  adjoining  prop- 
erty with  the  provision  that  the 
bonds  shall  ibe  paid  out  of  the  assess- 
ments not  forbidden  by  this  section. 
Adams  v.  City  of  Ashland,  26  E. 
184;  80  S.  W.  1105.  The  limitation 
mentioned  does  not  apply  to  local  as- 
sessments or  to  tazes  to  pay  bonds 
issued  by  a  sewerage  district.  Dyer 
V.  City  of  Newport,  26  E.  204;  SO  b. 
W.  1127.  Nor  assessments  for  drain- 
age in  drainage  districts.  Williams 
V.  Wedling,  Judge,  165  Ky.  361;  176  S. 
W.    1176.     An   owner  of  property   ad- 


PROVISIONS  OF  STATE  CONSTITUTION. 


773 


provided  for  such  year,  without  the  assent  of  two-thirds  of  the 
voters  thereof,  voting  at  an  election  to  be  held  for  that  purpose ; 
and  any  indebtedness  contracted  in  violation  of  this  section  shall 
be  void.  Nor  shall  such  contract  be  enforceable  by  the  person 
with  whom  made ;  nor  shall  such  municipality  ever  be  authorized 
to  assume  the  same.     (See  also  §  157a,  providing  for  road  tax.) 


joining  an  improvement  is  not  ex- 
onerated from  paying  the  assessment 
because  the  street  improvement 
bonds  wrongfully  undertook  to 
pledge  the  city's  credit.  Gedge  v. 
City  of  Coving-ton,  26  E.  273;  SO  S. 
W.  1160.  The  limit  of  numicipal 
tax  rate  fixed  by  the  Constitution  is 
niandatorv.  Tipton  v.  Shelbyville, 
32  R.  1123;  107  S.  W.  810.  A  levy 
in  excess  of  the  constitutional  tax 
rate  is  void.  Boone  v.  Powell  County, 
32  R.  1172;  108  S.  W.  251.  But  in 
an  action  by  the  city  to  collect  taxes 
the  court  will  not  presume  that  the 
tax  rate  exceeds  the  constitutional 
limit.  Board  v.  Morgan,  33  R.  297. 
See  also  Morris  v.  Hoagland,  116  S. 
W.  68-4;  121  S.  W.  1033.  A  levy  of 
school  taxes  within  the  constitution- 
al  limits  is  not  invalidated  by  the 
action  of  trustees  building  a  house 
the  cost  of  which  exceeds  the  tax 
rate,  the  excess  onlv  being  void. 
Trustees  v.  Cummins,  33  R.  739;  111 
S.   W.   286. 

(22)  A  debt  may  be  contracted  to 
purchase  a  school  building  for  white 
children  although  negroes  are  not  al- 
lowed to  vote  at  the  election.  Cros- 
by V.  City  of  Mayfield,  133  Ky.  215; 
117  S.  W.  316. 

(23)  The  prohibition  of  this  sec- 
tion applies  only  to  the  creation  of  a 
new  debt  and  not  to  the  issuing  of 
bonds  to  raise  money  to  pay  an  ex- 
isting debt.  Culbertson  v.  Louisville, 
128  S.  W.  292.  The  two-thirds  re- 
ferred to  are  two-thirds  of  those 
whose  votes  were  cast  on  the  ques- 
tion of  incurring  the  indebtedness. 
Tglehart  v.  Dawson  Springs,  143  Ky. 
140;   136  S.  W.  210, 

(24)  This  section  cited  in  City  of 
Shelbvville  v.  Shelbyville  Water,  etc. 
Co.,  16  R.  176;  City  of  Covington 
V.  Nadaud,  103  Ky.  455;  Perry  v. 
Brown,  21  R.  344;  Combs  v.  Letcher 
County,  107  Ky.  379;  Whitney  v.  Ky. 


Midland  Ry.  Co.,  110  Ky.  955;  Grady 
v.  Pruitt.  Ill  Ky.  100;  Com.  v.  Citi- 
zens' National  Bank,  117  Ky.  946; 
Carpenter  v.  Town  of  Central  Cov- 
ington, 119  Ky.  785;  Trustees,  etc.  v. 
Kane  &  Co.,  27  E. '983;  Trustees,  etc., 
v.  Miller,  32  R.  367;  Lawrence  Coun- 
ty V.  Lawrence  Fiscal  Court,  130  Ky. 
587;  113  S.  W.  824;  Rees  v.  Kranth, 
120  S.  W.  370;  Kentucky  Light  & 
Power  Co.  v.  Williams  &  Co.,  124  S. 
W.  840;  Mclntire  v.  Powell,  137  Ky. 
477;  125  'S.  W.  1087;  Citv  v.  Southern 
Engine  Works,  130  Ky.,  222;  113  S. 
W.  97;  Bonta  v.  Fiscal  Court,  144  Ky. 
241;  137  S.  W.  1084;  Morgan  v. 
Goode,  151  Ky.  284;  Logan  v.  Gilbert, 
Judge,  151  Kv.  659;  Lambert  Mayor 
v.  Board,  151  Ky.  725;  152  S.  W.  802. 
Stuessy  v.  City  of  Louisville,  156 
Ky.  527;  Southern  Bitulithie  Co.  v. 
DeTl-eville,  156  Ky.  513;  Scobee  v. 
Clark  Co.,  157  Ky.  512;  City  of 
Marion  v.  Haynes,  157  Ky.  689;  Fow- 
ler V.  Oakdale,  158  Ky.'  606;  Ham- 
mond V.  Lester,  159  Ky.  311;  Kash 
V.  City  of  Jackson,  150  Ky.  526; 
Bradford  v.  Fiscal  Court.  159  Ky. 
547,  550;  Barry  v.  Town  of  New 
Haven,  162  Ky..  60;  German  National 
Bank  v.  City  of  Covington,  164  Ky. 
292;  Christopher  v.  Robinson,  164  Ky. 
262;  Mitchell  v.  Knox  County  Fiscal 
Court,  165  Ky.  543;  Vogt  v. "  City  ot 
Oakdale,  166  Ky.  810;  Lankfort  v. 
Burton,  165  Ky.  835;  Phelps  v.  City 
of  Lexington,  167  Ky.  451 ;  Larue  v. 
Redmond,  168  Ky.  487;  Bowman  v. 
Fayette  Co.,  168  Ky.  524;  Menar,  &c. 
v.  Sanders,  169  Ky.  285;  Gatton  v. 
Fiscal  Court,  169  Kv.  426;  Crosbv  v. 
City,  133  Ky.  215;"^  117  S.  W.  316; 
Bradford  v.  City,  143  Ky.  401;  136  S. 
W.  647;  Falls  Citv  Const.  Co.  v.  Fiscal 
Court  of  Wolfe  Co.,  160  Ky.  623;  170 
S.  W.  26. 

(25)  An  injunction  at  the  suit  of  a 
taxpayer  against  a  city  and  its  of- 
ficers  is   a  proper  proceeding   to   pre- 


774 


PROVISIONS  OF  STATE  CONSTITUTION. 


§  158.     Indebtedness — ^limit  of  allowed — issual  of  bonds.    The 

respective  cities,  towns,  counties,  taxing  districts  and  munici- 
palities shall  not  be  authorized  or  permitted  to  incur  indebted- 
ness to  an  amount,  including  existing  indebtedness,  in  the  aggre- 
gate exceeding  the  following  named  maximum  percentages  on 
the  value  of  the  taxable  property  therein,  to  be  estimated  by  the 
assessment  next  before  the  last  assessment  previous  to  the  in- 
curring of  the  indebtedness,  viz:  Cities  of  the  first  and  second 
classes,  and  of  the  third  class  having  a  population  exceeding 
fifteen  thousand,  ten  per  centum ;  cities  of  the  third  class  having 
a  population  of  less  than  fifteen  thousand,  and  cities  and  towns 
of  the  fourth  class,  five  per  centum;  cities  and  towns  of  the 
fifth  and  sixth  classes,  three  per  centum ;  and  counties,  taxing 


vent  the  incurring  of  an  indebted- 
ness in  violation  of  this  section.  City 
of  West  Covington  v.  Dods,  152  Ky. 
617;    153  S.  W.   964. 

(26)  A  contract  by  which  a  coun- 
ty board  agrees  to  pay  $3,000.00  an- 
nually for  five  years  creates  an  in- 
debtedness for  $15,000,00.  In  a  cer- 
tain case  such  a  contract  did  not 
create  an  indebtedness  which,  when 
added  to  an  existing  mdebtedness 
exceeded  the  revenue  provided  for 
the  year.  Co.  Bd.  of  Ed.  of  Christian 
Co.  V.  Bd.  of  Trustees  of  Hopkins- 
ville  Pub.  Schools,  154  Kv.  309;  157 
S.  W.  697. 

(27)  The  assessment  of  land  with- 
in the  drainage  district  with  the  cost 
of  the  drains,  etc.,  is  a  species  of  tax- 
ation, but  such  assessments  are  not 
taxes  within  the  meanino-  of  $  157  and 
158.  Williams  v.  Wedling,  165  Kv. 
361;   176  S.  W.  1176. 

(28)  See  especially  City  of  Louis- 
ville V.  Parsons,  150  Ky.  420;  150 
S.  W.  498,  construing  the  power  of  a 
special  commission  to  employ  an  en- 
gineer to  make  an  examination  in 
the  affairs  of  the  Louisville  Water 
Company.  An  indebtedness  for 
school  purposes  whether  created  be- 
fore or  after  the  adoption  of  the 
Constitution  is  to  be  considered  in 
counting  the  amount  of  indebtedness 
that  a  city  may  incur  under  Sec. 
158.  The  indebtedness  forbidden  by 
Sec.  157  includes  indebtedness  for 
school    purposes.      "Walsh    v.    City    of 


Pineville,  152  Ky.  556;  156  S.  W.  1002. 
Board  of  Education  v.  Lee,  153  Ky. 
661;    156    S.    W.    375. 

§  158.  (1)  Construction  and  effect 
of  section..  Contracts  made  prior  to 
the  adoption  of  the  Constitution  not 
affected  by  this  section.  City  of  Lex- 
ington on  appeal,  96  Ky.  258;  16  E. 
467;  28  S.  W.  665;  Warren  v.  New- 
port, 23  E.  1006;  64  S.  W.  853;  and 
see  notes  to  sec  157.  Aydelotte  v. 
South  Louisville,  16  E.  166.  City  of 
Ludlow  V.  Board,  16  E.  805.  This 
section  cited  in  City  of  Shelbyville 
V.  Shelbyville  Water,  etc.  Co.,  16  E. 
176.  Benjamin  v.  City  of  Mavfield, 
170  Ky.  446;   186  S.  W.   169 

(2)  When  bonds  are  issued  by  a 
city  for  the  purpose  of  taking  up 
other  outstanding  bonds,  the  amount 
represented  by  them  is  not  an  in- 
crease of  the  city 's  indebtedness  in 
the  meaning  of  this  section.  Parson 
V.  Board  of  Com.,  97  Ky.  119;  30  S. 
W.  17;  Bank  v.  Taylor  Co.,  112  Ky. 
243;  65  S.  W.  451;  Com'rs  v.  Zim- 
merman, 101  Ky.  -132;  41  S.  W.  428; 
but  an  issue  of  bonds  as  to  the  pre- 
mium received  in  excess  of  the 
amount  necessary  to  fund  the  debt, 
and  bonds  issued  to  fund  the  debt 
should  only  bear  interest  from  the 
date  that  the  old  debt  is  cancelled. 
Com.  V.  Zimmerman,  101  Ky.  432; 
41  S.  W.  428;  and  the  interest  that 
must  be  paid  on  the  bonds  issued  is 
not  to  be  estimated  as  a  part  of  the 
indebtedness.  Citv  of  Ashland  v.  Cul- 


PROVISIONS  OF  STATE  CONSTITUTION. 


775 


districts  and  other  municipalities,  two  per  centum :  Provided, 
Any  city,  town,  county,  taxing  district  or  other  municipality 
may  contract  an  indebtedness  in  excess  of  such  limitations  when 
the  same  has  been  authorized  under  laws  in  force  prior  to  the 
adoption  of  this  Constitution,  or  when  necessary  for  the  com- 
pletion of  and  payment  for  a  public  improvement  undertaken 
and  not  completed  and  paid  for  at  the  time  of  the  adoption  of 
this  Constitution :  And  provided  further,  if,  at  the  time  of  the 
adoption  of  this  Constitution,  the  aggregate  indebtedness,  bonded 
or  floating,  of  any  city,  town,  county,  taxing  district  or  other 
municipahty,  including  that  which  it  has  been  or  may  be  author- 
ized to  contract  as  herein  provided,  shall  exceed  the  limit  herein 
prescribed,  then  no  such  city  or  town  shall  be  authorized  or  per- 
mitted to  increase  its  indebtedness  in  an  amount  exceeding  two 
per  centum,  and  no  such  county,  taxing  district,  or  other  munici- 
pality, in  an  amount  exceeding  one  per  centum,  in  the  aggregate 
upon  the  value  of  the  taxable  property  therein,  to  be  ascertained 
as  herein  provided,  until  the  aggregate  of  its  indebtedness  shall 


bertson,  103  Kv.  161;  44  S.  W.  441; 
Lewis  V.  City,"  140  Ky.  244;  130  S. 
W.  1094;  Southern  Bitulithic  Co.  v. 
DeTreville,  156  Kv.  513;  161  S.  W. 
560;  Parker  v.  City,  149  Ky.  603;  149 
S.  W.  970;  Board  of  Education  v.  Lee, 
153  Ky.  661;   156  S.  W.  375. 

(3)  Bonds  may  be  made  payable 
in  gold,  altliough  the  ae-t  authorizing 
their  issual  is  silent  on  the  sub- 
ject. Farson  v.  Board  of  Com.,  97 
Ky.  119;  30  S.  W.  17. 

(4)  The  total  amount  of  a  debt  con- 
tracted determines  whether  it  is  or 
not  in  violation  of  this  section,  al- 
though certain  parts  of  the  debt  are 
payable  annually  for  a  series  of 
years,  until  the  entire  debt  is  paid 
and  the  amount  payable  each  year 
can  be  met  by  the  revenue  of  that 
vear.  Board  v.  Citv,  95  Ky.  239; 
24  S.  W.  872;  City  v.  McKenna,  99 
Ky.  508;  38  S.  W.  518,  and  see  notes 
to  sec.  157. 

(5)  Amount  of  indebtedness — how 
estimated.  0 'Bryan  v.  City,  113  Ky. 
680;  68  S.  W.  858;  and  see'Whalev  v. 
Com.,  110  Ky.  154;  61  S.  W.  ^35; 
Whitnev  v.  Kv.  Midland  Rv.  Co.,  110 
Kv.  955;  63  "  S.  W.  24;  Tipton  v. 
Shelbvville,    32    R.    1123;    107    S.    W. 


810.  Ballard  v.  City  of  Shelbvville, 
180  Ky.  175,  201  S.  W.  452.  Neither 
estimated  expenses  nor  income  for 
the  current  year  are  to  be  included 
in  the  estimates  of  indebtedness  un- 
der this  section.  City  of  Winchester 
V.  Nelson  175  Kv.  63,  193  S.  W. 
1040. 

(6)  This  section  and  section  157 
must  be  construed  together  and  the 
provisions  of  each  made  harmonious 
and  effective.  Kuipper  v.  Citv,  109 
Ky.   187;   58  S.  W.  498. 

(7)  Emergency     tax     for     public 
health    or    safetv,      Knipper    v.    Citv 
109  Ky.  187;  58""  S.  W.  498. 

(8)  A  city  council  can  not  pledge 
the  credit  of  the  citv  for  the  pay- 
ment of  bonds  for  street  improve- 
ments, but  an  injunction  will  not  be 
granted  to  a  property  holder  whose 
property  is  liable,  to  restrain  the  en- 
forcement of  an  assessment.  City  of 
Covington  v.  Nadaud,  103  Kv.  455; 
45  S.  W.  498. 

(9)  The  fact  that  a  county  has 
outgrown  the  court  house  is  not  such 
an  emergency  as  justifies  an  indebt- 
edness in  excess  of  the  constitutional 
limit.  Fiscal  Court  v.  Com.,  117  S. 
W.    301. 


776 


PROVISIONS  OF  STATE  CONSTITUTION. 


have  been  reduced  below  the  limit  herein  fixed,  and  thereafter  it 
shall  not  exceed  the  limit,  unless  in  case  of  emergency,  the  pub- 
lic health  or  safety  should  so  require.  Nothing  herein  shall  pre- 
vent the  issue  of  renewal  bonds,  or  bonds  to  fund  the  floating 
indebtedness  of  any  city,  town,  county,  taxing  district  or  other 
municipality. 

§  159.  Tax  levied  to  pay  indebtedness — when  debt  must  be 
paid.  Whenever  any  city,  town,  county,  taxing  district  or  other 
municipality  is  authorized  to  contract  an  indebtedness,  it  shall 
be  required,  at  the  same  time,  to  provide  for  the  collection  of 
an  annual  tax  sufficient  to  pay  the  interest  on  said  indebtedness, 
and  to  create  a  sinking  fund  for  the  payment  of  the  principal 
thereof,  within  not  more  than  forty  years  from  the  time  of  con- 
tracting the  same. 


(10)  For  the  purpose  of  fixing  the 

constitutional  indebtedness  the  value 
of  the  taxable  property  to  be  taken 
is  the  value  shown  by  an  assessment 
before  the  sale  of  the  bonds  and  not 
at  the  time  of  the  election.  Frost  v. 
Central  City,  134  Ky.  434;  120  S. 
W.   367. 

(11)  The  city  has  the  right  to  take 
a  census  independent  of  the  federal 
census  for  the  purpose  of  determin- 
ing its  population  and  limit  of  in- 
debtedness, Lancaster  v.  Owensboro, 
24  E.  1978;  72  S.  W.  731. 

(12)  The  indebtedness  of  a  board 

of  education  of  a  city  of  the  second 
class  is  not  a  portion  of  the  indebted- 
ness of  the  city  within  this  section. 
Ex  parte  City  of  Newport,  141  Kv. 
329.  See  also  Eash  v.  City  of  Madi- 
sonville,  14S  Ky.  154;  146  S.  W.  386. 
Coppin,  etc.  v.  Board  of  Education, 
164  Ky.  262;  175  S.  W.  387.  Bonds  is- 
sued for  purchase  of  a  water  works 
system  are  not  within  the  purview  of 
this  section  where  contracts  for  pur- 
chase was  made  previous  to  present 
Constitution.  Benjamin  v.  Citv  of 
Mayfield,  170  Ky.  446;  186  S.  w!!  169. 

(13)  If  a  notice  calling  an  election 

specifies  a  sum  in  excess  of  the  con- 
stitutional limit  the  election  would 
still  be  valid  up  to  that  limit.  Mc- 
Kinnev  v.  Board,  144  Kv.  85;  137 
S.   W.^S39. 

(14)  Necessity  of  pleading  the  fact 


that  a  debt  is  in  excess  of  that  au- 
thorized by  a  vote.  City  of  Winches- 
ter V.  Winchester,  etc.  Co.,  149  Ky. 
177;  148  S.  W.  1.  See  also  City  of 
Covington  v.  Bussart,  149  Ky.  288; 
148  S.  W.  68.  This  section  cited  in 
City  of  Bardwell  v.  Southern  En- 
gine, etc.,  130  Ky.  222;  113  S.  W.  97; 
Morris  v.  Hoagland,  116  S.  W.  684; 
Eees  V.  Kranth,  120  S.  W.  370;  Sny- 
der V.  Board,  142  Ky.  739;  135  S.  W. 
231;  Bradford  v.  City  of  Glasgow, 
143  Ky.  401.  See  Walsh  v.  City  of 
Pineville,  152  Ky.  556,  cited  under 
Sec.  157.  Southern  Bitulithic  Co.  v. 
DeTreville,  156  Ky.  513;  City  of 
Marion  v.  Haynes,  157  Ky.  689;  Brad- 
ford V.  Fiscal  Court,  lo9  Ky.  550; 
Christopher  v.  Eobinson,  164  Ky. 
262;    Phelps    v.    City    of    Lexington, 

167  Ky.    451;    Billington    v.    Moore, 

168  Ky.   22;    Gatton   v.   Fiscal   Court, 

169  Ky.  426.  The  assessment  of 
land  within  the  drainage  district  with 
the  cost  of  the  drains,  etc,  is  a  species 
of  taxation;  but  such  assessments  are 
not  taxes  within  the  meaning  of  §157 
and  158.  Williams  v.  Wedding,  165 
Ky.  361;  176  S.  W.  1176. 

(15)  School  tax.  See  cases  cited  in 
note   15,  sec.   157. 

§  159.  (1)  Provisions  not  self- 
operative.  Legislation  is  required  to 
make  this  section  operative.  Holtz- 
hauser  v.  Citv  of  Newport,  94  Ky. 
396;  22  S.  W.  752;  But  see  Corns,  etc., 
of  Louisville  v.   Zimmerman,  101  Ky. 


PROVISIONS  OF  STATE  CONSTITUTION. 


777 


§  160.  Municipal  officers — election  and  terms  of  office — 
officers  ineligible — "fiscal  officers.'"  The  Mayor  or  Chief  Execu- 
tive, Police  Judges,  members  of  legislative  boards  or  council 
of  towns  and  cities  shall  be  elected  by  the  qualified  voters  there- 
of:  Provided,  The  Mayor  or  Chief  Executive  and  Police  Judges 
of  the  towns  of  the  fourth,  fifth  and  sixth  classes  may  be  ap- 
pointed or  elected  as  provided  by  law.  The  terms  of  office  of 
Mayors  or  Chief  Executives  and  Police  Judges  shall  be  four 
years,  and  until  their  successors  shall  be  qualified;  and  of  mem- 
bers of  legislative  boards,  two  years.  When  any  city  of  the 
first  or  second  class  is  divided  into  wards  or  districts,  members 
of  legislative  boards  shall  be  elected  at  large  by  the  qualified 
voters  of  said  city,  but  so  selected  that  an  equal  proportion 
thereof  shall  reside  in  each  of  said  wards  or  districts ;  but  when 
in  any  city  of  the  first,  second  or  third  class,  there  are  two  legis- 
lative boards,  the  less  numerous  shall  be  selected  from  and 
elected  by  the  voters  at  large  of  said  city;  but  other  officers  of 
towns  or  cities  shall  be  elected  by  the  qualified  voters  therein,  or 
appointed  by  the  local  authorities  thereof,  as  the  General  Assem- 
bly may,  by  a  general  law,  provide;  but  when  elected  by  the 
voters  of  a  town  or  city,  their  terms  of  office  shall  be  four  years, 
and  until  their  successors  shall  be  qualified.    No  Mayor  or  Chief 


432;  41  S.  W.  428,  holding  this  sec- 
tion   self-executing. 

(2)  Sinking  fund  must  be  provided 

in  accordance  with  this  section  when 
a  debt  is  created.  0 'Bryan  v.  Citv, 
113  Ky.  680;   68  S.  W.  858. 

(3)  It  is  proper  in  estimating  the 
amount  of  a  sinking  fund  to  take 
into  consideration  annual  interest  and 
increase.  E.  T.  Lewis  Co.  v.  City 
of  Winchester,  140  Ky.  244;  130  S.  W. 
1044. 

(4)  A    sinking    fund    is    sufficient 

wlien  the  amount  raised  by  taxation 
added  to  the  interest  that  may  be 
reasonably  (realized  is  sufficient  to 
lay  ofL'  the  bonds  at  maturity.  Par- 
ker V.  City  of  Corbin,  149  Ky.  603; 
149  S.  W.  970;  Board  of  Education  v. 
Lee,  153  Ky.  661.  See  also  South 
ern  Bitulithic  Co.  v.  DeTreville,  156 
Ky.  513;  City  of  Marion  v.  Hayne», 
157  Kv.  692;  Fowler  v.  Oakdale",  158 
Ky.   609;  Mitchell  v.  Knox  Co.  Fiscal 


Court,  165  Ky.  543;  Phelps  v.  City  of 
Lexington,  167  Ky.  451;  Billington 
V.  Moore,  168  Ky.  22;  Tipton 
V.  City  of  Shelby ville,  32  K.  1123; 
Morris  v.  Hoagland,  116  S.  W.  684; 
Eoss  V.  Granth,  120  S.  W.  370.  Pro- 
vision by  Statute  (Ky.  Statute  34.90 
sub-section  34),  that  sinking  fund 
shall  be  provided  to  pay  principal  in 
20  years  instead  of  40'^  violates  this 
section.  City  of  Winchester  v.  Nel- 
son, 175  Ky.  63,  193  S.  W.  1040. 

(5)  Cited  Ballard  v.  Citv  of  Shelby- 
ville  180  Ky.  135,  201  S.  W.  452 

§  160  (1)  Board  of  Aldermen,  un- 
der  the  authority  conferred  by  see. 
2781,  Ky.  Stat.,  had  jurisdiction  to 
remove  a  person  holding  office  as 
park  commissioner.  Gibbs  v.  Board 
of  Aldermen,  99  Ky.  490;  36  S.  W. 
524. 

(2)  City  Coiincilmen  In  cities  of 
the  first  class  hold  their  office  for 
two  years,  and  sec.  2768  Ky.  Stat,  so 


778 


PROVISIONS  OF  STATE  CONSTITUTION. 


Executive  or  fiscal  officer  of  any  city  of  the  first  or  second  class, 
after  the  expiration  of  the  term  of  office  to  which  he  has  been 
elected  under  this  Constitution,  shall  be  eligible  for  the  succeed- 
ing term.  "Fiscal  Officer"  shall  not  include  an  Auditor  or  As- 
sessor, or  any  other  officer  whose  chief  duty  is  not  the  collection 
or  holding  of  public  moneys.  The  General  Assembly  shall  pre- 
scribe the  qualifications  of  all  officers  of  towns  and  cities,  the 
manner  in,  and  causes  for,  which  they  may  be  removed  from 
office,  and  how  vacancies  in  such  offices  may  be  filled.  (See 
§§  147  and  148  and  notes.) 


declaring,  is  constitutional.  McDer- 
mott  V.  City,  98  Ky.  50;  32  S.  W. 
264. 

(3)  Election  of  Councilmen  by 
wards  in  cities  of  the  fourth  class  is 
permissible  under  this  section. 
Brown  v.  Holland,  97  Ky.  249;  30  S. 
W.  629;  and  court  will  not  interfere 
with  action  of  Council  in  districting 
city,  Moore  v.  City  ot  Georgetown, 
127  Ky.  409;  105  S.  W.  905;  128  Am. 
St.  Rep.   349. 

(4)  Mayor  in  cities  of  the  fourth 
class  may  be  elected  by  the  people  or 
appointed  by  the  Council,  as  may  be 
provided  by  ordinances  enacted  un- 
der authority  of  sec.  3484,  Ky.  St. 
Brown  v.  Holland,  97  Ky.  249;  30  S. 
W.  629. 

(5)  Officers  of  Cities — decisions 
under  Old  Constitution.  Constitution 
of  1850,  article  4,  section  49,  was  held 
to  relate  to  police  courts  in  towns 
and  cities  in  existence  at  the  time  of 
the  adoption  of  the  Constitution.  And 
Article  6,  section  6,  was  intended  to 
refer  to  officers  of  towns  and  cities 
whose  offces  may  be  created  by  law 
after  the  adoption  of  the  Constitu- 
tion. Trustees  of  Owensboro  v. 
Webb,  2  Met.  576;  Speed  v.  Crawford, 
3  Met.  207.  Any  officer  charged  with 
duties  pertaining  to  a  city  or  town 
government,  as  distinguished  from  a 
State,  county  or  district  officer,  was 
held  to  be  an  officer  of  the  city  or 
town  within  the  meaning  of  section  6, 
article  6;  such  as  judges  of  city  or 
town  courts.  But  their  election  was 
held  not  to  apply  to  commissioners 
for  the  city  of  Louisville  and  Jeffer- 
son county,  for  they  are  both  city 
and    county    officers.      Police   Commis- 


sioners V.  City  of  Louisville,  3  Bush, 
597;  "Ail  act  to  create  the  Newport 
Fire  and  Police  District,"  etc.,  and 
authorizing  the  appointment  of  three 
fire  and  police  commissioners  by  the 
county  judge,  was  a  violation  of  arti- 
cle 6,  section  6.  Ader  v.  City  of  New- 
port, 9   E.    784;    6   S.  W.  577. 

(6)  Police  Judges  in  cities  of  the 
fourth  class  may  be  elected  or  ap- 
pointed by  the  Council,  and  under 
Sec.  3511  Ky.  St.,  prescribing  the 
qualifications  of  police  judges,  a  per- 
son is  eligible  to  the  office,  although 
he  is  not  a  qualified  elector  of  the 
city.  Boyd  v.  Land,  97  Ky.  379;  17 
R.  273;  30  S.  W.  1019. 

(7)  Removal  of  municipal  officers. 
The  provision  in  this  section  that  the 
Legislature  ' '  shall  prescribe  the  qual- 
ifications of  all  officers  in  cities  and 
towns,  and  the  manner  in  and  cause 
for,  which  they  may  be  removed, ' ' 
applies  to  all  officers  of  cities  and 
towns,  whether  created  by  the  Con- 
stitution or  the  Legislature,  and  un- 
der sections  2781,  2794  of  the  Ky. 
St.,  the  Mayor  of  cities  of  the  first 
class  has  not  the  power  to  arbitrarily 
remove  officers  appointed  for  a  defi- 
nite term;  good  cause  must  be  as- 
signed, and  an  opportunity  for  de- 
fense allowed.  Todd  v.  Dunlav,  99 
Ky.  449;  36  S.  W.  541. 

(8)  Term  fixed  in  this  section  dur- 
ing which  elective  officers  shall  hold 
their  office  does  not  apply  to  officers 
elected  under  old  charters,  but  only 
to  those  elected  under  the  general 
laws  enacted  to  give  effect  to  this 
Constitution.  Citv  v.  Wilson,  97  Ky. 
707;  31  S.  W.  47l". 

(9)  Vacancy    in    city    office.     This 


PROVISIONS  OF  STATE  CONSTITUTION. 


779 


§  161.  Compensation — extension  of  term.  The  compensation 
of  any  city,  county,  town,  or  municipal  officer  shall  not  be 
changed  after  his  election  or  appointment,  or  during  his  term 
of  office;  nor  shall  the  term  of  any  such  officer  be  extended  be- 
yond the  period  for  which  he  may  have  been  elected  or  appoint- 
ed.    (See  §  235.) 


section  is  to  be  construed  in  connec- 
tion with  section  152,  and  therefore 
vacancies  in  the  city  offices  can  not 
be  filled  for  a  longer  time  than  ia 
provided  in  that  section.  Shelly  v. 
McCullough,  97  Ky.  164;  30  S.  W. 
193;  Todd  v.  Johnson,  99  Kv.  548; 
36  S.  W.  987.  McDermot  v.  Citv  of 
Louisville,  98  Ky.  50;  Scott  v.  Sing- 
leton, 171  Ky.  117;  188  S.  W.  302. 

(10)  Doubt  expressed  whether  a 
statute  providing  that  a  policeman 
shall  not  be  removed  during  good  be- 
havior is  not  void  as  to  the  excess 
above  four  years.  Neumeyer  v.  Kra- 
kel,  110  Ky.  624;  62  S.  W.  518.  The 
statute  may  authorize  the  removal 
of  a  city  officer  without  cause  before 
his  time  expires.  London  v.  City  of 
Franklin,  118  Ky.  105;  80  S.  W.  514. 
The  treasurer  of  a  city  of  the  second 
class  not  eligible  to  succeed  himself. 
Dorian  v.  Walters,  116  S.  W.  313;^ 
132  Ky.  54.  Refusal  of  the  General 
Council  to  approve  bond  of  the  City 
Treasurer  will  not  authorize  his  pred- 
ecessor to  receive  the  salary  during 
the  continuance  of  such  refusal.  Do- 
rian V.  Paducah,  124  S.  W.  369;  136 
Ky.  373.  The  statute  may  provide 
that  police  officers  of  a  city  may  be 
appointed  to  hold  office  during  good 
behavior  or  during  pleasure.  City  of 
Louisville  v.  Ross,  138  Ky.  764;  129 
S.  W.  101.  The  Constitution  does  not 
require  cities  to  be  divided  into  wards 
but  the  Legislature  maj'  provide  for 
officers  to  be  selected  from  the  city  at 
large.  Bryan  v.  Voss,  143  Kv.  422; 
136  S.  W."884.  This  section  cited  in 
Town  of  Grayson  v.  Bagbv,  115  Ky. 
651;  Wilson  v.  Hahn,  131  Ky.  439. 

§  161.  (1)  Application  of  section. 
This  section  only  applies  to  officers 
whose  terms  are  fixed  by  law,  and 
does  not  apply  to  policemen  who 
hold  office  at  the  pleasure  of  a 
board.  Citv  v.  Renniclc,  105  Ky.  779; 
49   S.    W.   787;    City   of   Lexington   v. 


Thompson,  113  Ky.  540;  72  S.  W. 
816;    57   L.   R.   A.    775 

(2)  Compensation  of  an  officer  can 

not  be  changed  during  his  term,  but 
where  the  compensation  is  not  fixed 
when  he  takes  office,  it  may  after- 
wards be,  and  when  so  fixed  can  not 
be  changed  during  his  term.  City 
V.  Wilson,  99  Ky.  598;  36  S.  W.  944; 
Piercy  v.  Smith,  lli7  Ky.  990;  80  S. 
W.  201;  McNew  v.  Com.,  123  Kv.  115; 
93  S.  W.  1047;  McNew  v.  Nicholas 
Co.,  125  Ky.  66;  100  S.  W.  324;  Mc- 
Crackeu  Co.  v.  Reed,  125  Kv.  420- 
101  S.  W.  348;  Spalding  v.  "  Thorn- 
burg,  31  R.  738;  103  S.  W.  291;  Hurt 
V.  Morgan  Co.,  166  Ky.  364;  179  S.  W. 
255;  Fox  v.  Lantrip,  162  Kv.  178;  172 
S.  W.  133;  Mercer  Co.  v.  Gibbs,  166 
Ky.  434;  179  S.  W.  409;  Beauchamp  v. 
Snider,  170  Ky.  220;  185  S.  W.  868. 
Nor  can  it  be  indireetl}'  changed. 
Thomas  v.  Hagar,  120  Ky.  428;  86  S. 
W.  969;  Slayton  v.  Rogers,  128  Ky. 
106;  107  S.  W.  696.  Salary  may  be 
fixed  after  officer  is  elected.  Marion 
Co.  V.  Kelley,  112  Ky.  831;  56  S.  W. 
815;  Barrett  v.  City,  109  Ky.  151;  58 
S.  W.  520;  Jefferson  Co.  v.  Waters, 
114  Ky.  48;  70  S.  W.  40;  Board  of  Ed. 
V.  Moore,  114  Ky.  640;  71  S.  W.  621; 
Butler  Co.  v.  James.  116  Ky.  575; 
76  S.  W^  402.  See  further  on  this 
section  Terrell  v.  Trimble  County, 
128  Ky.  519;  108  S.  W.  848;  Breath- 
itt County  V.  Noble,  116  S.  W.  777; 
Grayson  County  v.  Rogers,  122  S.  W. 
866;  Money  v.  Beard,  124  S.  W.  282; 
Clark  V.  Logan  Countv,  128  S.  W. 
1079. 

(3)  Circuit  clerks  in  office  when 
act  allowing  $5  fee  in  felony  cases 
passed  are  not  entitled  to  its  bene- 
fits, as  it  changed  their  compensa- 
tion. Bright  V.  Stone,  20  R-  817;  43 
S.  W.   207: 

(4)  Officers — who  are,  in  the  mean- 
ing of  this  section..  City  v.  Wilson, 
99  Ky.   598;   36  S.   W,  944;  Lowry  v. 


780 


PROVISIONS  OF  STATE  CONSTITUTION. 


§  162.  Contracts  unauthorized  by  law  invalid.  No  county, 
city,  town  or  other  municipality  shall  ever  be  authorized  or  per- 
mitted to  pay  any  claim  created  against  it,  under  any  agreement 
or  contract  made  without  express  authority  of  law,  and  all  such 
unauthorized  agreements  or  contracts  shall  be  null  and  void. 


City,  113  Ky.  763;  6S  S.  W.  1109.  A 
revenue  agent  is  not  an  oiEeer  with- 
in the  meaning  of  this  section,  as  this 
section  applies  only  to  oiScers  hav- 
ing a  fixed  term  and  not  to  officers 
created  by  the  Legislature  and  who 
may  be  removed  at  the  pleasure  of 
the  appointing  board.  Com.  v.  Ewald 
Iron  Co.,  153  Ky.  116;  154  S.  W.  931. 

(5)  Fees  allowed  in  lieu  of  salaries 
are  subject  to  this  section.  Taylor  v. 
Adair  County,  119  Ky.  374;  84  S.  W. 
292.  An  allowance  for  extra  services 
under  an  employment  made  after  elec- 
tion or  appointment  considered.  Slay- 
ton  V.  Eogers,  128  Ky.  106;  107  S.  W. 
696.  The  amendment  of  March  7, 
1910,  to  Kentucky  Statutes  4072  is 
unconstitutional  as  to  assessors  elec- 
ted in  November,  1909.  James  v.  Bar- 
ry, 138  Ky.  656;  128  S.  W.  1070. 
The  meaning  of  the  words  ' '  during 
his  term  of  office."  Bosworth  v.  Elli- 
son, ]48  Ky.  708;  147  S.  W.  400.  This 
section  cited  in  JPurnell  v.  Mann,  105 
Ky.  87.  Stone  v.  Mayo,  21  R.  1559; 
Com.  V.  Carter,  21  E.  1509;  Thomas 
V.  O'Brien,  129  S.  W.  103;  James, 
Auditor  v.  Duffy,  140  Ky.  604; 
Browne  v.  City  of  Winchester,  153 
Kv.  502;  155  S.  W.  115'.  Rogers  v. 
Clayton,  130  Ky.  423;  113  S.  W.  509; 
Money  v.  Beard,  136  Ky.  219;  124 
S.  W.  282;  James  v.  Cammack,  139 
Ky.  223;  129  S.  W.  582;  Frizzell  v. 
Holmes,  131  Kv.  373;  115  S.  W.  246. 
Page  V.  0 'Sullivan,  159  Ky.  708; 
Pate  V.  Morgan  Co.,  166  Kv.  364, 
Fiscal  Court  v.  Gibbs,  166  Ky.  434. 
The  legislature  may  indirectly  affect 
a  jailer's  fees  by  changing  the  meth- 
od of  punishing  criminals.  Duff  v. 
Mosley,   169    Ky.   61;    183   S.   W.    231. 

(6)  The  Act  of  March  23,  1908 
(p.  116  Ch.  44,  K.  S.  3948,)  authoriz- 
ing the  fiscal  court  to  appropriate 
a  sum  to  keep  public  buildings  in  a 
clean,  comfortable  condition  does  not 
apply  during  the  term  of  a  jailer  in 
office     when     that     act     took     effect. 


Frizzell  v.  Holmes,  131  Kv.  375;  115 
S.   W.   246. 

(7)  An  order  of  a  fiscal  court  in 
October  1S9S,  increasing  the  salary 
of  the  county  judge  elected  in  No- 
vember, 1S97,  is  void.  Clark  v.  Lo- 
gan County,  Ky.,  128  S.  W.  1079. 

(8)  The'  amendment  of  1902  to  K. 
S.  §  1845  giving  pay  to  magistrates 
acting  on  committees  is  not  uncon- 
stitutional. Thomas  v.  O'Brien,  129 
S.  W.  103. 

(9)  This  section  has  no  applica- 
tion to  the  compensation  of  officers 
created  by  the  Legislature  who 
may  be  removed  at  the  pleasure  of 
the  appointing  body.  Com.  v.  Ewald 
Iron  Co.,  153  Ky.  116;  154  S.  W.  931; 
Com.  v.  Am.  Tob.  Co.,  153  Ky.  116; 
154  S.  W.  931;  Com.  v.  Belknap 
Hdwe.  &  Mfg.  Co.,  153  Ky.  116;  154 
S.    W.    931;    Com.    v.    Nat.    Lead    Co., 

153  Ky.  116;  154  S.  W.  931;  Com.  v. 
Bishop,  153  Ky.  116;  154  S.  W.  931; 
Com.  V.  Torbitt's  Exr.,   153   Kv.   116; 

154  S.  W.  931. 

(10)  Suit  to  recover  excess  paid  to 
officer  may  be  prosecuted  by  any  tax 
payer,  even  payer  of  poll  tax.  An- 
deson  v.  Burton  174  Ky.  456;  192  S. 
W.   519. 

(11)  Action  of  Fiscal  Court  fixing 
County  Judge 's  salary  may  be  re- 
viewed by  circuit  court  on  appeal. 
Brown,  Judge  v.  Laurel  Co.  etc.,  175 
Ky.  747;  194  S.  W.  907. 

§  162.  Void  contract.  Ordinance  al- 
lowing Police  Judge  his  fees  against 
persons  who  worked  out  their  fines 
and  making  same  payable  by  city  is 
in  violation  of  this  section  and  sec. 
3528,  Ky.  Stat.  Wadsworth  v.  City. 
Although  the  franchise  to  and  con- 
tract for  a  water  supply  from  a  wa- 
ter company  are  void,  the  town  is 
still  liable  to  the  extent  that  it  has 
received  water  therefrom.  Nicholas- 
ville  Water  Co.  v.  Board,  18  E.  592; 
38  S.  W.  430. 


PROVISIONS  OF  STATE  CONSTITUTION. 


781 


§  163.  Streets  not  to  be  taken  by  private  corporation  without 
consent — exception.  No  street  railway,  gas,  water,  steam  heat- 
ing, telephone,  or  electric  light  company,  within  a  city  or  town, 
shall  be  permitted  or  authorized  to  construct  its  tracks,  lay  its 
pipes  or  mains,  or  erect  its  poles,  posts  or  other  apparatus  along, 
over,  under  or  across  the  streets,  alleys  or  public  grounds  of  a 
city  or  town,  without  the  consent  of  the  proper  legislative  bodies 
or  boards  of  such  city  or  town  being  first  obtained;  but  when 
charters  have  been  heretofore  granted  conferring  such  rights, 
and  work  has  in  good  faith  been  begun  thereunder,  the  pro- 
visions of  this  section  shall  not  apply. 

§  164.  Franchise  or  privilege  not  to  be  granted  for  longer 
than  twenty  years — sale  of — exception.  No  county,  city,  town, 
taxing  district  or  other  municipality  shall  be  authorized  or  per- 
mitted to  grant  any  franchise  or  privilege  or  make  any  contract 


The  validity  of  a  statute  to  regu- 
late the  sitting  of  a  cix'cuit  court  in 
two  towns  and  providing  for  the  ex 
penses.  Johnson  v.  City  of  Fulton, 
121  Ky.  594;  89  S.  W.  672.  Fran- 
chise to  operate  a  telephone  system 
in  a  city  can  only  be  acquired  as 
provided  in  Sections  163  and  164. 
Rural  Home  Tel.  Co.  v.  K.  &  I.  Tel. 
Co.,  12S  Ky.  209;    107  ^S.   W.   7S7. 

§  163.  (1)  Application  of  section. 
It  does  not  apply  to  grants  made  be- 
fore adoption  of  this  Constitution, 
under  which  work  has  been  com- 
menced. L.  &  N.  R.  R.  V.  Bowling 
Green  R.  Co.,  23  R.  273;  63  S.  W.  4; 
City  V.  L^.  Water  Co.,  105  Ky.  754; 
49  S.  W.  766. 

(2)  A  company  that  takes  posses- 
sion of  a  street  for  any  purpose  men- 
tioned in  this  section  without  hav- 
ing first  obtained  consent  from  the 
proper  authorities  is  a  trespasser. 
The  only  exception  to  this  rule  is 
contained  in  last  clause  of  section. 
East  Tenn,  Tel  Co.  v.  Citv,  106  Ky. 
667;  51  S.  W.  308;  East  Tenn.  Tel. 
Co.  v.  Anderson  Co.,  115  Kv.  488; 
"4  S.  W.  218;  Rough  River  Tel.  Co. 
v.  Cumberland  Tel.  Co.,  119  Ky.  470; 
84  S.  W.  517;  Maraman  v.  Ohio  Te). 
Co.,  25  R.  784;  76  S.  W.  398;  East 
Tenn.  Tel.  Co.  v.  Anderson  Co.,  22 
R.  418;  57  S.  W.  457;  Merchants' 
Police  Tel    Co.   v.    Citizens'   Tel.   Co., 


123  Ky.  90;  93  S.  W.  642;  Rural 
Home  Tel.  Co.  v.  K.  &  I.  Tel.  Co., 
128  Ky.  209;  107  S.  W.  787. 

(3)  This  section  does  not  apply 
unless  some  part  of  the  public  ways 
or  grounds  is  to  be  occupied.  Bland 
V.  Cumb.  Tel.  &  Tel.  Co.,  33  R.  399; 
109  S.  W.  1180. 

(4)  The  right  acquired  by  a  certain 
telephone  company  to  use  the  streets 
of  a  city  held  not  withdrawn  by  the 
present  Constitution,  and  not  subject 
to  revocation.  City  of  Louisville  v. 
Cumb.  Tel.  &  Tel.  Co.,  224  U.  S.  649. 

(5)  This  section  must  be  read  to 
gether  with  Sec.  164  as  to  the  right 
to  occupy  the  streets  and  public  ways 
by  a  telephone  company.  Cumb.  Tel. 
&  Tel.  Co.  V.  Citv  of  Calhoun,  151 
Ky.  241;  151  S.  W.  659.  Christian- 
Todd  Tel.  Co.  V.  Coin.,  156  Ky.  566; 
161  S.  W.  543;  City  of  Covington  v. 
L.  &  N.  E.  R.  Co.,  158  Kv.  137;  164 
S.  W.  329.  Bentler  v.  Cincinnati  C.  & 
S.  Ry.  Co.,  180  Ky.  497;  203  S.  W. 
197. 

§  164.  (1)  Construction  of  section. 
This  section  became  operative  upon 
the  adoption  of  the  Constitution,  and 
a  grant  of  a  franchise  to  a  water 
company  by  a  cit}'  without  a  com- 
pliance with  the  provisions  of  this 
section  was  void.  Nicholasville  v. 
Board  of  Council,  18  R.  592;  36  S. 
W.,  549;   38  S.  W.  430;  and  see  Mon- 


782 


PROVISIONS  OF  STATE  CONSTITUTION. 


in  reference  thereto,  for  a  term  exceeding  twenty  years.  Before 
granting  such  franchise  or  privilege  for  a  term  of  years,  such 
municipality  shall  first,  after  due  advertisement,   receive  bids 


arch  V.  Oweusboro  R.  E.,  119  Ky. 
939;  85  S.  W.  193;  City  of  Provi- 
dence V.  Providence  Electric  Light 
Co.,  122  Ky.  237;  91  S.  W.  664; 
Frankfort  Tel.  Co.  v.  Common  Coun- 
cil, 125  Ky.  59;  100  S.  W.  310;  Cum. 
T.  &  T.  Co.  V.  City  of  Hickman,  129 
Ky.  220;  111  S.  W.  311,  and  note 
(2),  sect.  163;  see  also  Moberly  v. 
Eichmond  Tel.  Co.,  126  Ky.  373; 
Eural  Home  Tel.  Co.  v.  Ky.  &  I.  Tel. 
Co.,  128  Ky.  209;  107  S.  W.  787; 
Watson  V.  Morehead,  125  S.  W.  724; 
Gathright  v.  Bylleaby,  1.54  Ky.  106; 
157  S.  W.  45;  City  of  Louisville  v. 
Louisville  Home  Tel.  Co.,  149  Ky. 
234;  148  S.  W.  13;  American  Car  Co. 
V.  Johnson,  1147  Ky.  69;  143  S.  W. 
773;  Christian-Todd  Tel.  Co.  v.  Com., 
156  Ky.  557;  161  S.  W.  .543;  Slade 
V.  City,  141  Ky.  214;  132  S.  W.  404; 
Louisville  Home  Tel.  Co.  v.  Cty,  130 
Ky.  611;  113  S.  W.  855;  Woodall  v. 
South  Cov.  E.  Co.,  137  Ky.  512;  124  B. 
W.  843;  E.  Ten.  Tel.  Co.  v.  Paris  Elec. 
Co.,  156  Ky.  762;  162  S.  W.  530. 
Electric  Eailway  from  one  city  to 
another  does  not  require  a  franchise 
to  be  sold  under  this  section.  Bentler 
V.  Cincinnati,  C.  &  E.  Ey.  Co.,  180  Ky. 
497;  203  S.  W.  199. 

(2)  Grant  of  a  franchise  for  a  term 
of  twenty  years,  to  begin  at  a  future 
date,  is  in  violation  of  this  section. 
City  v.  Smith,  105  Ky.  678;  49  S.  W. 
456;  and  see  Keith  v.  Johnson,  109 
Ky.  421;  59  S.  W.  4S7;  Merchants' 
Police  Tel.  Co.  v.  Citizens'  Tel.  Co., 
123  Ky.  90;  93  S.  W.  642;  Hilliard 
V.  Fetter  Lighting  &  Heating  Co., 
105  S.  W.  115;   127  Ky.  95. 

(3)  "Highest  and  best  bidder" — 
words  mandatory  —  definition  of. 
Keith  V.  Johnson,  109  Ky.  421;  59  S. 
W.  487;  Monarch  v.  Oweusboro  City, 
R.  E.  Co.,  119  Ky.  939;  85  S.  W.  193. 

(4)  Right    to    exclude    competition 
to    prevent    a    monopoly.       Stites    v. 
Morton,  101  S.  W.  1189;   125  Ky.  672;. 
13  L.  E.  A.   (N.  S.)  474. 

(5)  The  city  may  compel  a  tele- 
phone company  to  comply  with  the 
condition  in  its  contract  or  franchise 


prohibiting  the  use  of  telephone  lines 
when  although  the  result  should  be 
the  loss  to  the  city  of  the  profits  it 
had  been  accustomed  to  realize  from 
its  business.  City  of  Louisville  v. 
Louisville  Home  Tel.  Co.,  149  Ky. 
234;   148  S.  W.  13. 

(6)  A  city  can  not  enlarge  a  fran- 
chise except  'by  an   award  under  this 
section.      People's    Electric    Light    & 
Power    Co.    v.    Ca^pital   Gas,    etc.,    Co., 
116  Ky.  76;   75  S.  W.  280.  A  railroad 
comi^any    carrying    freight    and    pas- 
sengers between   two   cities  in   differ- 
ent  States   is   a   trunk   railway.     Die- 
bold   V.   Ky.   Trac.   Co.,   117   Ky.    146; 
77  S.  W.   674.  A  Franchise   to  supply 
a    town    with    gas    for    twenty    years 
runs   from    the    date    of   the    contract 
and     not     from     the     time     furnish- 
ing  of   gas   was   to   begin.      Truesdale 
V.    City    of    Newport,    28    E.    840;    90 
S.  W.   589.     A  grant  by  a  town  to  a 
county    of    the    privilege    to    erect    a 
bridge  on  a  street  and  to  charge  toll 
is   not    a    franchise.      Town    of   Jack- 
son   V.   Breathitt   County,   32   E.   199; 
105    S.    W.    376.      An     ordinance     for 
public   sale    of    a   telephone   franchise 
may    exclude    the    owner    of    a    like 
franchise     from     bidding.      Louisville 
Home   Tel.   Co.   v.   Citv   of  Louisville, 
130  Ky.  611;  113  S.  W.  855.     A  grant 
by    a    city    to    a    street    railway    com- 
pan}'    of   a    right   to    use   a   street    in 
consideration    of    its    surrender    of    a 
right    it   had   to    use    other   streets   is 
not   a   grant   of   a   franchise.   Woodall 
V.   South   Covington,   etc.,   Co.,    124   S. 
W.   843;   137  Ky.   512.     Limitation  of 
twenty    years    does    not   apph*    to    re- 
newal   of   the    contract    made   in   pur- 
suance   of    a    contract    to    renew    en- 
tered into  in   1885.     Slade  v.   City  of 
Lexington,    141    Ky.    214;    132    S.    W. 
404.      The    right   acquired    by    a    tele- 
phone   company    to    use    the    streets 
held    not    withdrawn    by    the    present 
Constitution   or    subject   to    a   revoca- 
tion.     Citv     of     Louisville     v.     Cumb. 
Tel.  &  Tel.  Co.,  224  U.  S.   649.     This 
section    cited    in    L.    &    N.    R.    Co.    v. 
Bowling  Green,   110  Ky.   788;   Ameri- 


PROVISIONS  OF  STATE  CONSTITUTION. 


783 


therefor  publicly,  and  award  the  same  to  the  highest  and  best 
bidder;  but  it  shall  have  the  right  to  reject  any  or  all  bids.  This 
section  shall  not  apply  to  a  trunk  railway. 


can  Car,  etc.,  Co.  v.  Johnson  Countv, 

147  Ky.    69;    143    S.    W.    773;    Cumt). 

Tel.  &  Tel.  Co.,  v.  Calhoun,  151  Ky. 
241. 

(7)  An  ordinance  authorizing  a  gas 

franchise  for  sale  is  not  invalid  with 
reference  to  the  requirement  of  due 
notice  because  it  gives  only  two 
weeks'  notice,  one  notice  in  an  Eng- 
lish i>aper  and  one  notice  in  a  Ger- 
man paper,  where  there  is  no  statu- 
tory definition  of  what  constitutes 
due  advertisement,  as  the  good  faith 
of  the  General  Council  will  not  be 
questioned.  It  was  also  held  with 
reference  to  the  provision  as  to  the 
highest  and  best  bidder,  that  an  or- 
dinance constituting  an  agreement 
with  a  proposed  purchaser  of  a  gas 
franchise  offered  for  sale  by  another 
ordinance  requiring  that  the  pur- 
chaser, if  the  successful  bidder, 
should  pipe  natural  gas  to  Louisville 
from  West  Virginia,  is  not  invalid, 
because  the  projwsed  purchaser 
owns  all  the  available  natural  gas 
field  in  West  Virginia,  when  the 
pleading  merely  alleges  that  in  West 
Virginia  there  are  very  extensive 
areas  under  which  there  lies  natural 
gas,  and  that  the  purchaser  has,  so 
plaintiff  is  informed,  by  contraicts 
through  itself  and  its  agents,  an  op- 
tion to  purchase  or  lease  certain 
tracts  in  West  Virginia  under  which 
tracts  such  available  natural  gas  ex- 
ists. 

An  electric  franchise  to  be  sold 
so  drawn  as  to  cover  only  territory 
alreadjr  occupied  by  the  pipes  or 
wires  of  the  existing  company,  is  not 
for  that  reason  invalid  as  giving  un- 
due advantage  to  an  existing  plant 
Such  an  ordinance  is  not  invalid  be- 
cause the  purchaser,  by  reason  of  his 
ownership  and  capital,  is  on  a  better 
footing  than  other  bidders   would  be. 

A  provision  that  if  the  purchaser 
was  the  successful  bidder,  it  mi^ht 
purchase  an  existing  electric  com- 
pany, and  that  the  city  would  waive 
the  stipulation  in  the  franchise  of 
the   latter   company   prohibiting   it   to 


consolidate  with  a  competing  com- 
pany of  which  the  purchaser  had 
control,  is  not  invalid,  since  other 
bidders  can  not  be  prohibited  from 
buying  the  latter  company  and 
might  also  ibuy  the  new  franchise: 
hence  the  waiver  merely  put  the 
purchaser  on  an  equal  footing  with 
other  bidders.  Gathright  v.  H:  M. 
Byllesby  &  Co.,  154  Kv.  106;  157  S. 
W.  45.  Christian-Todd  Tel.  Co.,  v. 
Com.,  156  Ky.  566;   161  S.  W.  543. 

By  agreement  city  may  change  tel- 
ephone rates  from  those  provided  in 
the  franchise  agreement.  Lutes  v. 
Fayette  Home  Tel.  Co.,  155  Kv.  555; 
160   S.  W.   179. 

(8)  This    section    does    not    apply 

except  when  some  part  of  the  puD- 
lic  ways  or  public  grounds  is  to  be 
occupied.  Bland  v.  Cum.  Tel.  &  Tel. 
Co.,  33  E.  399;   ]09  S.  W.   1180. 

(9)  An  ordinance  creating  a  tele- 
phone franchise  passed  by  the  Coun- 
cil on  the  day  it  is  introduced  is  in- 
valid and  was  not  cured  by  a  subse- 
quent ordinance  introduced  on  a 
later  day  and  passed  on  that  day. 
Eastern  Kv.  Home  Tel.  Co.  v.  Hat- 
cher,  166   ky.   176;    179  S.   W.   7. 

(10)  An  ordinance  of  the  City 
Council  which  undertakes  to  grant  a 
franchise,  the  period  of  the  exercise 
of  which  does  not  expire  until  more 
than  twenty  years  after  its  granting 
is  void;  and  an  ordinance  granting  a 
franchise  for  ten  years  but  the  period 
of  its  exercise  not  to  commence  un- 
til four  and  one-half  years  after  the 
granting  is  void  as  against  sound 
public  policy.  City  of  Princeton  v. 
Princeton  Electric,  etc.,  Co.,  166  Kv. 
730;  179  S.  W.  1074.  Where  city  pays 
for  electricty  furnished  under  void 
contracts  it  piannot  recover  amounts 
paid.  Where  franchise  for  period 
of  twenty  years  was  valid  and  a  con- 
tract was  made  under  it  for  twenty 
years  from  a  future  date  the  contract 
was  valid  for  life  of  franchise,  twenty 
years  from  time  created.  Schaff  &  Co. 
V.  City  of  Lagrange,  176  Ky.  548;  195 
S.  W.   1097. 


784 PROVISIONS  OF  STATE  CONSTITUTION. 

§  165.  Incompatible  offices.  No  person  shall,  at  the  same 
time,  be  a  State  officer  or  a  deputy  officer,  or  member  of  the 
General  Assembly,  and  an  officer  of  any  county,  city,  town  or 
other  municipahty,  or  an  employe  thereof;  and  no  person  shall, 
at  the  same  time,  fill  two  municipal  offices,  either  in  the  same  or 
different  municipalities,  except  as  may  be  otherwise  provided  in 
this  Constitution ;  but  a  Notary  Public,  or  an  officer  of  the  militia, 
shall  not  be  ineligible  to  hold  any  other  office  mentioned  in  this 
section.     (See  also  §  237.) 

§  166.  Expiration  of  charters  in  force  when  Constitution  took 
effect.  All  acts  of  incorporation  of  cities  and  towns  heretofore 
granted  and  all  amendments  thereto,  except  as  provided  in  sec- 
tion one  hundred  and  sixty-seven,  shall  continue  in  force  under 
this  Constitution,  and  all  City  and  Police  Courts  established  in 
any  city  or  town  shall  remain,  with  their  present  povv^ers  and 
jurisdictions,  until  such  time  as  the  General  Assembly  shall  pro- 
vide by  general  laws  for  the  government  of  towns  and  cities, 
and  the  officers  and  courts  thereof;  but  no  longer  than  four 
years  from  and  after  the  first  day  of  January,  one  thousand 
eight  hundred  and  ninety-one,  within  which  time  the  General 
Assembly  shall  provide  by  general  laws  for  the  government  of 
towns  and  cities,  and  the  officers  and  courts  thereof,  as  provided 
in  this  Constitution. 


§  165.   (1)  Incompatible  offices.      A  §   166.   Charters  in  existence   prior 

master    commissioner    is    not    a   State  to     the     Construction.      Tliis     section 

officer    or    a    deputy    State    officer    In  provides  for  tlie   continuation    of   ex- 

the   meaning    of   this    section.      Good-  isting    laws.      In    the    meantime,    the 

loe  V.  Tox,  96  Ky.  627;  29  S.  W.  433.  existing   governmental   regulations   of 

The  office  of  deputy  sheriff  is  incom-  cities     and     towns     must     remain     in 

patible  with  the  office  of   city  collec-  force.      Their    present    charters     and 

tor.     Keating   v   .City   18   E.   245;    35  amended  charters  must,  for  the  pres- 

S.    W.    1026      Office    of    Commissioner  ent,    suffice.      Holtzhauer    v.    City    of 

of    one    city   incompatible   with    office  Newport,   94   Ky.   396;   22  S.  W.   752; 

of     Engineer     of     'another.     Common-  Bryne  v.  City  of  Covington,  15  E.  33; 

wealth  V.  Livingston,  171  Ky.  52;  186  21  S.  W.  1050;   City  v.   Vreeland,  140 

S.  W.  962.  Ky.  400;  131  S.  W.  195.     This  section 

„,            ^       J,     ,^..r,       .»     -I  4.-.,^  'leld    not    to    repeal    the    division    of 

(2)  The     act    of    1910    regulating  ^.^.^^  ^^  ^^^^  ^^^^^^^  ^^^^^  .^^^  ^^^^^_ 

circuit     courts    held    not    unconstitu-  -g^^^^^  ^^    Holland,  97  Kv.  249;   30  S. 

^T^}  .i^'^.^o'  ^^.o  T^"""  9^-,          ■t^h  W.   629.     Under  the   charter   of  cities 

129  S.  W.  082;   139  Ky.  223;  see  also  ^.  ^j^^  g^^j^  ^^,^^^  ^^^  chairman  of  the 

Taylor  V    Johnson,   148  Ky.   649;   147  ^^^^^   ^^    trustees   became  the   mayor 

S.  W.  0(5.  gjj^  could  not  be  counted   in  fixing  a 

(3)  The  office  of  county  coramis-  quorum.  Bybee  v.  Smith,  22  E.  1864; 
sioner  is  not  incompatible  with  that  61  S.  W.  15.  Section  2810  Kentucky 
of  county  judge.  Vogt  v.  Beauchamp,  Statutes  held  to  repeal  the  provi- 
153  Ky.  64;  154  S.  W.  393.  s'ions   for   the   election   of   a   principal 


PROVISIONS  OF  STATE  CONSTITUTION. 


785 


§  167.  Terms  of  officers  elected  under  old  charters — when 
officers  to  be  elected — Police  Judges.  All  city  and  town  officers 
in  this  State  shall  be  elected  or  appointed  as  provided  in  the 
charter  of  each  respective  town  and  city,  until  the  general  elec- 
tion in  November,  eighteen  hundred  and  ninety-three,  and  until 
their  successors  shall  be  elected  and  qualified,  at  which  time  the 
terms  of  all  such  officers  shall  expire;  and  at  that  election  and 
thereafter  as  their  terms  of  office  may  expire,  all  officers  re- 
quired to  be  elected  in  cities  and  towns  by  this  Constitution,  or 
by  general  laws  enacted  in  conformity  to  its  provisions,  shall  be 
elected  at  the  general  elections  in  November,  but  only  in  the  odd 
years,  except  members  of  municipal  legislative  boards,  who  may 
be  elected  either  in  even  or  odd  years,  or  part  in  the  even  and 
part  in  the  odd  years:  Provided,  That  the  terms  of  office  of 
Police  Judges,  who  were  elected  for  four  years  at  the  August 
election,  eighteen  hundred  and  ninety,  shall  expire  August  thirty- 
first,  eighteen  hundred  and  ninety-four,  and  the  terms  of  Police 
Judges  elected  in  November,  eighteen  hundred  and  ninety-three, 
shall  begin  September  first,  eighteen  hundred  and  ninety-four, 
and  continue  until  the  November  election,  eighteen  hundred  and 
ninety-seven,  and  until  their  successors  are  elected  and  qualified. 

§  168.     Penalty  for  violation    of     municipal     ordinance — bar. 

No  municipal  ordinance  shall  fix  a  penalty  for  a  violation  thereof 


engineer    in    Louisville.      Parsons    v. 
Breed,    126   Ky.    759;    104   S.   W.   766. 

§  167.  Cases  construing  this  sec- 
tion. Johnson  v.  Wilson,  95  Ky.  415; 
25  S.  W.  1057;  Boyd  v.  Land,  97  Ky. 
379;  30  S.  W.  1019;  Tevis  v.  Eiee, 
97  Kv.  528;  30  S.  W..  1021;  Jones  v. 
AVilshire,  98  Ky.  391;  33  S.  W.  199; 
Lafferty  v.  Huffman,  99  Ky.  80;  35 
S.  W.  123;  Goodloe  v.  Fox,  96  Ky. 
627;  29  S.  W.  433;  Citv  v.  Wilson,  97 
Ky.  707;  31  S.  W.  471;  City  v.  El- 
more, 100  Ky.  41T;  38  S.  W.  849; 
Jackson  v.  City  of  Richmond,  56  S. 
W.  501;  108  Ky.  374.  An  election  to 
fill  the  unexpired  term  of  a  city  of- 
ficer may  be  held  in  a  year  in  which 
Congressmen  are  elected.  Smith  v. 
Doyle,  25  R.  958;  76  S.  W.  519.  The 
statute  creating  the  office  of  engineer 
and  defining  the  term  held  repealed 
by  the  present  charter.  Parsons  v. 
Breed,  126  Ky.  759;  104  S.  W.  766. 


§  168.  (1)  City  ordinance  can  not 
fix  a  less  penalty  for  an  offense  de- 
nounced by  statute  than  is  imposed 
by  the  statute,  but  may  fix  a  greater 
penalty,  and  for  a  common  law  of- 
fense may  fix  a  less  penalty  than 
that  prescribed  by  the  common  law. 
City  V.  Sparks,  99  Ky.  351;  36  S.  W. 
4;  City  v.  Simms,  99  Ky.  49;  34  S. 
W.  1085;  Taylor  v.  Com.,  98  Ky.  271; 
32  S.  W.  948;  and  see  further  import- 
ant cases  of  Orme  v.  Com.,  21  R. 
1412;  55  S.  W.  195;  Mullins  v.  Citv, 
23  R.  436;  63  S.  W.  475.  Keiper  V. 
City,  152  Ky.  691;  154  S.  W.  18; 
Burdette  v.  Board  of  Council,  125  S. 
W^  275. 

(2)  Conviction  under  an  ordinance 
in  a  police  court  for  an  offense  not 
punishable  by  statute — such  as  nui- 
sance— does  not  bar  a  conviction  for 
the  same  offense  in  the  Circuit  Court 
under     an     indictment.       Respess     v. 


786 


PROVISIONS  OF  STATE  CONSTITUTION. 


at  less  than  that  imposed  by  statute  for  the  same  offense.  A 
conviction  or  acquittal  under  either  shall  constitute  a  bar  to  an- 
other prosecution  for  the  same  offense. 

REVENUE  AND  TAXATION. 

§  170.     Property  exempt — cities  may  exempt  manufactories. 

There  shall  be  exempt  from  taxation  public  property  used  for 
public  purposes ;  places  actually  used  for  religious  worship,  with 
the  grounds  attached  thereto  and  used  and  appurtenant  to  the 


Com.,  53  S.  W.  24;  107  Ky.  139;  Ehr- 
lick  V.  Com.,  118  Kv.  818;  82  S.  W. 
440.  Lucas  v.  Com.,  118  Ky.  818; 
Leitchfield  Mer.  Co.  v.  Com.,  143  Ky. 
162;  136  S.  W.  639;  L.  &  N.  R.  R.  Co. 
V.   Com.,  144  Ky.   558;    139  S.  W.  785. 

(3)  Disorderiy  conduct  is  not  th& 
same  offense  as  a  breach  of  the 
peace,  and  an  ordinance  may  fix  a 
less  penalty  for  it  than  is  fixed  by 
statute  for  a  breach  of  the  peace. 
City  V.  Hollv,  108  Ky.  621;  57  S.  W. 
491. 

(4)  Ordinance  local  i  n  its  char- 
acter— such  as  one  that  imposes  a 
penalty  on  persons  peddling  without 
license — is  not  violative  of  this  sec- 
tion, because  it  fixes  the  time  at  less 
than  that  imposed  by  a  statute  for 
the  same  offense,  nor  is  a  conviction 
under  it  a  bar  to  prosecution  by  in- 
dictment. Citv  V.  Heckinger,  103 
Ky.  381;  45  S.  W.  358;  Com.  v.  Merz, 
125  Ky.  97;  100  S.  W.  333;  Crosdale 
v.  City  of  Cynthiana,  21  R.  36;  50 
S.  W.  977;  Com.  v.  City  of  Flemings- 
burg,  125  Ky.  97;   100  S.  W.  333. 

(5)  Ordinance  fixing  a  less  penalty 
than  provided  by  statute  for  the 
same  offense  is  void.  Kehr  v.  Com., 
26  R.  1234;  83  8.  W.  633. 

(6)  An  ordinance  penalizing  the 
operation  of  a  pool-room  held  consti- 
tutional. City  of  Louisville  v.  Wehm- 
hoff,  116  Ky.  812;  76  S.  W.  876.  A  con- 
viction in  a  police  court  of  a  city  of 
the  fourth  class  held  a  bar  to  a  prose- 
cution in  a  circuit  court  for  the  same 
offense.  White  v.  Commonwealtth,  122 
Ky.  408;  92  S.  W.  275.  Where  an  act 
is  an  offense  against  a  statute  and 
also  a  city  ordinance  the  Common- 
wealth may  elect.  Burdette  v.  Board, 
etc.,  125  S.  W.  275.  A  city  ordinance 


imposing  a  penalty  for  a  common 
law  oft'ense  less  than  that  fixed  at 
common  law  is  not  therefore  void. 
Leichtfield  Mer.  Co.  v.  Com.,  143  Ky. 
163;  136  S.  W.  639.  This  section  held 
not  to  apply  to  convictions  of  com- 
mon law  misdemeanors.  L.  &  N.  R. 
R.  Co.  V.  Com.,  144  Ky.  558;  139  S. 
W.  785. 

(7)  The  defendant  having  been 
fined  $25,  can  not  complain  that  the 
ordinance  under  which  he  was  fined 
authorized  both  fine  and  imprison- 
ment, when  under  the  statute  the 
council  had  authority  to  provide  on- 
ly for  a  fine.  Keiper  v.  Citv  of  Louis- 
ville, 152  Ky.  691;   154  S.  W.  18. 

§  170.  (1)  Construction  of  section. 
Acts  held  to  be  unconstitutional. 
Barbour  v.  Louisville  Board  of 
Trade,  82  Kv.  645;  6  R.  769;  Com.  v. 
Masonic  Temple  Co.,  87  Ky.  349;  8  S. 
W.  699;  Clark  v.  Louisville  Water 
Co.,  90  Ky.  515;  14  S.  W.  502;  Com. 
V.  McKibben.  90  Ky.  384;  14  S.  W. 
372;  Citv  of  Dayton  v.  Belleview  Wa- 
ter Co.,  ■'119  Ky.  714;  68  S.  W.  142. 
Act  exempting  an  orphans'  home 
from  taxation  held  to  be  valid. 
Zable  V.  Louisv'ille  Baptist  Or- 
phans' Home,  92  Ky.  89;  17  S.  W. 
212.  Statute  exempting  property  of 
the  institution  so  long  as  occupied 
fdr  the  purposes  of  its  organizations 
does  not  exempt  property  rented  out, 
although  the  rents  may  be  applied  to 
such  purposes.  Cit}"  of  Louisville  v. 
Board  of  Trade,  90  Ky.  409;  14  S.  W. 
408.  These  'cases  construed  acts 
passed  before  the  adoption  of  the 
Constitution.  Under  this  Constitution 
the  court  held  in  Citv  v.  Com.,  107 
Ky.  680;  39  S.  W.  836,  that  water 
works  erected  by  the  city  of  Coving- 


PROVISIONS  OF  STATE  CONSTITUTION. 


787 


house  of  worship,  not  exceeding  one-half  acre  in  cities  or  towns, 
and  not  exceeding  two  acres  in  the  country;  places  of  burial  not 
held  for  private  or  corporate  profit,  institutions  of  purely  public 
charity  and  institutions  of  education  not  used  or  employed  for 
gain  by  any  person  or  corporation,  and  the  income  of  which  is 
devoted  solely  to  the  cause  of  education;  public  libraries,  their 


ton,  although  exempted  from  taxa- 
tion by  special  act,  were  subject  to 
county  and  state  taxation,  deciding 
that  the  words  "public  property" 
mean  property  used  for  government- 
al purposes,  and  that  property  such 
as  water  works,  adapted  and  used  for 
profit  or  convenience  of  the  citizens 
individually  or  collectively,  was  not 
public  property,  following  the  ruling 
in' City  v.  Com.  1  Duv.  295;  to  the 
same  effect  is  Negley  v.  City,  21  E. 
1394;  55  S.  W.  554;  Board  of  Coun- 
cilmen  v.  Com.,  26  E.  957;  82  S.  W. 
1008;  but  in  Board  of  Councilmen  v. 
Com.,  29  E.  699;  94  S.  W.  648;  the 
City  v.  Com.,  19  E.  105;  39  S.  W.  836; 
and  the  cases  that  followed  it  were 
overruled  and  the  right  of  exemp- 
tion extended  to  property  used  for 
public  purposes  and  this  case  has 
been  followed  in  Com.  v.  City,  133 
Ky.  845;  119  S.  W.  161;  Com.  v.  City, 
128  Ky.  36;  107  S.  W.  231;  Eyan  v. 
Louisville,  133  Ky.  714;  118  S.  W. 
992. 

(2)  In  Trustees  of  Orphan  School 
V.  City,  100  Ky.  470;  36  S.  W. 
921,  an  orphan  school,  the  primary 
object  of  which  is  to  educate  or- 
phans, is  held  to  be  an  institution  of 
"purely  public  charity,"  although 
pay  pupils  are  admitted,  and  its  ex- 
emption includes  its  endowments,  as 
well  as  real  estate  owned  in  a  distant 
city.  In  City  of  Louisville  v.  South- 
ern Baptist  Seminary,  lOO  Ky.  506; 
36  S.  W.  905,  a  seminary  established 
for  the  purpose  of  furnishing,  free  of 
charge,  education  to  young  men  pre- 
paring for  the  ministry,  is  held  to  be 
an  institution  of  "purely  public  char- 
ity," although  its  organization  and 
management  is  under  private  and  de- 
nominational control.  And  in  the  City 
of  Louisville  v.  Board  of  Trustees, 
100  Ky.  518;  36  S.  W.  994,  it  is  held 
that  institutions  of  learning,  where 
an  education  is  furiiished  free  or  at  a 


nominal  price,  are  exempt;  and  see 
further  on  the  subject  of  exemption 
of  institutions  of  various  kinds.  Com. 
v.  Gray,  115  Ky.  665;  74  S.  W.  702; 
Louisville  College  of  Pharmacy  v. 
City,  26  E.  825;  82  S.  W.  610;  Com.  v. 
Pollitt,  25  E.  790;  76  S.  W.  412;  Mor- 
ton V.  City  of  Louisville,  118  Ky.  836; 
82  S.  W.  621;  German  Gymnastic 
Asso.  v.  Com.,  117  Ky.  958;  80  S.  W. 
201;  Com.  V.  Thomas,  119  Ky.  208- 
S3  S.  W.  572;  Com.  v.  Trustees  of 
Hamilton  College,  101  S.  W.  405;  125 
Ky.  329;  Calvary  Baptist  Church  v. 
Milliken,  148  Ky.  580;  147  S.  W.  12; 
Com.  v.  Berea  College,  149  Ky.  95; 
147   S.   W.   929. 

(3)  Cemetery  companies — ^taxation 
of.  See  Com.  v.  Lex.  Cem.  Co.,  114 
Ky.  165;  70  S.  W.  280;  Citv  v.  Com., 
136  Ky.   232;    124   S.   W.  28(6. 

(4)  Chautauqua  grounds,  the  pro- 
ceeds from  which  go  to  meet  the  ex- 
penses of  the  organization,  is  not  ex- 
empt from  taxation.  Bosworth  v.  Ky. 
Chautauqua,  112  Ky.  115;  65  S.  w! 
602. 

(5)  Christian  association — exempt. 
Com.  V.  Y.  M.  C.  A.,  116  Ky.  711;  76 
S.  W.  522.  Eestaurant  belonging  to 
Y.  M.  C.  A.  exempt  from  [layment  of 
restaurant  license  under  §  4224  Ky. 
Statutes.  Corbin  Y.  M.  C.  A.  v.  Cora- 
jnonwealth,  181  Ky.  384:  205  S  W. 
388. 

(6)  Infirmaries       and       hospitals. 

Wathen  v.  City  of  Louisville,  27  E. 
635;   85  vS.  W.  1195. 

(7)  Manufacturing  plants — exemp- 
tion of  from  taxation  only  allowable 
as  an  inducement  to  their  location, 
and  does  not  apply  to  plants  already 
established.  Citv  of  Middlesboro  v. 
New  South  B.  &' L  Co.,  108  Ky.  351; 
56  S.  W.  427;  and  see  Continental 
Tobacco  Co.  v.  City  of  Louisville,  123 
Ky.  173;  94  S.  W.  11;  Mengel  Box 
Co.  V.  City  of  Louisville,  117  Ky.  735; 
79  S.   W.   255.     See  also  Jones  Bros. 


788 


PROVISIONS  OF  STATE  CONSTITUTION. 


endowments,  and  the  income  of  such  property  as  is  used  exclu- 
sively for  their  maintenance ;  all  parsonages  or  residences  owned 
by  any  religious  society,  and  occupied  as  a  home,  and  for  no  other 
purpose,  by  the  minister  of  any  religion,  with  not  exceeding  one- 
half  acre  of  ground  in  towns  and  cities  and  two  acres  of  ground 
in  the  country  appurtenant  thereto;  household  goods  and  other 


Gastleman  &  Blakemore  v.  City  ot 
Louisville,  142  Ky.  759;  136  S.  W. 
301;  L.  &  N.  R.  R.  Co.  v.  City  of 
Louisville,  143  Ky.  258;  136  S.  W. 
611;  Louisville  Car  Wheel  &  Ey.  Sup- 
ply Co.  V.  City  of  Louisville,  1*6  Ky. 
573;  142  S.  W.  1043;  Kentuckv  Elec- 
tric Co.  V.  Buechel,  146  Ky.  660;  143 
S.  W.  58;  Victor  Cotton  Oil  Co.  v. 
City  of  Louisville,  149  Ky.  149;  148 
S.  W.  10;  City  of  Louisville  v.  N.  Y. 
Baking  Co.,  151  Ky.  758;  152  S.  "W. 
980;  Standard  Tailoring  Co.  v.  City 
of  Louisville,  152  Ky.  504;  153  S.  W. 
764;  McCormick  Lumber  Co.  v.  City, 
155  Ky.  494;  159  S.  W.  997.  And  see 
City  of  Louisville  v.  Board  of  Educa- 
tion,  1.54  Ky.  316;  157  S.  W.  379; 
holding  the  five-year  exemption  does, 
not  apply  to  the  school  tax.  Stove 
and  tin  business  is  a  manufacturing 
business  although  not  altogether  a 
factory  from  raw  material  and  is  sub- 
ject to  exemptiton.  City  of  Louis- 
ville v.  Louisville  Tin  &  Stove  Co., 
170  Ky.  557;  186  S.  W.  124. 

(8)  Masonic  Temple  property  used 
and  enjoyed  only  by  members  of  the 
Masonic  order  is  not  a  "purely  pub- 
lic charity,"  and  is  subject  to  taxa- 
tion. City  of  Newport  v.  Masonia 
Temple  Ass'n,  108  Ky.  333;  56  S.  W. 
405;  Same  v.  Same,  103  Kv.  592;  45 
S.  W.  81;  46  S.  W.  697.  Vogt  v.  City 
of  Louisville,  173  Ky.  110;  190  S.  W. 
695.  Where  old  manufacturing  plant 
is  burned  to  secure  its  being  rebuilt 
city  cannot  exempt  it  from  taxation 
under  this  section.  Elain  v.  Sales- 
bury,  Mayor,  etc.,  180  Ky.  142;  202  S. 
W.  56.  Nor  is  buying  out  an  old 
manufactory  nor  increasing  the  arti- 
cles manufactured  entitle  one  to  ex- 
emption for  five  years  under  this  sec- 
tion. Vogt  Bros.  Machine  Co.  v.  Sea, 
LSI  Ky.  327;  204  S.  W.  76. 

(9)  Municipal  and  State  property 
owned  by  and  used  exclusively  for 
municipal    purposes    is    exempt    from 


taxation.  Citv  of  Oweusboro  v.  Com., 
105  Kv.  344;"' 49  S.  W.  320;  City  v. 
Com.,  136  Ky.  232;  124  S.  W.  286; 
Rvan  V.  Citv,  133  Kv.  714;  118  S. 
W.  992;  Com.  v.  Citv^  133  Kv.  845; 
119  S.  W.  161;  Com.  v.  Sinking  Fund 
Com'r,  130  Ky.  61;  112  S.  W.  1128; 
but  this  exemption  does  not  apply 
to  assessments  made  for  street  im- 
provements; Hager  v.  Cast,  119  Ky. 
503";  84  S.  W.  556. 

(10)  Odd  Fellows'  Widows  and  Or- 
phans' Home  is  exempt.  Widows' 
and  Orphans'  Home  v.  Com.,  103  S. 
W,  354;  126  Ky.  386;  16  L.  E.  A.  (N. 
S.)   829. 

(11)  Parsonage  located  on  same 
.  loi  as  church  is  not  exempt  from  tax- 
ation when  it  is  rented,  although  the 
rent  is  paid  to  the  pastor  of  the 
church.  Broadwav  Church  v.  Com., 
112  Kv.  448;  66  S.  W.  32;  City  of 
Louisville  V.  Werne,  25  E.  2196;  80  S. 
W.  224. 

(12)  Property  exempt  from  assess- 
ment may  be  seized  and  sold  to  pay 
anv  taxes  due  by  owner.  Reams  v. 
McHargue,  111  Ky.  163;  63  S.  W.  437. 

(13)  Special  acts  exempting  prop- 
erty in  district  from  certain  kinds  of 
taxation  were  repealed  by  this  Con- 
stitution. Campbell  Co.  v.  N.  &  C. 
Bridge  Co.,  112  Kv.  659;  66  S.  W. 
526. 

(14)  An  assessor  is  not  entitled  to 
a  commission  on  property  exempt 
from  taxation.  Powers  v.  Osborn  118 
Ky.  810;  82  S.  W.  419;  Ramsey  v. 
County  Board  of  Education,  159  Ky. 
832;  Walsh  v.  Asher,  163  Ky.  377. 

(15)  Property  exempt  from  taxa- 
tion. The  water  works  of  a  city 
Com.  V.  Covington,  128  Ky.  36;  107 
S.  W.  231;  14  L.  R.  A.  (N.  S.)  1214; 
Com.  V.  Newport,  32  R.  820;  107  S. 
W.  232;  City  of  Covington  v.  Dis- 
trict, etc.,  33  R.  323;  110  S.  W.  338, 
Stocks  and  bonds  composing  a  sink- 
ing   fund     to     liquidate     city     bonds. 


PROVISIONS  OF  STATE  CONSTITUTION. 


789 


personal  property  of  a  person  with  a  family,  not  exceeding  two 
hundred  and  fifty  dollars  in  value;  crops  grown  in  the  year  in 
which  the  assessment  is  made,  and  in  the  hands  of  the  producer ; 
and  all  laws  exempting  or  commuting  property  from  taxation 
other  than  the  property  above  mentioned  shall  be  void.     The 


Com.  V.  Sinking  Fund  Commission- 
ers, 112  S.  W.  112S;  130  Ky.  61. 
Wharf  property  of  a  city  if  its  rents 
are  turned  into  the  sinking  fund. 
Com.  V.  City  of  Louisville,  134  Ky. 
4SS;  City  Hall,  Schwalk's  Admr.  v. 
Louisville,  135  Kv.  570;  122  S.  W. 
860;  25  L.  R.  A.  (X  S.)  88.  Cemetery 
and  market  of  a  city  if  revenue  i» 
used  for  their  maintenance.  Citv  of 
Paducah  v.  Com.  136  Kv.  232;"  124 
S.  W.  2S6.  Church  property.  Cal- 
vary B-iptisi  Church  v.  Millikon,  lib 
Ky.  580,  147  S.  W.  12.  New  shops. 
A  corporation  had  long  maintained 
shops  in  Louisville,  but  abandoned 
them,  and  after  disposing  of  its  ma- 
chinery, ibuilt  new  shops  in  another 
part  of  the  city.  It  was  not  entitled 
to  exemption  from  municipal  taxa- 
tion under  the  ordinance  of  1898. 
L.  &  N.  E.  E.  Co.  V.  City  of  Louis- 
ville, 143  Ky.  258;  136  S.  W.  611. 

(16)  The   Legislature  may   exempt 

from  taxation  shares  of  stock  in  a 
foreign  corporation  where  the  cor- 
poration pays  taxes  on  all  its  prop- 
ertv  in  Kentucky.  Com.  v.  Walsh's 
Trustee,  133  Ky.  103;  117  S.  W.  398; 
Com.  v.  Fidelity  Trust  Co.,  Trustee 
of  Long,  147  Ky.  77;  143  S.  W.  1037. 

(17)  This  section,  exempting  pub- 
lic property  from  taxation,  does  not 
apply  to  special  assessments.  City 
of  Mt.  Sterling  v.  Montgomery  Co., 
152  Ky.   637;    153   S.   W.  952. 

(18)  Meaning  of  a  municipality 
under  this  section.  Gleason  v. 
Weber,  155  Ky.  437;  159  S.  W.  976. 

(19)  Exemption  from  municipal 
tax  does  not  exempt  from  school  tax. 
City  V.  Board  of  Ed.,  154  Ky.  316; 
157  S.  W.  379. 

(20)  The  State  Board  of  Agricul- 
ture is  an  arm  of  the  State  and  is 
not  liable  for  the  torts  of  its  officers 
or  servants.  Zoeller  v.  State  Board 
of  Agriculture,  163  Kv.  446;  173  S. 
W.  1143. 

(21)  A    manufacturing    concern    is 


not  exempt  from  school  taxes  where 
the  Assessor  upon  demand  by  the 
Board  of  Education  and  when  the 
assessment  was  not  barred  by  the 
statute  of  limitations  refused  to  re- 
traspectively  assess  the  property  of 
such  manufacturing  establishment 
for  five  years.  The  time  during 
vvhitrh  such  officer  refused  to  act  or 
was  delayed  by  litigation  is  not  to  be 
estimated  in  the  applicaton  of  the 
statute  of  limitation.  X^orth  Vernon 
Lumber  Co.  v.  Citv  of  Louisville,  163 
Ky.  467;   173  S.  W.  1120. 

(22)  A  water  works  system  owned 
and  operated  by  a  city  for  the  bene- 
fit of  its  inhabitants  and  the  income 
from  which  is  applied  to  public  pur- 
poses is  exempt  from  taxation  al- 
though the  town  furnishes  water  to 
other  towns.  District  of  Highlands 
v.  'City  of  Covington,  164  Ky.  815; 
176  S.   W.   192. 

(23)  An  office  buUding  owned  by 
the  Methodist  Church  located  in  the 
City  of  Louisville  is  exempt  from 
taxation  where  the  entire  income 
therefrom  is  used  in  the  support  of 
a  school  owned  and  conducted  by 
the  church  when  such  an  institu- 
tion is  not  an  institution  conducted 
for  gain  where  it  charges  a  tuition 
fee  not  sufficient  to  pay  the  expenses 
of  the  school  and  does"^  not  require  a 
belief  in  the  doctrines  of  the  church 
as  a  condition  of  admission.  Com.  v. 
Board  of  "Education  of  the  M.  E. 
Church,    166  Ky.   610;    179   S.  W.    596. 

(24)  THe  mere  enlargement  of  a 
plant  used  for  manufacturing  wood- 
en boxes  and  the  installation  of  ma- 
chinery for  manufacturing  paper 
boxes  does  not  constitute  it  a  new 
manufactory  within  the  meaning  of 
the  above  section.  Mengel  Box  Co. 
v.  Sea,  167  Ky.  193;  180  S.  W.  347. 
A  planing  mill  plant  used  to  manu- 
facture lumber  for  wholesale  after- 
wards enlarged  and  converted  into 
a  plant   for  the   manufacture   of  lum- 


790 


PROVISIONS  OF  STATE  CONSTITUTION. 


General  Assembly  may  authorize  any  incorporated  city  or  town 
to  exempt  manufacturing  establishments  from  municipal  tax- 
ation, for  a  period  not  exceeding  five  years,  as  an  inducement 
to  their  location.     (See  §  3,  and  notes,  and  §  4026  Ky.  St.) 

§  171.  Taxation — classification  of  property — local  taxation — 
different  rates — referendum.  The  General  Assembly  shall  pro- 
vide by  law  an  annual  tax  which,  with  other  resources,  shall  be 
sufficient  to  defray  the  estimated  expenses  of  the  Commonwealth 
for  each  fiscal  year.  Taxes  shall  be  levied  and  collected  for  pub- 
lice  purposes  only  and  shall  be  uniform  upon  all  property  of  the 


iber  for  sale  by  retail  is  not  a  new 
manufacturing  enterprise.  McCor- 
niick  Lumber  Co.  v.  City  of  Winches- 
ter, 155   Ky.  494;   159  S.  W.  997. 

(25)  The  fact  that  a  hospital  en- 
dowed as  a  charity  receives  compen- 
sation from  some  of  the  patients  does 
not  change  its  status  as  a  purely 
public  charity.  Mason  County  v. 
Hayswood  Hospital,  167  Ky.  17;  179 
S.   W.    1050. 

(26  Where  the  executors  under  a 
will  which  created  a  charity  with- 
held the  funds  so  derived  for  several 
years  pending  litigation  over  the 
will,  the  property  during  such  period 
is  still  exempt  from  taxation.  Parr's 
Rest  construed  to  be  a  purely  public 
charitv.  Com.  v.  Parr's  Executor, 
167  Ky.  46;   179  S.   W.   1048. 

(27)  Where  the  owner  of  real 
property  receives  rent  for  the  use  of 
the  property  by  a  religious  society 
as  a  place  of  worship,  it  is  not  ex- 
empt from  taxation  as  a  place  ac- 
tually used  for  religious  worship. 
Funds  acquired  by  a  religious  society 
from  the  sale  of  a  place  actually 
used  for  religious  worship  for  the 
purpose  of  providing  another  such 
place  and  which  is  so  used,  are  not 
subject  to  taxation  while  being  used. 
Com.  V.  First  Christian  Church, 
Same  v.  Starks,  169  Ky.  410;  184  S. 
W.  875.  Because  act  under  which  road 
bonds  are  issued  untlertakes  to  re- 
lieve them  from  taxation  this  does  not 
invalidate  the  bonds.  Walsh  v.  Asher, 
Judge,  163  Ky.  377;  173  S.  W.  808. 

§  171.  Before  the  above  revision, 
Section  171  read  as  follows: 

"The  General  Assembly  shall  pro- 
vide    by    law    an    annual    tax,    which, 


with  other  resources,  shall  be  suffi- 
cient to  defray  the  estimated  ex- 
penses of  the  Commonwealth  for 
each  iiscal  year.  Taxes  shall  be 
levied  and  collected  for  public  pur- 
poses only.  They  shall  be  uniform 
upon  all  property  subject  to  taxa- 
tion within  the  territiorial  limits  of 
the  authority  levying  the  tax;  and 
all  taxes  shall  be  levied  and  collected 
by   general  laws." 

(The  following  cases  were  decided 
under    the    old    section    just    quoted:) 

(1)  Construction  and  effect  of 
section.  Sections  4105-4114  of  the 
K3'.  Stat.,  providing  a  special  mode 
for  the  assessments  of  distilled  spir- 
its, are  not  in  violation  of  this  sec- 
tion, as  the  property  is  taxed  in  pro- 
portion to  its  value.  Com.  v.  Taylor, 
19  R.  552;  101  Ky.  325;  41  S.  W.  11. 

It  is  competent  for  the  Legisla- 
ture to  authorize  the  tax-collecting 
agency  to  allow  discounts  for  re- 
bate to  the  taxi)ayer  as  an  induce- 
ment for  him  to  pay  his  taxes  be- 
fore they  become  due  where  this 
])rivilege  is  extended  to  all.  Board  of 
Education  v.  Sea,  167  Ky.  772;  181 
S.  W.  670.  Tax  imposed  "by  Statute 
on  city  for  part  of  expenses  of  Juve- 
nile Court,  the  other  part  being  paid 
l)y  the  County,  is  not  uniform  on  all 
property  and  is  void.  (Ky.  Statutes 
331,  and  subsection  21).  Campbell  Co. 
V.  City  of  Newport,  174  Ky.  712;  193 
8     W.    1. 

(2)  All  real  property  within  the 
limits  of  a  city  must  be  taxed  the 
same  as  other  property  situated  in 
the  city,  regardless  of  any  ques- 
tion of  benefits  or  protection  from 
the     city     government.       Board      of 


PROVISIONS  OF  STATE  CONSTITUTION. 


791 


same  class  subject  to  taxation  within  the  territorial  limits  of  the 
authority  levying  the  tax;  and  all  taxes  shall  be  levied  and  col- 
lected by  general  laws.  The  General  Assembly  shall  have  power 
to  divide  property  into  classes  and  to  determine  what  class  or 
classes  of  property  shall  be  subject  to  local  taxation.  Bonds  of 
the  State  and  of  counties,  municipalities,  taxing  and  school  dis-| 
tricts  shall  not  be  subject  to  taxation.  Any  law  passed  or  enacted 
by  the  General  Assembly  pursuant  to  the  provisions  of  or  under 
this  amendment  or  amended  section  of  the  Constitution,  classi- 
fying property  and  providing  a  lower  rate  of  taxation  on  per- 
sonal property,  tangible  or  intangible,  than  upon  real  estate, 
shall  be  subject  to  the  referendum  power  of  the  people,  w^hich 
is  hereby  declared  to  exist  to  apply  only  to  this  section  or  amend- 
ed section.  The  referendum  may  be  demanded  by  the  people 
against  one  or  more  items,  sections  or  parts  of  any  Act  enacted 


Council  V.  Scott,  19  R.  1068;  101  Kv. 
615;  42  S.  W.  104;  Board  of  Coun- 
cil V.  Rarick,  19  R.  1415;  102  Ky.  352; 
43  S.  W.  450.  And  see  Pence  v. 
City,  19  R.  721;  101  Ky.  534;  41  S. 
W.  1011;  Briggs  v.  Town  of  Russell- 
ville,  99  Kv.  515;  18  R.  389;  36  S.  W. 
558;  L.  &'n.  R.  R.  Co.  v.  City,  105 
Ky.  174;  20  R.  1105;  48  S.  W.  985; 
Hughes  V.  Carl,  106  Ky.  533;  21  R. 
7;  50  S.  W.  852;  ^Lou.  Bridge  Co.  v. 
City,  22  R.  703;  58  S.  W.  59S. 

(3)  Bank  tax  cases.  Citizens  Bank 
V.  City,  19  R.  247;  39  S.  W.  1116; 
Deposit  Bank  v.  Daviess  Co.,  19  R. 
248;  102  Ky.  174;  39  S.  W.  1030 
(overruling  bank  tax  cases  in  97  Ky. 
590;  17  R.  465;  31  S.  W.  1013;  and 
Franklin  Co.  v.  Deposit  Bank,  87  Kv. 
370;  9  S.  W.  212;  10  R.  506);  Hen- 
derson Bank  v.  City,  39  S.  W.  1030, 
19  R.  728;  and  see  Ky.  Stat.,  sec. 
4092  and  notes;  Com.  v.  Bank  of 
Commerce,  118  Ky.  547;  818  S.  W. 
679.  Tax  assessmentts  must  be  uni- 
form. Where  property  generally  is 
assessed  at  60%  on  particular  owner 
eannot  be  assessed  at  100%.  Eminence 
Distillery  Co.  v.  Henry  Countv,  etc., 
178  Ky.  811;   200   S.  W.   347. 

(4)  A  license  or  franchise  tax  can 

not  be  substituted  by  a  city  for  an 
ad-valorem  tax,  but  may  be  imposed 
in  addition  to  the  ad-valorem  tax. 
Levi  v.  City,  97  Ky.  394;  16  R.  872;  30 


S.  W.  973;  but  see  amendment  to 
sec.  181;  and  Schuster  v.  City  of  Lou- 
isville, 124  Ky.  189;  28  R.  588;  89  S. 
W.  689;  German  Washington  Ins. 
Co.  V.  City,  117  Ky.  593;  25  R.  1697; 
78  S.  W.  472. 

(5)  Declaratory  of  the  old  law. 
While  this  provision  was  not  in  the 
former  Constitution,  it  is  but  declar- 
atory of  what  has  always  been  the 
law  of  taxation  in  this  State.  Holtz- 
hauer  v.  Citv  of  Newport,  94  Ky.  396; 
15  R.   188;   22  S.  W.  752. 

(6)  License  taxes — must  be  uni- 
form but  they  may  be  graded  ac 
cording  to  volume  of  business  done 
or  classified.  Hager  v.  Walner,  125 
Ky.  1;  32  R.  748;  107  S.  W.  254; 
Brown-Foreman  Co.  v.  Com.,  125  Ky. 
402;  30  R.  793;  101  S.  W.  321; 
Schuster  v.  City  of  Louisville,  124 
Ky.  189;  28  R.'588;  89  S.  W.  689; 
and  see  Strater  Bros.  v.  Com.,  117 
Ky.  604;  25  R.  1717;  78  S.  W.  871; 
Weyman  v.  Citv,  153  Ky.  487;  156 
S.  W.  109;  Western  &  S.  Life  Ins. 
Co.  V.  Com.,  133  Kv.  292;  117  S.  W. 
376;  City  v.  Sagalowski,  136  Ky.  324; 
124  S.  W.  339.  Grocery  store  paying 
general  license  for  carrying  all  kinds 
of  provisions  cannot  be  charged  ad- 
ditional license  for  carrying  milk. 
Citv  of  Newport  v.  French  Bros,  etc., 
169  Ky.  174;  183  S.  W.  532.  Ky. 
Statute  ^  637  imposing  license  tax  on 


792 


PROVISIONS  OF  STATE  CONSTITUTION. 


pursuant  to  or  under  the  power  granted  by  this  amendment,  or 
amended  section.  The  referendum  petition  shall  be  filed  with 
the  Secretary  of  State,  not  more  than  four  months  after  the 
final  judgment  of  the  Legislative  Assembly  which  passed  the 
bill  on  which  the  referendum  is  demanded.  The  veto  power  of 
the  Governor  shall  not  extend  to  measures  referred  to  the  peo- 
ple under  this  section.  All  elections  on  measures  referred  to 
the  people  under  this  Act  shall  be  at  the  regular  general  elec- 
tions, except  when  the  Legislative  Assembly  shall  order  a  special 
election.  Any  measure  referred  to  the  people  shall  take  effect 
and  become  a  law  when  approved  by  the  majority  of  the  votes 
cast  thereon,  and  not  otherwise.  The  whole  number  of  votes 
cast  for  the  candidates  for  Governor  at  the  regular  election  last 


foreign  insurance  companies  does  not 
violate  the  requirements  of  uniformi- 
ty provided  by  this  section.  Clay  v. 
Dixie  Fire  Insurance  Co.,  168  Ky.  315; 
181   S.   W.   1123. 

(7)  Sprinkling  streets  is  a  public 
purpose  and  tax  may  be  levied  in 
aid  of  it.  Maydwell  v.  City  of  Louis- 
ville, 116  Ky.  885;  25  E.  1062;  76 
S    AV.   1091. 

(8)  State  Board  of  Equalization. 
Equality  'ind  uniformity  are  essential 
to  the  constitutionality  of  taxation, 
and  the  State  Board  is  designed  to 
accomplish  this.  Spaldiny  v.  Hill, 
86  Ky.  656;  9  E.  852;  7  S.  W.  27; 
and  see  Lou.  E.  W.  Co.  v.  Com.,  105 
Ky.  710;  20  E.  1509;  49  S.  W.  486; 
Ray  V.  Armstrong,  140  Ky.  800;  131 
S.  W.  1039. 

(9)  Taxation  of  cars  used  and 
owned  by  private  corporations  and  em- 
ployed in  transportation  of  prop- 
erty. Com.  V.  Union  Eefrigerator 
Co.,  118  Ky.  131;  26  E.  23;  80  S.  "W. 
490.    But  see  199  S.  W.  194. 

(10)  Taxation  must  be  uniform  on 
all  property  in  district  levying  tax. 
Carpenter  v.  Central  Co  v.,  26  R.  430; 
81  S.   W.   919. 

(11)  Intangible  property  —  situs 
— taxation  of.  Citv  v.  Barret,  152 
Ky.  648;  153  S.  W.  992;  Com.  v.  Sou- 
thern Pacific  Co.,  150  Ky.  97;  149  S. 
W.  1105;  Com.  v.  West  India  Co., 
138  Kv.  828;  129  S.  W.  301;  Com.  v. 
N.  W*  M.itual  Life  Ins.  Co.,  32  R. 
796;  107  S.  W.  233. 


(12)  Double  Taxation — Com.  v. 
Walsh,  Trustee,  133  Ky.  103;  117  S. 
W,  398. 

(13)  Inlieritance  tax.  Booth  v. 
Com.,  130  Ky.  88;  113  S.  AV.  61. 

(14)  Cities  may  be  classified  and 
different  rate  qi  tax  levied  in  each 
class.  City  v.  Com.,  130  Ky.  488; 
121  S.  W.  411. 

(15)  Classification     of     property. 

Hagar  v.  Walker,  128  Ky.  1;  107  S. 
W.  254;  Metropolitan  Life  Ins.  v. 
City,  138  Ky.  801;  129  S.  W.  112. 

(16)  Repeals.  This  section  does 
not  repeal  a  local  act  previously 
passed  providing  for  the  levy  and 
collection  of  taxes  for  a  sp^ecial  pur- 
pose. O'Mahoney  v.  Bullock,  97  Ky. 
774;   31  S.  W.  878. 

This  section  repealed  the  exemp- 
tion from  taxation  of  insurance  com- 
panies under  the  Act  of  May  8,  1886. 
Ger.  Nat'l  Ins.  Co.  v.  Citv,  21  R. 
11.79;   54  S.  W.  732. 

(17)  A  Statute  imposing  a  tax  on 
the  franchise  of  corporations  having 
a  special  or  exclusive  franchise  is 
not  unconstitutional  because  it  does 
not  impose  a  tax  on  other  corpora- 
tions. Louisville  Tobacco  Ware- 
Shouse  Co.  V.  Com.,  106  Kv.  165;  49 
S.   W.    1069. 

(18)  Farming  lands  within  the 
body  of  a  town  are  subject  to  taxa- 
tion by  the  town.  Town  of  Central 
Covington  v.  Park,  21  E.  1847;  56  S. 
AV.  650. 


PROVISIONS  OF  STATE  CONSTITUTION. 


793 


preceding  the  filing  of  any  petition  shall  be  the  basis  upon  which 
the  legal  voters  necessary  to  sign  such  petition  shall  be  counted. 
The  power  of  the  referendum  shall  be  ordered  by  the  Legislative 
Assembly  at  any  time  any  acts  or  bills  are  enacted,  pursuant  to 
the  power  granted  under  this  section  or  amended  section,  prior 
to  the  year  of  one  thousand  nine  hundred  and  seventeen.  After 
that  time,  the  power  of  the  referendum  may  be  ordered  either 
by  the  petition  signed  by  five  per  cent  of  the  legal  voters  or  by 
the  Legislative  Assembly  at  the  time  said  acts  or  bills  are  en- 
acted.    The  General  Assembly  enacting  the  bill  shall  provide  a 


(19)  An  act  creating  a  turnpike 
district  and  providing  for  the  build- 
ing of  a  turnpike  road  by  taxation 
from  which  parts  of  the  county  out- 
side the  district  are  exempted,  is 
constitutional.  Devon  v.  Boske,  23 
K.   364;   63   S.  W.  44. 

(20)  Property  of  a  water  company 
all  the  stock  of  which  is  held  by  a 
city  is  subject  to  taxation  bv  tho 
city.  Citv  V.  McAreer,  26  K.  425;  81 
S.  W.  698;  City  v.  Lou.  Wa^e.-  Co., 
26  R.  425;  81  S.  W.  698. 

(21)  The  failure  of  a  sheriff  to  levy 
on  personalty  of  a  land  owner  to  col- 
lf~(.t  taxes  against  hJs  land  does  not 
render  the  sale  of  land  void.  Alexan- 
der V.  Aud,  121  Ky.  105;  88  S.  W. 
1103. 

(22)  A  city  ordinance  imposing  a 
license  fee  on  the  business  of  hand- 
ling for  pay  telephone  messages  and 
selling  railroad  tickets  by  corpora- 
tions which  have  paid  a  franchise  tax 
covering  the  same  privilege,  is  void. 
Cum.  Tel.  &  Tel.  Co.  v.  Hopkins,  121 
Ky.  850;  90  S.  W.  594. 

(23)  A  foreign  corporation  which 
simply  holds  the  shares  of  a  domestic 
corporation  is  not  taxable.  Com.  v. 
Ledman,  127  Ky.  603;   106  S.  W.  247. 

(24)  A  statute  providing  for  for- 
feiture to  the  Commonwealth  of 
titles  by  proper  procedure  for  failure 
to  list  for  taxation  and  to  pay  taxes, 
is  not  void  because  of  further  pro- 
viding that  in  certain  states  of  case 
the  title  so  forfeited  shall  vest  in  the 
persons  so  holding  the  land  adversely 
or  that  out  of  sales  of  the  title  cer- 
tain officer?  shall  be  paid  fees.  East- 
ern Ky.  Coal  Lands  Corp.  v.  Com., 
127  Ky.  667;  106  S.  W.  260. 


(25)  An  occupation  tax  need  not 
be  levied  on  all  occupations;  but 
such  a  tax  on  real  estate  agents  is 
void  if  it  varies  according  to  the 
class  of  the  citj^  in  which  such  agent 
resides.  Hager  v.  Walker,  128  Kv.  1; 
107  S.  W.  254. 

(26)  An  Act  providing  for  a  tax 
on  dogs  to  create  a  fund  for  the  re- 
muneration of  owners  of  sheep  killed 
by  dogs  is  a  police  regulation,  and 
is  not  void  as  a  levy  for  other  than 
public  purposes.  McGlone  v.  Womaek, 
129  Ky.  274;   111  S.  W.  688. 

(27)  A  retaliatory  tax  on  an  in- 
surance company  of  another  State 
was  held  void.  Western  &  Southern 
Life  Ins.  Co.  v.  Com.,  133  Ky.  292; 
117  S.  W.  376. 

(28)  A  statute  providing  that  an 
assessment  for  city  taxes  shall  be 
made  once  every  four  years  is  not 
in  conflict  with  this  section  nor  §  172 
of  the  Constitution.  Wiorton  v.  Citv 
of  Paducah,  123  Ky.  44;  93  S.  W.  617. 

(29)  The  provisions  of  Ky.  Stat. 
4268-4281,  inclusive,  in  reference  to 
a  Board  of  Equalization,  are  not  in- 
consistent with  this  section  of  the 
Constitution.  Eav  v.  Armstrong,  140 
Ky.    800;    131   S.   W.   1039. 

(30)  The  assessment  of  property 
made  for  State  and  coimty  purposes 
is  the  basis  for  taxation  for  graded 
school  purposes  where  a  graded  school 
district  embraces  a  city  and  territory 
outside  the  same.  Trustees  of  Prince- 
ton Graded  Common  School  v.  Stone, 
143  Ky.  495;   136  S.  W.  894. 

(31)  Securities  deposited  by  a  life 
insurance  company  under  Ky.  Stat. 
648  and  648a  with  the  State  treasury 
for  the  benefit   and  protection  of  its 


794 


PROVISIONS  OF  STATE  CONSTITUTION. 


way  by  which  the  act  shall  be  submitted  to  the  people.  The 
filing  of  a  referendum  petition  against  one  or  more  items,  sec- 
tions or  parts  of  an  Act  shall  not  delay  the  remainder  of  that 
Act  from  becoming  operative, 

{The  above  revision  of  Section  171  of  the  Constitution  luas 
proposed  by  the  Legislature  in  1914  and  ratified  by  the  people  in 
1915.) 

§  179.  County  or  municipality  not  to  become  stockholder  in 
corpoi-ation  or  lend  its  credit — exceptions.  The  General  Assem- 
bly shall  not  authorize  any  county  or  subdivision  thereof,  city, 
town,  or  incorporated  district,  to  become  a  stockholder  in  any 
company,  association  or  corporation,  or  to  obtain  or  appropriate 
money  for,  or  to  loan  its  credit  to  any  corporation,  association  or 
individual,  except  for  the  purpose  of  constructing  or  maintain- 
ing bridges,  turnpike  roads,  or  gravel  roads :  Provided,  If  any 
municipal  corporation  shall  offer  to  the  Commonwealth  any 
property  or  money  for  locating  or  building  a  capital,  and  the 
Commonwealth  accepts  such  offer,  the  corporation  may  comply 
with  the  offer. 


policy  holders  are  property  owned  by 
it  and  subject  to  taxation  against  it. 
Com.  Life  Ins.  Co.  v.  City  of  Louis- 
ville, 145  Ky.  284;  140  S.  W.  306. 

(32)  The  rule  of  uniformity  does 
not  require  that  municipalities  must 
impose  license  taxes  upon  all  trades, 
occupations  and  businesses,  if  they 
impose  a  license  tax  upon  any.  Wey- 
man  v.  City  of  Newport,  153  Kv.  487; 
156   S.   W.    109. 

(33)  An  appropriation  may  be 
made  by  the  Legislature  in  anticipa- 
tion of  the  receipt  of  the  yearly 
revenue.  It  is  the  duty  of  the  State 
Treasurer  to  pay  outstanding  war- 
rants in  the  order  in  which  they  were 
issued  and  as  the  money  available 
for  the  purpose  reaches  the  treas- 
urer. Ehea  v.  Newman,  153  Kv.  604; 
156   S.   W.   154. 

(34)  The  act  granting  a  pension 
to  Confederate  soldiers  and  their 
widows  is  not  unconstitutional.  Bos- 
worth  V.  Harp,  154  Ky.  559;  157  S. 
W.  1084. 

(35)  Proposed  amendment  to  this 
section  held  not  to  be  ratified  because 
not   puljlished  for  ninety   days  before 


vote   taken.     McCreary,   Governor,   v. 
Spear,  156  Ky.  783;  162  S.  W.  99. 

(36)  This  section  provides  only  sub- 
stantial source  of  revenue.  Defects 
and  failures  in  revenue  can  only  be 
secured  by  borrowing  money  under 
Sections  49  and  50.  Stanley  v.  Town- 
send,  170  Ky.  833;  186  S.  W.  941. 

(37)  Local  assessments  for  local 
improvement  is  not  a  tax  rec|uiring 
uniformitv  under  this  section.  Vogt 
V.  City  of  Oakdale,  166  Ky.  810;  179 
S.  W.  1037. 

§  179.  (1)  Construction  of  section. 
City  of  Lexington  authorized  by  See. 
3058  Ky.  St.  to  donate  monej'  to 
erect  State  Houses  of  Reform.  Board 
of  Trustees  v.  City,  112  Kv.  171;;  65 
S.   W.   350. 

(2)  Purchase  of  turnpike  by  coun- 
ty is  not  a  violation  of  this  section. 
M.  &  L.  T.  P.  Co.  V.  Wiggins,  104  Ky. 
.540;    47   S.   W.   434. 

(3)  Subscription  to  stock  in  rail- 
road by  county  is  prohibited  by  this 
section.  "Whitnev  v.  Ky.  Midland  E. 
Co.,   110  Ky.  955;   63  S.  W.  24. 

(4)  Ky.  St.  963c,  regulating  circuit 
courts     in     certain     counties     upheld. 


PROVISIONS  OF  STATE  CONSTITUTION. 


795 


§  180.  Poll  tax — limit  of — What  law  or  ordinance  levying  tax 
shall  specify.  The  General  Assembly  may  authorize  the  coun- 
ties, cities  or  towns  to  levy  a  poll  tax  not  exceeding  one  dollar 
and  fifty  cents  per  head.  Every  act  enacted  by  the  General 
Assembly,  and  every  ordinance  and  resolution  passed  by  any 
county,  city,  town  or  municipal  board  or  local  legislative  body, 
levying  a  tax,  shall  specify  distinctly  the  purpose  for  which  said 
tax  is  levied,  and  no  tax  levied  and  collected  for  one  purpose 
shall  ever  be  devoted  to  another  purpose. 


Johusou   V.    Citv   of   Fulton,    121   Ky. 
594;   89  S.  W.  672. 

(5)  A  public  library  is  not  a  pri- 
vate corporation  under  this  section. 
Lambert,  Mavor,  v.  Board,  151  Ky. 
725;    152   S.   W.   802. 

§180.  (1)  Fiscal  Court  —  Order 
levying  tax  must  specify  purpose. 
Com.  V.  U.  S.  F.  &  G.  Co.,  121  Ky. 
409;  28  E.  362;  89  S.  W.  251;  Pulaski 
Co.  V.  Watson,  106  Ky.  500;  50  S.  W. 
861;  Cahil  v.  Perrine.  105  Kv.  531; 
49  S.  W.  344. 

(2)  Graded  school — tax  levied  for 
benefit  of  by  Board  of  Education  or 
Trustees,  must  specify  iiurpose  of 
tax.  U.  S.  F.  &  G.  Co.  v.  Board  of 
Education,  118  Kv.  855;  80  S.  W. 
1191. 

(3)  License  fee — is  not  a  tax  with- 
in meanino-  of  this  section.  Shugars 
V.  Hamilton,  122  Ky.  606;  92  S.  W. 
564;  Brown-Forman  Co.  v.  Com.,  125 
Ky.  402;   101  S.  W.  321. 

(4)  Ordinance  levying  tax  must 
specify  purpose.  Citv  v.  Somerset 
Bkg.  Co.,  22  R.  1129;  60  S.  W.  5; 
Burch  V.  Citv,  18  E.  284;  36  S.  W. 
12;  Town  v. 'Eversole,  29  R.  830;  96 
S.  W.  478;  Citv  of  Louisville  v.  But- 
ton, 26  R.  606;"  82  S.  W.  293;  C.  &  O. 
&  S.  W.  E.  Co.  V.  Com.,  129  Ky.  318; 
111  S.  W.  334;  Tyson  v.  Board  of 
Trustees,  129  S.  W.  820;  139  Ky.  256; 
Hillman  Land  &  Iron  Co.  v.  Com., 
148  Ky.  331;  Com.  v.  C.  O.  &  S.  W. 
E.  Co.',  141  Kv.  633;  133  S.  W^  559; 
Streine  v.  Com'rs.,  149  Kv.  641;  149 
S.  W.  928. 

(5)  Poll  tax  levied  for  county 
purposes  may  be  collected  from  the 
citizens  of  a  town  that  has  also  a 
poll  tax  for  municipal  purposes. 
Short  V.  Bartlett,  114  Ky.   143;   70  S. 


W.  283;   Mclntvre  v.  Powell,  137  Ky. 
477;   125  S.  W.   1087. 

(6)  Surplus  taxes  collected  by  a 
county,  when  the  purpose  for  which 
the  tax  was  collected  has  been  ac- 
complished, become  a  part  of  the 
general  fund  of  the  county  available 
for  countv  purposes.  Field  v. 
Stroube,  103  Ky.  114;  44  S.  W.  363. 
Where  the  collection  of  the  tax  due 
by  a  taxpayer  to  pay  bonds  is  de- 
layed until  the  bonds  are  paid,  he 
can  be  required  the  pay  the  tax  that 
he  should  have  paid.  Wathen  v. 
Young,  103  Ky.  36;  44  S.  W.  115. 

(7)  Tax  levied  for  school  pur- 
poses cannot  be  used  to  establish  a 
free  librarv.  Board  of  Education  a-. 
Board  of  Trustees,  113  Ky.  234;  68  .S. 
W.  10;  Board  of  Trustees  v.  Board  of 
Education,  25  E.  341;  75  S.  W.  225. 
Under  $  180  of  the  Constitution  and 
§  3545  and  §  3595  Ky.  Statutes  com- 
missions must  be  paid  by  the  city 
out  of  its  own  funds  and  cannot  be 
deducted  from  taxes  collected  for 
school  purposes.  City  of  Winchester 
V.  Board  of  Education,  etc.,  182  Ky. 
313;    206   S.   W.   492. 

(8)  Taxing  district — levying  tax 
must  specifv  purjioses.  Carpenter  v. 
Town  of  Central  Cov.,  119  Ky.  785; 
81   S.   W.   919. 

(9)  For  further  cases  construing 
this  section,  see  Cooper  v.  Wait,  106 
Ky.  628;  City  of  Cvnthiana  v.  Board 
of  Education,  21  E.'731;  City  of  Som- 
erset V.  Somerset  Banking  Co.,  109 
Kv.  549;  Whalev  v.  Com.,  110  Ky. 
154;  Ratliff,  Sheriff,  v.  Com.,  110  Ky. 
154;  Hager  v.  Walker,  128  Ky.  1;  C. 
O.  &  S.  W.  Ry.  Co.  V.  Com.,  129  Ky. 
318;  Lawrence  Countv  v.  Lawrence 
Fiscal    Court,    130    Ky!    587;    Western 


796 


PROVISIONS  OF  STATE  CONSTITUTION. 


§  181.  Legislatuie  to  confer  power  to  levy  taxes — license  fees 
and  other  taxes.  The  General  Assembly  shall  not  impose  taxes 
for  the  purposes  of  any  county,  city,  town  or  other  municipal 
corporation,  but  may,  by  general  laws,  confer  on  the  proper 
autTiorities  thereof,  respectively,  the  power  to  assess  and  collect 
such  taxes.  The  General  Assembly  may,  by  general  laws  only, 
provide  for  the  payment  of  license  fees  on  franchises,  stock  used 


&  Southern  Life  Ins.  Co.  v.  Com., 
L3.3  Ky.  292;  117  S.  W.  376;  Hill  v. 
County  Board,  140  Ky.  259;  130  S. 
W.  1100;  Lambert,  Mayor,  y.  Board, 
151  Kv.  725;  152  S.  W.^802;  Southern 
Bitulithic  Co.  V.  DeTreyille,  156  Ky. 
513;  Christopher  v.  Eobinson,  164  Kv. 
262;  Mitchell  v.  Knox  County  Fiscal 
Court,   165  Ky.   543. 

(10)  A  discount  allowed  by  Char- 
ter of  the  City  of  Louisville  for  the 
payment  of  schoo'l  taxes  before  they 
are  due  is  not  a  devotion  of  a  part 
of  the  levy  to  another  purpose  than 
the  one  for  which  it  was  levied. 
Board  of  Education  v.  Sea,  167  Ky. 
772;    181   S.   W.   670. 

(11)  Power  of  municipality  to  im- 
pose a  license  tax  upon  vendors  of 
milk  coming  from  another  State  con- 
strued and  upheld.  City  of  Newport 
V.  French  Bros.,  169  Kv.  174;  183 
S.  W.  532. 

(12)  §  6372  Ky.  Stat.,  regulating 
penalties,  etc.,  imposed  upon  in- 
surance companies  in  other  States 
greater  than  those  imposed  under 
the  laws  of  this  State  does  not  vio- 
late the  above  section.  Clay,  Insur- 
ance Commissioner,  v.  Dixie  Fire  Ins. 
Co.,  168  Ky.  315,  183  S.  W.  529. 

(13)  Board  of  Education— suffi- 
ciency of  levy  by.  Shanklin  v.  Bovd, 
146  Ky.  460;'  142  S.  W.  1041. 

(14)  The  limitations  in  this  section 
do  not  apply  to  taxation  for  school 
purposes.  Christopher  v.  Robinson, 
Sheriff,  164  Ky.  262;  175  S.  W.  387. 

§  181.  (1)  Double  taxation — when 
imposition  of  license  tax  is.  Stand- 
ard Oil  Co.  v.  Com.,  119  Ky.  75;  82 
S.  W.  1020;  and  see  City  of  Louis- 
ville V.  Louisville  R.  W.  Co.,  118  Ky. 
534;  81  S.  W.  701;  Cumberland  Tel. 
Co.  V.  Hopkins,  121  Kv.  850;  90  S.  W. 
594. 


(2)  Legislature  cannot  impose 
taxes  on  municipalities  for  purely 
local  concerns,  but  may  authorize 
them  to  impose  such  taxes.  McDon- 
ald V.  City,  113  Ky.  425;  68  S.  W. 
413. 

(3)  License  tax  may  be  imposed  by 
cities  upon  professions  and  occupa- 
tions. Elliott  V.  City  of  Louisville, 
101  Kv.  262;  40  S.  W.  690;  Burch  v. 
City  of  Owensboro,  18  E.  284;  36  S. 
W.  12;  Hall  v.  Com.,  101  Kv.  382;  41 
S.  W.  2;  Baker  v.  Citv,  21  R.  809; 
Fidelity  Trust  Co.  v.  Citv,  106  Ky. 
207;  .50  S.  W.  35;  Citv  of  Covington 
y.  Herzog,  116  Ky.  7"25;  76  S.  W.  538; 
Southern  B.  &  L.  Ass'n  v.  Normao, 
98  Ky.  294;  32  S.  W.  952.  A  druggist 
may  be  required  to  pay  a  license  to 
sell  liquor  as  a  medicine.  Com.  v. 
Fowler,  96  Ky.  166;  28  S.  W.  786; 
and  an  ordinance  imposing  a  tax 
upon  vehicles  let  for  hire  is  valid. 
Citv  of  Covington  v.  Woods,  98  Ky. 
344;  33  S.  W.  84;  Wilson  v.  City,  20 
R.  1593,  1980;  49  S.  W.  806;  50  S.  W. 
834;  105  Ky.  765;  but  a  license  tax 
cannot  be  imposed  as  a  substitute 
for  an  ad  valorem  tax,  but  may  be 
levied  as  an  addition  to  it.  Levi  v. 
City  of  Louisville,  97  Ky.  394;  30  S. 
W.  973;  but  see  amendment  to  this 
section.  License  fees  imposed  on 
lawyers  upheld.  Baker  v.  City  of 
Lexington,  21  R.  809;  53  S.  \Y.  16,  but 
a  license  on  grocers  who  use  delivery 
wagons  but  not  on  other  grocers  was 
held  void.  City  of  Covington  v.  Dal- 
heim,  126  Ky.  26;  102  S.  W.  829.  But 
the  Legislature  may  authorize  cities 
to  divide  trades,  etc.,  into  different 
classes  for  the  purpose  of  imposing 
different  license  fees.  Met.  Life  Ins. 
Co.  V.  City  of  Paris,  129  S.  W.  112; 
138  Ky.  801.  It  will  be  presumed  that 
proper  ordinance  was  passed  to  im- 
pose tax  for  which  suit  is  brought  to 


PROVISIONS  OF  STATE  CONSTITUTION. 


797 


for  breeding  purposes,  the  various  trades,  occupations  and  pro- 
fessions, or  a  special  or  excise  tax;  and  may,  by  general  laws, 
delegate  the  power  to  counties,  towns,  cities,  and  other  municipal 
corporations,  to  impose  and  collect  license  fees  on  stock  used 
for  breeding  purposes,  on  franchises,  trades,  occupations  and 
professions. 

§  181a.  Taxation  by  cities  and  towns  in  lieu  of  ad  valorem 
tax-exceptions.  The  General  Assembly  shall  not  impose  taxes 
for  the  purposes  of  any  county,  city,  town  or  other  municipal 
corporation,  but  may,  by  general  laws,  confer  on  the  proper 


recover  tax  provided  for  in  this  sec- 
tion where  contrary  is  not  stated. 
City  of  Newport  v.  French  Bros.,  169 
Ky.   174;   183  S.  W.  532, 

(4)  Peddlers — license  tax  may  be 
imposed  upon  cities.  West  v.  Citv, 
23  K.  16T0;  65  S.  W.  120;  City  of 
Carlisle  v.  Heckinger,  103  Kv.  '381; 
45  S.  W.  358;  Crosdale  v.  City,  21  E. 
36;  50  S.  W.  977. 

(5)  Substitution  of  license  tax  for 
ad  valorem  as  authorized  by  amend- 
ment to  this  section.  See  Schuster  v. 
City  of  Louisville,  124  Ky.  189;  89  S. 
W.  689;  Wiemer  v.  Com 'rs  Sinking 
Fund,  99  S.  W.  242;   124  Ky.  377. 

(6)  Trades,  occupations  and  busi- 
ness may  be  taxed,  but  tax  must  be 
uniform.  Brown-Forman  Co.  v.  Com., 
125  Ky.  402;  101  S.  W.  321;  Strater 
Bros.  Tobacco  Co.  v.  Com.,  117  Kv. 
604;  78  S.  W.  871;  Hager  v.  WalkeV, 
128  Ky.  1;  107  S.  W.  254;  15  Lr.  E. 
A.  (N.  S.)  195.  See  also  Wevman 
V.  City  of  Newport,  153  Ky.  487";  156 
S.  W.  109;  Com.  v.  Payne  Medicine 
Co.,  138  Kv.  164;  127  S.  W.  761;  Gor- 
don V.  City,  138  Ky.  442;  128  S.  W. 
327;  E.  J.  Eevnolds  Co.  v.  Citv  of 
Lexington,  18f  Ky.  503;  205  S.  W. 
592. 

(7)  The  Legislature  may  provide 
by  general  law  for  the  valuation  of  a 
franchise  by  a  State  Board.  South 
Covington,  etc.,  Ev.  Co.  v.  Bellevue, 
105  Ky.  283,  472;"  49  S.  W.  23;  Pa- 
ducah  St.  Bv.  Co.  v.  McCracken 
County,  105  Ky.  472;  49  S.  W.  178; 
Paducah  Gaslight  Co.  v.  McCracken 
County,  104  Ky.  472;  49  S.  W.  178; 
Western  &  Southern  L.  Ins.  Co.  v. 
Com.,  133  Ky.  292;  IIT  S.  W.  376. 
Ky.    Sts.    4241    taxing    shares    in    na- 


tional banks  upheld.  Com.  v.  Citi- 
zens Nat'l  Bank,  117  Ky.  846;  80  S. 
W.  158.  The  inheritance  tax  law 
lield  not  void  for  lack  of  uniformitv. 
Booth's  Ex'r  v.  Com.,  130  Ky.  88;  lls 
S.  W".  61.  The  General  Assembly  may 
by  statute  fix  a  minimum  school 
tax  for  a  citv.  City  of  Louisville  v. 
Com.,  134  Kv.  488;  121  S.  W.  411. 
See  also  Hager  v.  Walker,  128  Ky.  1; 
Shugars  v.  Hamilton,  122  Ky.  606; 
City  of  Louisville  v.  Sagalowski,  136 
Ky.  324;  124  S.  W.  339;  Com.  v. 
L.  &  N.  E.  E.  Co.,  149  Ky.  829;  150 
S.  W.  37;  Kenton  Water  Co.  v.  City 
of  Covington,  156  Ky.  573;  City  of 
Henderson  v.  Lockett,  157  Ky.  367; 
City  V.  Poolev,  136  Ky.  286;  124  S. 
W.  315;  Fiscal  Court  v.  F.  &  A.  Cox 
Co.,  132  Ky.  738;  117  S.  W.  296. 
Classification  of  propertv.  Weyman 
V.   Citv,  153  Ky.  487;   156  S.  W.   109. 

§6372  Ky.  Stat.,  regulating  penal- 
ties, etc.,  imposed  upon  insurance 
companies  in  -other  States  greater 
than  those  imposed  under  the  laws 
of  this  State  does  not  violate  above 
section.  Clay,  Insurance  Commis- 
sioner, V.  Dixie  Fire  Ins.  Co.,  168  Ky. 
315;    183   S.   W.   529. 

(8)  An  ordinance  levying  a  license 
tax  on  trading  stamp  companies  may 
be  valid,  although  a  like  tax  is  not 
improsed  on  ordinary  merchants. 
Sperry  &  Hutchinson  Co.  v.  Citv  of 
Owensboro,  151  Kv.  389;  151  S".  W. 
932. 

§  181a.  Cited  in  Mitchell  v.  Knox 
Co.  Fiscal  Court,  165  Ky.  543;  City 
of  Newport  v.  French  Bros.,  169  Ky. 
174,  183  S.  W.  532.  Legislative  act 
imposing  tax  for  expenses  of  Juvenile 
Court   on   city   without   its  consent   is 


798  PROVISIONS  OF  STATE  CONSTITUTION. 


authorities  thereof,  respectively,  the  power  to  assess  and  collect 
taxes.  The  General  Assembly  may,  by  general  laws  only,  pro- 
vide for  the  payment  of  license  fees  on  franchises,  stock  used 
for  breeding  purposes,  the  various  trades,  occupations  and  pro- 
fessions, or  a  special  or  excise  tax;  and  may,  by  general  laws, 
delegate  the  power  to  counties,  towns,  cities  and  other  municipal 
corporations,  to  impose  and  collect  license  fees  on  stock  used  for 
breeding  purposes,  on  franchises,  trades,  occupations  and  pro- 
fessions. And  the  General  Assembly  may,  by  general  laws  only, 
authorize  cities  or  towns  of  any  class  to  provide,  for  taxation 
for  municipal  purposes,  on  personal  property,  tangible  and  in- 
tangible, based  on  income,  licenses  or  franchises,  in  lieu  of  an 
ad  valorem  tax  thereon :  Provided,  Cities  of  the  first  class  shall 
not  be  authorized  to  omit  the  imposition  of  an  ad  valorem  tax 
on  such  property  of  any  steam  railroad,  street  railway,  ferry, 
bridge,  gas,  water,  heating,  telephone,  telegraph,  electric  light 
or  electric  power  company. 

(TJiis  amendment  ivas  proposed  by  the  Legislature  in  1902' 
and  adopted  hy  the  people  in  1903.) 

GENERAL  PROVISIONS. 

§  228.  Oath  to  be  taken  by  all  officers — form  of.  Members  of 
the  General  Assembly  and  all  officers,  before  they  enter  upon 
the  execution  of  the  duties  of  their  respective  offices,  and  all 
members  of  the  bar,  before  they  enter  upon  the  practice  of  their 
profession,  shall  take  the  following  oath  or  affirmation :  I  do 
solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will  sup- 
port the  Constitution  of  the  United  States  and  the  Constitution 
of  this  Commonwealth,  and  be  faithful  and  true  to  the  Com- 
monwealth of  Kentucky  so  long  as  I  continue  a  citizen  thereof^ 
and  that  I  will  faithfully  execute,  to  the  best  of  my  ability,  the 
office  of according  to  law ;  and  I  do 

void.  (Ky.  St.  Sec.  331e,  Subsec.  21.)  the  Constitution.  Tomppert  v.  Lith- 
Campbell  County  v.  City  of  Newport,  gow,  1  Bush  176.  Section  applies  to 
174  Ky    71"-   183  S    W    1  ^11    State,    district,    county,    city    and 

§228.'      (1)    Applies   to  "all    officers.  ^^^^l    if^^""^-      ^^°^8'^'^    '■    ^'^^^<^^'    ^ 

Board  of  Aldermen  of  a  city,  acting  ""^2)     Officers    authorized    to    admin- 

as   a  court   of  inquiry  to   try  charges  jgter  oath.     Clerk  of  Board  of  Alder- 

against   a   city    officer,   is    a    court    of  men  of  a  city,  or  a  notary  public,  not 

limited  jurisdiction,   and  can  only  sit  authorized     to     administer    the    oat'h. 

as  a  court  by  taking  oath  required  by  Tomppert  v.  Lithgow,  1  Bush,  176, 


PROVISIONS  OF  STATE  CONSTITUTION. 


799 


further  solemnly  swear  (or  affirm)  that  since  the  adoption  of 
the  present  Constitution,  I,  being  a  citizen  of  this  State,  have  not 
fought  a  duel  with  deadly  weapons  within  this  State,  nor  out  of 
it,  nor  have  I  sent  or  accepted  a  challenge  to  fight  a  duel  with 
deadly  weapons,  nor  have  I  acted  as  second  in  carrying  a  chal- 
lenge, nor  aided  or  assisted  any  person  thus  offending,  so  help 
me  God. 

§  234.  Officers  to  reside  in  their  respective  districts,  counties 
or  towns.  All  civil  officers  for  the  State  at  large  shall  reside 
within  the  State,  and  all  district,  county,  city  or  town  officers 
shall  reside  within  their  respective  districts,  counties,  cities  or 
towns,  and  shall  keep  their  offices  at  such  places  therein  as  may 
be  required  by  law. 

§  235.  Salaries  of  officers  not  to  be  changed  during  term — 
deduction  from.  The  salaries  of  public  officers  shall  not  be 
changed  during  the  terms  for  which  they  were  elected ;  but  it 
shall  be  the  duty  of  the  General  Assembly  to  regulate,  by  a  gen- 
eral law,  in  what  cases  and  what  deductions  shall  be  made  for 
neglect  of  official  duties.  This  section  shall  apply  to  members 
of  the  General  Assembly  also.     (See  §  161.) 


§  23i.  (1)  Residence  within  the 
town  or  city  limits  is  not  essential 
for  any,  save  strictly  town  or  city 
officers.  Po]iee  commissioners  elected 
under  the  act  of  1S68  for  the  city  of 
Louisville  and  Jefferson  county  are 
invested  with  the  dual  character  and 
powers  of  the  city  and  county  func- 
tionaries. Police  Commissioners  v. 
City  of ,  Louisville,  3  Bush,  597;  see 
note   (7),  Sec.   227. 

(2)  Tax  Collector  appointed  by  the 
County  Court  to  collect  taxes  in  place 
of  the  sheriff,  removed,  is  not  a  dis- 
trict officer  in  the  meaning  of  this 
section,  and  may  collect  tax  in  dis- 
tricts other  than  the  one  in  which  he 
resides.  Com.  v.  Blackwell,  97  Ky. 
314;   30  S.  W.  642. 

(3)  An  act  incorporating  a  private 
detective  agency,  but  which  fails  to 
put  a  limit  on  the  time  during  which 
its  members  might  exercise  their 
})Owers  to  arrest  is  unconstitutional. 
Swincher  v.  Com.,  24  E.  1897;  72  S. 
W.   306. 

(4)  Those  living  outside  of  a  town 
cannot    hold    office    as    trustees    there- 


of. Hill  v.  Anderson,  122  Kv.  87;  90 
S.  W.   1071. 

§235.  (1)  Salary  of  Circuit  Judge 
can  only  be  reduced  for  neglect  of 
official  duty.  Powers  of  auditor  and 
treasurer.  Auditor  v.  Adams,  13  B. 
M.  150;  Garrard  v.  Nuttall,  2  Met. 
106;  Auditor  v.  Cochran,  9  Bush,  7; 
Perkins  v.  Auditor,  79  Ky.  306;  2  R. 
303;  and  cannot  be  changed  during 
term  of  office.  MeCracken  Co.  v. 
Reed,  101  S.  W.  348;   125  Ky.  420. 

(2)  See  cases  cited  in  notes  to  Sec. 
161,  Con.,  with  reference  to  compen- 
sation of  officers  and  changes  there- 
in. See  also  Butler  Countv  v.  James, 
116  Ky.  575;  76  S.  W.  402;  Nail  v. 
Coulter,  117  Kv.  747;  78  S.  W.  1110; 
Piercy  v.  Smith,  117  Kv.  990;  80  S. 
W.  201;  Butler  v.  Stevens,  119  Ky. 
616;  Breathitt  County  v.  Noble,  lie 
S.  W.  777;  Grav'son  County  v.  Rogers, 
122  S.  W.  866;  James,  Auditor,  v. 
Barry,  128  S.  W.  1070;  James,  Audi- 
tor, 'v.  Cammack,  139  Kv.  223;  129 
S.  W.  582;  James  v.  Walker,  141  Ky. 
88;  147  Kv.  647;  144  S.  W.  744;  Bos- 
worth    V.  'Ellison.    148    Kv.    708;    147 


800 


PROVISIONS  OF  STATE  CONSTITUTION. 


§  236.     Time  when  officers  shall  enter  upon  their  duties.    The 

General  Assembly  shall,  by  law,  prescribe  the  time  when  the 
several  officers  authorized  or  directed  by  this  Constitution  to  be 
elected  or  appointed  shall  enter  upon  the  duties  of  their  respec- 
tive offices,  except  where  the  time  is  fixed  by  this  Constitution. 

§  237.  Officers  incompatible.  No  member  of  Congress,  or 
person  holding  or  exercising  any  office  of  trust  or  profit  under 
the  United  States,  or  any  of  them,  or  under  any  foreign  power, 
shall  be  eligible  to  hold  or  exercise  any  office  of  trust  or  profit 
under  this  Constitution,  or  the  laws  made  in  pursuance  thereof. 
(See  §165.) 

§  242.  Private  property — taking  of  for  public  purposes — 
appeal — trial  by  jury.  Municipal  and  other  coiporations,  and 
individuals  invested  with  the  privilege  of  taking  private  prop- 


S.  W.  400;  Page  v.  O 'Sullivan,  159 
Ky.  708;  Fiscal  Court  v.  Gibbs,  166 
Ky.  434;  Cora.  v.  Ewald  Iron  Co.,  153 
Ky.  116;  154  S.  W.  931.  Legislature, 
although  it  extends  the  duties  of 
office,  cannot  increase  his  salary  dur- 
ing the  term  of  his  office.  Green  v. 
Cohen,  181  Kv.  108;  203  S.  VV.  1077. 

§236.  (1)  Failure  to  qualify  with- 
in appointed  time  vacates  office. 
Barnett  v.  Hart,  112  Kv.  728;  66  S. 
W.  726;  and  see  Schuff'v.  Pflanz,  99 
Ky.  97;  35  S.  W.  132;  Jones  v.  Size- 
more,  117  Ky.  810;   79  S.  W.  229. 

(2)  One  appointed  by  the  Governor 
at  the  instance  of  a  railroad  to  act 
as  a  railroad  policeman,  but  who  fails 
to  qualify  within  thirty  days  after 
notice  of  appointment  vacates  his 
office.  C.  N.  O.  &  T.  P.  Ev.  Co.  v. 
Cundjff,   166  Ky.   594;    179   S.'  W.   615. 

§237.  (1)  Postmaster  and  County 
Judge  are  incompatible.  Hoglan  v. 
Carpenter,  4  Bush,  89;  and  see  Ky. 
St.  3744-6,  and  notes  thereto. 

(2)  Postmaster  and  Justice  of  the 
Peace  are  incompatible.  Eodman  v. 
Harcourt,  4  B.  M.  224;  Id.  499. 

(3)  Eligibility  must  exist  at  time 
of  qualification,  not  election.  Jones 
V.  Williams,  153  Ky.  822;  156  S.  W. 
876. 

§  242.  (1)  Taking  private  property 
for  public  use.  Under  this  section 
the  owner  of  property  abutting  upon 
a  street  may  recover  damages  from 
the   city   for   injury   sustained  by   the 


excavation  of  a  street  or  for  any  im- 
provement that  injures  or  destroys 
or  takes  his  property.  City  of  Hen- 
derson V.  McCIain,  102  Kv.  402;  43 
S.  AV.  700;  Yates  v.  Big  Sandv  K.  E., 
28  E.  206;  89  S.  W.  108;  Pickerell  v. 
City  of  Louisville,  125  Ky.  213;  100  S. 
W.  873;  Citv  v.  Jephson,  21  E.  1028; 
53  S.  W.  1046;  Citv  v.  Detweller,  20 
E.  849;  47  S.  W.  881;  Barfield  v. 
Gleason,  111  Ky.  491;  63  S.  W.  964; 
and  see  notes  to  Sec.  13;  and  E.  &  L. 
Turnpike  Co.  v.  Madison  Co.,  114  Kv. 
351;  70  S.  W.  1044;  Hav  v.  City  of 
Lex.,  114  Ky.  665;  71  S.  W.  867;  Hen- 
derson v.  City,  33  E.  703;  111  S.  W. 
318;  132  Ky.  390;  22  L.  E.  A.  (N.  S.) 
2S;  City  v.  Sauter,  149  Ky.  721;  149 
8.  W.  i029;  Board  of  Councijmen  v. 
Edelen,  26  E.  601;  82  S.  W.  279;  City 
of  Clinton  v.  Franklin,  119  Ky.  143; 
S3  S.  W.  142;  Citv  of  Owensboro  v. 
Hope,  128  Kv.  524;  108  S.  W.  873; 
15  L.  E.  A.  (N.  S.j  996;  Kevil  v.  Citv 
of  Princeton,  118  S.  W.  363;  Casseil 
V.  Board  of  Councilmen,  etc.,  134  Ky. 
103;  119  S.  W.  788,  holding  the  city 
not  liable  for  the  destruction  of  trees 
growing  in  the  street;  Ewing  v.  Citv 
of  Louisville,  140  Ky.  726;  131  S.  W. 
1016;  Citv  of  Georgetown  v.  Ammer- 
man,  143"  Ky.  209;  136  S.  W.  202— 
dumping  ground;  Citv  of  Louisville 
V.  Leezer,  143  Ky.  244;  136  S.  W.  233 
— inadequate  sewers;  Braunstein  v. 
City  of  Louisville,  146  Ky.  777;  143 
S.  "W.    372,    in    which    the    city    was 


PROVISIONS  OF  STATE  CONSTITUTION. 


801 


erty  for  public  use,  shall  make  just  compensation  for  property 
taken,  injured  or  destroyed  by  them;  which  compensation  shall 
be  paid  before  such  taking,  or  paid  or  secured,  at  the  election  of 
such  corporation  or  individual,  before  such  injury  or  destruc- 
tion.   The  General  Assembly  shall  not  deprive  any  person  of  an 


held  not  liable  for  a  rock  throwu 
from  a  quarry  at  the  workhouse 
which  caused  a>n  injury  to  a  person 
on  the  street;  Philpot  v.  Town  of 
Tonipkinsville,  148  Ky.  511;  146  S. 
W.  1093,  holding  that  until  a  town 
fixes  the  grade  of  a  street,  it  may 
cut  the  street  down  without  liability 
to  an  adjoining  property  owner;  but 
it  is  laible  for  a  change  of  grade 
after  it  is  once  fixed;  Gernert  v. 
City  of  Louisville,  155  Ky.  5S9;  159 
S.  W.  1163,  holding  a  city  not  liable 
to  the  owner  of  adjacent  property 
for  damages  from  the  original  es- 
tablishment of  the  grade  of  a  street 
which  was  a  county  highway  con- 
structed on  a  different  grade,  before 
the  territorj^  was  taken  into  the  city. 
See  also  Town  of  Erlanger  v.  Codv, 
158  Ky.  625;  166  S.  W.  245.  Xew 
grade  may  be  established  by  city, 
changing  grade  already  established, 
if  construction  of  alley  is  not  made 
before  that  time  and  city  will  not  be 
liable  for  damage.  Citv  of  Louisville 
V.  Kosheway,  161  Ky.  359;  170  S.  W. 
964. 

(2)  Railroad  company  that  permits 
its  culverts  to  become  obstructed, 
thereby  causing  the  flow  of  water  to 
injure  property  of  adjoining  owner 
is  liable  in  damages.  Stith  v.  L.  & 
N.  E.  E.  Co.,  109  Ky.  168;  58  S.  W. 
600;  and  so  where  by  the  erection  of 
an  embankment  it  causes  water  to 
flow  over  adjacent  land.  L.  &  N".  E. 
R.  Co.  V.  Brinton,  109  Ky.  180;  58 
S.  W.  604.  Railroad  company  liable 
for  construction  of  stockpens.  Bram- 
lette  V.  L.  &  N.  R.  R.  Co.,  113  Ky. 
300;  68  S.  W.  145;  a  jmlgment  for 
damages  caused  by  the  construction 
of  roadbed  is  a  bar  to  an  action  for 
later  injuries  therefrom.  Oliver  v.  L 
C.  C.  E.'  Co.,  25  E.  235;  74  S.  W.  1078. 
If  a  railroad  company  makes  a 
change  in  the  use  of  a  street  injuri- 
ously affecting  the  owner  of  adjacent 
property,     it     must     make     compensa- 


tion. L.  &  jST.  E.  E.  Co.  V.  Cumnock, 
25  R.  1330;  77  S.  W.  933.  Throwing 
cinders,  etc.,  on  land  by  a  railroad  is 
within  this  section,  but  the  noise  of 
operating  a  road  is  not  covered 
thereb}'  except  as  to  land  adjoining 
the  right  of  wav.  111.  Cent.  Rv.  Co.  v. 
Elliott,  129  Ky.  121;  110  S.  W.  817. 
An  injury  to  the  easement  of  ingress 
and  egress  to  and  from  the  street  is 
within  this  section.  Stein  v.  Chesa- 
peake &  O.  Rv.  Co.,  132  Kv.  322; 
116  S.  W.  733;'  111.  Cent.  Ey.  Co.  v. 
Elliott,  129  Ky.  121;  110  S.  W.  817. 

(3)  City  liable  to  land  owner  for 
damages  caused  by  the  erection  of  a 
pest-house  near  his  premises.  City 
V.  Allen,  111  Ky.  361;  63  S.  W.  981. 
And  county  is  liable  for  damages 
caused  by  cutting  down  a  county  road 
so  as  to  injure  property  of  adjacent 
owner.  Layman  v.  Beeler,  113  Ky. 
221;  67  S.  W.  994;  Moore  v.  Law- 
rence, 143  Ky.  448j  136  S.  W.  1031. 
City  liable  for  injury  resulting  from 
the  construction  of  a  sewer.  Thoman 
V.  Citv  of  Covington,  23  E.  IIT;  62  S. 
W.   721. 

(4)  Damages  recoverable  for  in- 
jury to  abutting  property  by  con- 
struction and  operation  of  a  railroad 
M.  &  B.  E.  E.'Co.  V.  Connor,  16  E 
635;  29  S.  W.  344;  M.  &  B.  S.  R.  v 
Ingram,  16  R.  853;  30  S.  W.  8;  J.  M 
&  I.  R.  A.  V.  Esterle,  13  Bush.  677 
and  notes  to  Sec.  13.  See  also  Louis 
ville  Rv.  Co.  V.  Foster,  108  Kv.  743; 
57  S.  W.  480. 

In  the  absence  of  evidence  show- 
ing that  the  municipal  authorities 
acted  corruptly  or  in  bad  faith, 
the  city  is  not  liable  for  consequential 
damages  growing  out  of  the  original 
establishment  of  the  grade  of  the 
street,  but  such  damages  may  be  re- 
covered for  the  negligent  construc- 
tion of  a  street  upon  the  grade  so 
established.  City  of  Louisville  v. 
Sauter  &  Yantz,  *149  Ky.  721;  149  S. 
W.  1029. 


802 


PROVISIONS  OF  STATE  CONSTITUTION. 


appeal  from  any  preliminary  assessment  of  damages  against 
any  such  corporation  or  individual  made  by  Commissioners  or 
otherwise;  and  upon  appeal  from  such  preliminary  assessment, 
the  amount  of  such  damages  shall,  in  all  cases,  be  determined  by 
a  jury,  according  to  the  course  of  the  common  law.  (See  notes 
to  §  13.) 


(5)  The  measure  of  damages  in 
a  condemnation  proceeding  in  a 
County  Court.  Hamilton  v.  Maysville, 
27  E.  251.  See  also  Broadway  Coal 
Mining  Co.  v.  Smith,  136  Ky.  725; 
125  S.  W.  157;  26  L.  E.  A.  (N.  S.) 
565;  holding  See.  4292,  Ky.  Stats,  un- 
constitutional insofar  as  it  authorizes 
consequential  benefits  to  be  set  oif 
against  damages  for  the  taking  of 
land. 

(6)  A  county  was  held  liable  for 
damages  done  by  the  construction  of 
a  public  road  and  culvert  in  such 
manner  as  to  discharge  water  on 
private  premises  in  a  greater  quanti- 
ty than  the  natural  flow.  Moore  v. 
Lawrence  County,  143  Ky.  448;  136 
S.   W.    1031. 

(7)  A  city  prison  is  not  per  se  a 
nuisance.  City  of  Bowling  Green  v. 
Eogers,   142  Ky.   558;    134   S.  W.  921. 

(8)  A  private  corporation  or  person 
seeking  to  condemn  property  must 
establish  that  it  is  needed  for  a  pub- 
lic use.  Eilev  v.  L.  H.  &  St.  L.  Ey. 
Co.,  142  Ky.  67;  133  S.  W.  971.  See 
on    t'his   section    Johnson    v.    Marcum, 

152  Ky.  629;  153  S.  W.  959;  Eowe  v. 
Com.,  153  Ky.  338;  155  S.  W.  753; 
L.  &  N.  E.  E.  Co.  v.  Hopkins  County, 

153  Ky.  718;  156  S.  W.  379.  Eoad 
cannot  be  condemned  by  a  land  owner 
from  one  tract  of  land  to  another. 
Fitzpatrick  v.  Warden,  157  Ky.  95, 
162   S.   W.   550. 

(9)  The  Louisville  Commissioners 
of  Sewerage  are  not  answerable  for 
an  injury  done  to  one  contractor  by 
the  negligence  of  another  contractor 
in  the  building  of  a  sewer.  Jones  & 
Co.  v.  Ferro  Concrete  Const.  Co.,  154 
Ky.  47;   156  S.  W.   1060. 


(10)  Cited  in  Oesser  v.  McLane  & 
Co.,  156  Ky.  747;  C.  &  O.  R.  R.  Co.  v. 
May,  157  Ky.  713;  C.  &  O.  E.  E.  Co.  v. 
Blankenship,  158  Kv.  274;  L.  &  N. 
E.  E.  Co.  V.  Culbertsou,  158  Ky.  564; 
Shaw  V.  Board  of  Drainage,  etc.,  160 
Ky.   428. 

(11)  Although  in  the  collection 
and  distribution  of  garbage  the  city 
discharges  a  governmental  function 
it  has  no  right  to  take  or  injure  pri- 
vate property  for  the  use  thereof 
without  making  compensation  there- 
for. Citv  of  Louisville  v.  Hehemann, 
161  Ky. '526;   171  S.  W.  165. 

(12)  The  taking   of  lands   for   the 

construction  of  drainage  which  will 
result  in  public  benefit  is  the  proper 
exercise  of  the  power  of  eminent 
domain.  Williams  v.  Wedding,  165 
Kv.  361;  176  S.  W.  1176;  City  of  Dav- 
to'n  v.  Eewald,  168  Ky.  398;  182  S.  W. 
931. 

(13)  City  may  cross  with  street 
railroad  right  of  way.  L.  &  N.  E.  E. 
Co.  V.  Citv,  131  Ky.  108;  114  S.  W. 
743. 

(14)  Closing  street  or  alley  is  tak- 
ing. Henderson  v.  City  of  Lexington, 
132  Ky.  390;  111  S.  W.  318. 

(15)  Contractor  who  constructs  a 
sewer  for  city  is  not  immune  from 
damage  to  private  property.  Adams 
&  Sullivan  v.  Sengel,  177  Ky.  535; 
197   S.   W.   974. 

(16)  $  4287-4256  as  to  establish- 
ment of  public  roads  is  not  void  under 
this  section  providing  General  Assem- 
bly shall  not  deprive  any  person  of 
an"  appeal  from  a  preliminary  assess- 
ment for  damages.  Gratz  v.  Gertisen, 
181  Ky.  626;  205  S.  W.  782. 


AN  ACT  FOR  THE 

Government  of  Cities  of  the  First  Class 

AND  AMENDMENTS  THERETO. 

(Approved  July  1,  1893) 


BEING  THE  CHARTER  OF  THE  CITY  OF  LOUISVILLE 


Subdiv.    1.  General  provisions.  2742. 

2.  Boundaries.    2760. 

3.  Legislative  department.  2765. 

4.  Executive  department.  2784. 

5.  Executive  boards.  2802. 

6.  Board  of  public  works.  2824. 

7.  Public  ways.  2832. 

8.  Parks.  2840. 

9.  Public  wharves.  2860. 

10.  Board   of   public   safety.    2861. 

11.  Police    and    fire    department. 

2865. 

12.  Comptroller.   2S97. 

13.  Auditor.   2901. 

14.  Treasurer.   2902. 

15.  Tax  Receiver.  2904. 

16.  Assessor.  2906. 

17.  City    Attorney.   2909. 

18.  Police  Court.  2911. 

19.  Judge   of    police   court.    2923. 

20.  Clerk    police   court.   2929. 

21.  Prosecuting    attorney    of    po- 

lice  court.   2935. 


Subdiv.  22.  Baliff  of  police  court.  2940. 

23.  Interpreter   and    stenographer 

of    police    court.    2945. 

24.  Bond    Recorder.    2947. 

25.  Live   Stock  inspector.  2948 

26.  Education.  2949. 

27.  Revenue  and   taxation.   2979. 

a.  General    provisions.   2979. 

b.  Assessments.   20S5. 

c.  Collection   and   payment  of 
taxes.  2997. 

28.  Sinking  fund.  3010. 

29.  Liquor    Licenses,    3025. 

30.  Sewerage    commission.    3037-b. 

31.  Tuberculosis  hospital.  3037-c. 

32.  Franchises  3037-d. 

33.  Hospital    commission.    3037-e. 

34.  Plumbing       department      and 

regulations.    3037-f. 

35.  Tenement  house  act.  3037-g. 
Board  of  children's  guardians. 

2008. 


§  2740.     Six  Classes.     The  cities  and  towns  of  the  Common- 
wealth are  classified  as  follows,  to-wit: 

First  Class — Louisville,  Jefferson  County.  *  *   *  * 

SUBDIVISION  I. 

General  Provisions. 

§  2742.     Incorporation  and  corporate  powers.     That  the  in- 
habitants of  cities  of  the  first  class  are  hereby  continued  cor- 


Rights  and  Powers  Generally. 

§  27i2.  (1)  Authority  strictly  con- 
strued. Oeneral  rule  is  that  the  au- 
thority delegated  to  municipal  cor- 
porations is  to  be  strictly  construed. 
Kniper    v.    Louisville,    7    Bush     599; 


Wheatly  v.  Covington,  11  Bush  18; 
Johnson  v.  Louisville,  11  Bush  527. 
Exceptions  to  rule.  Broadway  Bap- 
tist Church  V.  McAtee,  8  Bush  508. 

(2)  City  may  hold  property  in 
trust  under  a  will  for  charitable  uses, 
and    may    be    compelled    to    execute 


804 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2742 


porate  by  the  name  and  style  which  they  now  bear,  with  power 
to  govern  themselves  by  such  ordinances  and  resolutions  for 
municipal  purposes  as  they  may  deem  proper,  not  to  conflict 
with  this  act,  nor  the  Constitution  and  laws  of  this  State,  nor 
of  the  United  States;  with  power  to  contract  and  be  contracted 


such  trust.     Peynado  v.  Peynado,  82 
Ky.   5. 

(3)  Discrimination  against  non- 
residents. A  city  ordinance  which 
discriminates  against  residentts  of 
Federal  Constitution,  although  it 
makes  the  same  discrimination 
against  the  residents  of  tliis  State 
outside  of  each  city.  Fecheimer  v. 
Louisville,  84  Ky.,  306;  2  IS.  W.  65; 
Simrall  v.  City  of  Covingtton,  90  Ky. 
451;  McGraw  v.  Town  of  Marion,  »a 
Ky.  678;  38  S.  W.  18;  47  L.  R.  A.  593. 

(4)  Issual  and  sale  of  municipal 
bonds.  It  is  no  objection  to  an  ordi- 
nance providing  for  the  issual  of  mu- 
nicipal bonds  that  it  gives  the  Mayor 
the  discretion  to  sell  them  at  a  lower 
rate  of  interest  than  that  fixed  in  the 
ordinance  if  he  can  do  so.  There  is 
no  unauthorized  delegation  of  leg- 
islative power.  Frantz  v.  Jacob,  88 
Ky.  525;  11  S.  W.  654. 

(5)  Legislative  power  General 
Council  can  not,  by  contract,  deprive 
itself  of  this  power.  Lou.  City  Ry.  v. 
Louisville,  8  Bush  415;  Bateman  v. 
City  of  Covington,  90  Ky.  390;  14  S. 
W.  361. 

(6)  Market — regulation  of.  Mayor 
and  Council  have  the  right  to  iullict 
penalties  on  its  citizens  for  vending 
at  market  articles  not  the  product  of 
the  vendor.  Louisville  v.  Roupe,  6  B. 
M.  591. 

(7)  Nuisance — abatement  of.  City 
government  may,  when  the  usfe  to 
which  the  owner  devotes  his  proper- 
tj'  becomes  a  nusiance,  compel  him 
to  cease  to  use  it,  and  punish  him  for 
refusing  to  obey  its  ordinances.  Lou. 
City  Ry.  v.  Louisville,  8  Bush  415. 

(8)  Observance  of  Sabbath.  En- 
forcement of  observance  of  Sabbath 
— powers  lof  city.  Ormsb}-  v.  Louis- 
ville, 79  Ky.  197;  Commonwealth  ex 
rel  Barth  v.  McCann,  Judge,  29  R. 
70T;  94  S.  W.  645. 

(9)  Ordinance  fixing  offense  and 
punishment.     The  Mayor  and  Council 


have  the  right,  by  their  ordinance,  to 
define  the  acts  which  they  intend  to 
punisih,  and  the  act  defined  is  the  of- 
fense. Louisville  v.  Roupe,  6  B.  M. 
591. 

(10)  Penal  ordinances..  A  general 
grant  of  power  should  not  be  Ueld  to 
confer  authority  upon  a  municipal 
corporation  to  pass  an  ordinance 
punishing  an  act  which  is  made  pun- 
ishable as  a  criminal  oii'ense  by  the 
State  laws.  Com.  v.  Duff,  87  Ky.  586; 
9  S.  W.  816;  City  of  Louisville  v. 
V/ehmoff,  116  Ky.  812;  79  S.  W.  201; 
City  of  Louisville  v.  Alvey,  25  R.  995; 
76  S.  W.  876. 

(11)  Police  Power — public  health. 
Power  of  State  to  jjrotect  the  puD- 
lic  health  through  her  towns  and  cities 
can  not  be  relinquished,  yet  the  mu- 
nicipalities entrusted  with  the  power 
may  make  contracts  to  attain  this 
end;  and  when  made  they  can  not 
disregard  them  upon  their  mere  ca- 
price. City  of  Louisville  v.  Wible,  84 
Ky.  290;  1  S.  W.  605. 

(12)  Power  to  make  contracts  for 
city.  Persons  contracting  with  corpo- 
rations or  their  officers,  must,  at  their 
peril,  inquire  concerning  the  authori- 
ty of  the  contracting  agents  or  'Ott'i- 
cers  to  bind  the  corporation  by  such 
contract.  Trustees,  etc.  v.  Hohn,  82 
Ky.  1;  Murphy  v.  Louisville,  9  Bush 
189;  Crayeraft  v.  Selvage,  10  Bush, 
696.  The  Mayor  can  not,  as  a  general 
rule,  employ  counsel  to  represent  the 
city  in  a  litigation.  Owensboro  v. 
Weir,  95  Ky.  158;  24  S.  W.  115.  Cases 
of  emergency  may  arise'  Where  the 
power  must  necessarily  exist,  Louis- 
ville V.  Murphy,  86  Ky.  53;  5  S.  "W. 
194. 

(13)  Special  privileges.  A  statute 
enacted  for  the  protection  of  a  city, 
if  it  relates  to  the  exercise  of  a  gov- 
ernmental power,  is  valid.  Preston  v. 
Louisville,  84  Ky.  118. 

(14)  State  laws  operate  within  the 
limits   of   municipal    corporations  and 


2742 


CITIES  OF  THE  FIRST  CLASS. 


805 


with ;  to  sue  and  be  sued ;  to  defend  and  be  defended  in  all  courts ; 
to  acquire  property  for  municipal  purposes  by  purchase  or  other- 
wise; to  hold  the  same  and  all  property  and  effects  now  belong- 
ing to  them,  either  in  their  own  names  or  in  the  names  of  others, 
to  the  use  of  the  city,  for  the  purposes  and  intents  for  which 
the  same  were  granted  or  dedicated ;  to  use,  manage,  improve, 


upon   their  inhabitants,  as  elsewhere, 
unless   it   is  otherwise   clearly  provid- 
ed in  the  charter  or  by  statute.     Com. 
V.  Duflf,  87  Ky.  586;  9  S.  W.  8l6. 
Liabilities  of  Corporation. 

(15)  In j  miction  by  city  taxpayer.  A 
city  taxpayer  may  enjoin  the  issuing 
of  illegal  bonds  by  the  city,  both  for 
his  own  protection  and  for  that  of  in- 
nocent parties  who  may  purchase 
them.  Frantz  v.  Jacob,  88  Ky.  525; 
11  S.  W.  654. 

(16)  Mandamus  against  City  Coun- 
cil. Jurisdiction  of  Jefferson  Circuit 
Court.  Kaye  v.  Kean,  18  B.  M.  839. 
Mandamus  lies  against  City  Council 
to  compel  the  levy  and  collection  of 
a  tax  to  pay  bonds  issued  to  a  rail- 
road company.  Maddos  v.  Oraham, 
2  Met.  56;  Fleming  v.  Dver,  20  E. 
689;   47  S.  W.  444. 

(17)  Negligence  of  firemen.  City 
being  required  to  establish  and  main- 
tain a  fire  department,  is  not  liable 
for  injuries  caused  by  the  negligence 
of  firemen.  Greenwood  v.  Louisville, 
13  Bush   226. 

A  city  is  not  liable  to  property 
owner  for  negligence  of  firemen.  Ter- 
rell V.  Louisville  Water  Co.,  127  Kv. 
77;  105  S.  W.  100;  Davis  v.  City  of 
Lebanon,  108  Ky.  688;  Jolly  v.  City 
of  Owensboro,  89  Ky.  281;  Dudley  v. 
City  of  Flemingsburg,  115  Ky.  5; 
Haring  v.  City  of  Covington,  25  R. 
1618.  See  also  Louisville,  etc.  v.  Old- 
ham, 148  Kv.  32;  Citv  of  Louisville 
V.  Bridwell,"  150  Ky.  589;  150  S.  W. 
672;  O'Dalv  v.  Citv  of  Louisville,  156 
Ky.   815;   1*62  S.  W.  79. 

(18)  Negligence  of  policemen.  City 
not  liable  for  wilful  negligence  of  po- 
licemen in  making  arrest  jpon  charge 
of  felony.  They  act  as  officers  of  the 
Commonwealth.  Pollock  v.  Louisville, 
13  Bush  221. 

City  not  liable  for  acts  of  officers 
in  enforcing  laws.  Pollock  v.  Tjouis- 
ville,   13  Bush   221;   Bean  v.   City   of 


Middlesborough,  22  R.  415;  Police 
judge..  Hershberg  v.  Barbourville, 
142  Ky.  60;  133  S.  W.  989.  But  see 
McGraw  v.  Town  of  Marion,  98  Ky. 
678. 

(19)  Negligence  of  city  employes. 
The  City  ofLousville  is  not  respon- 
sible for  the  negligence  of  employes 
in  operating  elevator  in  the  City 
Hall.  Schwalk's  Admr.  v.  City  of 
Louisville,  135  Ky.  570;  122  S.  W. 
860;  25  L.  R.  A.  (N.  S.)  88. 

Nor  for  those  in  charge  of  a  pest 
house.  Twyman  v.  Frankfort,  117 
Ky.  518.  Having  v.  Covington,  78  S. 
W.  431;  Arnold  v.  Stanford,  113  Kv. 
852;   69  S.  W.  726. 

Nor  for  those  conducting  a  school 
of  reform.  Williamson  v.  Louisville 
Reform  School,  95  Ky.  251. 

Nor  for  those  in  charge  of  public 
schools.  Ernst  v.  West  Covington, 
116  Ky.  850;  76  S.  W.  1089;  63  L.  R. 
A.  652. 

Nor  for  those  in  charge  of  a  lock- 
up or  workhouse.  Braunstein  v.  City 
of  Louisville.  146  Ky.  777;  143  S.  W. 
372. 

Nor  for  the  negligence  of  those  in 
charge  of  a  sprinkling  cart.  Kippes 
v.  City  of  Louisville  140  Kv.  423;  131 
S.  W.  184;  Mavdwell  v.  City  of  Louis- 
ville, 116  Ky.  885;  76  S.  W.  1091;  63 
L.  R.  A.  655';  O'Dalv  v.  Citv  of  Louis- 
ville, 156  Ky.  815;  'l62  S.  >.   79. 

Nor  for  those  engaged  in  street 
cleaning.  Citv,  of  Louisville  v.  Car- 
ter, 142  Ky.  443;   134  S.  W.  468. 

Nor  for  the  negligence  of  those  en- 
gaged in  repairing  streets.  Danville 
v.  Fox,  142  Ky.  476;  134  6.  W.  883. 

Nor  for  the  negligence  of  those  in 
charge  of  a  jail  or  prison.  City  of 
Bowling  Green  v.  Rogers,  142  Ky. 
558;  134  S.  W.  921. 

Nor  for  the  negligence  of  those  en- 
gaged in  constructing  sewers.  Smith's 
Admr.  v.  Commissioners  of  Sewerage 
of  Louisville,  146  Ky.  562;   143  S.  W, 


806 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2743 


sell  and  convey,  rent  or  lease  the  said  property,  and  have  the 
like  povv^ers  over  property  hereafter  acquired,  to  have  a  com- 
mon seal,  and  change  it  at  pleasure,  and  act  with  or  without  a 
seal. 

§  2743.  Legislative,  executive,  and  judicial  departments. 
In  said  cities  there  shall  be  a  legislative,  an  executive,  and  a 
judical  department.  Neither  of  these  departments  shall  exer- 
cise any  power  properly  belonging  to  either  of  the  others,  ex- 
cept as  permitted  in  this  act. 

§  2744.  Separation  for  governmental  purposse  from  county — 
city  and  county  indebtedness.  (Repealed  by  act  of  March  24, 
1904.) 

§  2745.  Official  oath  required  of  officers.  The  members  of 
the  General  Council,  and  all  other  officers  of  the  city,  before 


B;  Citv  of  Louisville  v.  Frank,  154  Ky. 
25-1;  157  S.  W.  24;  Jolinson's  Admr.  v. 
Louisville  etc.,  160  Ky.  356;  169  S.  W. 
827. 

City  dumps.  City  of  Georgetown 
V.  Ammerman,  143  Ky.  209;  136  S. 
W.  202;  City  lof  Louisville  v.  Hehe- 
mann,  161  Ky.  523;  171  S.  W.  165; 
Garbage.  City  of  Louisville  v.  Hans, 
167  Ky.  160;  180  S.  W.  65. 

(20)  Official  misconduct  of  officers. 
City  officers  are  responsiWe  for  mal- 
feasance or  nonfeasance  in  office,  but 
the  corporation  is  not  liable  for  offi- 
cial misconduct  of  its  officers.  Prath- 
er  V.  Lexington,  13  B.  M.  557;  Ward 
V.  Louisville,  16  B.  M.  184;  nor  for 
wilful  neglect  of  policemen.  Pollock 
V.   Louisville,  13  Bush,  221. 

(21)  Neither  the  city  nor  the  Park 
Board  can  be  held  liable  for  the  neg- 
ligence of  employes  engaged  in  the 
management  of  the  park  system. 
Board  of  Park  Commissioners  v. 
Prinz,  127  Ky.  470;  10^  S.  W.  948. 

(22)  Property  destroyed  by  mob. 
City  not  responsible.  Prat'her  v. 
Lexington,  13  B.  M.  557;  Ward  v. 
Louisvlle,  16  B.  M.  184;  but  now  by 
statute  under  certain  restrictions  the 
city  is  liable.     See  Sec.  8  and  notes. 

(23)  Recovery  of  money  paid  by 
mistake.  One  who  has  paid  money 
to  be  paid  for  a  license  to  do  busi- 
ness, may  recover  the  money,  the  or- 
dinance being  invalid.  Feeheimer 
V.  Louisville,  84  Ky.  306;  2  S.  W.  65; 


Brands  v.  City  lof  Louisville,  111  Ky. 
61;  Bruner  v.  Town  of  Stanton,  102 
Ky.  461;  see  Const.,  Sec.  170  and 
notes;  sec.  2980a  and  notes. 

(24)  Taxation  of  city  property — 
exemption.  See  Con.,  sec.  170  and 
notes. 

(25)  A  city  can  not  require  an  In- 
stitution for  the  Blind  to  equip  its 
building  with  fire  escapes.  Ky.  In- 
stitution for  Education  of  Blind  v. 
City  of  Louisville,  123  Kv.  767;  97 
S.  W.  402. 

(26)  City  ordinance  regulating 
pool  rooms  and  punishing  acts  which 
are  offenses  at  common  law  upheld. 
City  of  Louisville  v.  Wehmhoff,  116 
Ky".  812;  79  S.  W.  201. 

(27)  The  right  acquired  by  a  tele- 
phone company  to  use  the  streets 
of  a  city  for  telephone  purposes  held 
not  withdrawn  by  the  present  Con- 
stitution, nor  subject  to  revocation. 
City  of  Louisville  v.  Climb.  Tel.  & 
Tel.  Co.,  224  U.  S.  649. 

§  2744.  Construction  of  section. 
Joves  V.  Jeff.  Co.  Fiscal  Court,  etc.. 
106  Ky.  615;  51  S.  W.  435. 

§  2745.  (1)  Clerks  of  boards  of  al- 
dermen and  councilmen  are  officers 
of  the  city  government.  Barrett  v. 
Godshaw,  12  Bush  592. 

(2)  Election  of  offiicers  of  city. 
The  term  "election,"  in  its  constitu- 
tional sense,  is  used  to  designate  a 
selection  by  the  popular  vote  of  a 
district,  county,  town,  or  city,  or  by 


2746 


CITIES  OF  THE  FIRST  CLASS. 


807 


entering  upon  the  duties  of  their  respective  offices,  shall  each 
take  such  oath  or  affirmation  as  may  be  prescribed  by  this  act 
or  by  ordinance;  and,  in  addition,  each  shall  make  an  oath  or 
laffirmation  that  he  has  the  qualifications  prescribed  by  this 
act,  and  is  not  subject  to  any  of  the  disabilities  which  render 
him  ineligible  to  hold  the  office  to  which  he  has  been  elected. 

§  2746.  Eligibility  to  office.  No  person  shall  be  eligible  to 
any  office  who  is  not  at  the  time  of  his  election  a  qualified  voter 
of  the  city,  and  who  has  not  resided  therein  three  years  pre- 
ceding his  election. 

§  2747.  Officers  malting-  false  entries — embezzlement  and 
misapplication  of  funds — penalty.  If  any  auditor,  tax  receiver, 
treasurer,  or  comptroller,  or  other  officer  or  assistant,  or  deputy 
of  such  officer  of  said  city,  shall  make  or  knowingly  permit 
others  to  make  a  false  entry  in  his  books,  or  shall  allow  or  dis- 
allow any  item  or  items,  or  shall  knowingly  fail  to  make  any 
proper  entry  in  his  books,  with  the  intent  to  cheat  or  defraud 
said  city,  or  any  person  or  corporation,  or  shall  embezzle  or 
knowingly  misapply  or  withhold  any  money  or  property  of  any 
kind  belonging  to  said  city,  or  coming  into  his  hand  officially, 
such  officer,  assistant,  or  deputy  shall,  upon  conviction  thereof, 
be  confined  in  the  penitentiary  of  this  Commonwealth  not  less 
than  two  or  more  than  ten  years. 

§  2748.  Officers  to  hold  until  successor  qualifies.  All  officers 
who  have  qualified  shall  hold  their  office  until  their  successors 
are  elected  and  qualified. 


some  organized  ibody  in  contradis- 
tinction to  the  appointment  by  some 
single  person  or  officer.  Speed  v. 
Crawford,  3  Met.  207;  Police  Coms. 
V.  Louisville,  3  Bush   597. 

(3)  Presumed  to  have  acted  legal- 
ly. Functionaries  acting  openly  for 
the  welfare  of  the  local  public  should 
not  be  presumed  to  have  acted  il- 
legally. Louisville  v.  Hyatt,  2.  B. 
M.    177. 

(4)  Salaries  may  be  attached.  Sal- 
aries of  officers  of  cities  may  be  at- 
tached and  subjected  to  the-  payment 
of  their  debts.  Speed  v.  Brown,  10 
B.  M.  108;  Rodman  v.  Musselman,  12 
Bush  354.  But  see  Dickinson  v. 
Johnson,  110  Kv.  247;  61  S.  W.  267; 
Sanders  v.  Herndon,  122  Kv.  760;  93 
S.  W.  14;  5  L.  R.  A.  1072.  May  not  be 


assigned,  Schmidt  v.  Cooling  145 
Ky.  240;   140  S.  W.  197. 

§2746.  Eligibility  of  persons  in 
annexed  territory.  Gibson  v.  Wood, 
■105  Ky.  740;  49  *S.  W.  768. 

Residence  for  three  years  is  suf- 
ficient to  render  a  person  eligible  to 
offiice,  although  during  part  of  three 
years  the  territory  in  which  he  re- 
sided was  outside  the  citv  limits. 
Meffert  v.  Brown,  116  S.  W.  779;  1177 
132  Ky.  201. 

§2747.  Necessary  allegations  in 
an  indictment  against  a  live  stock 
inspector.  Com.  v.  Bradley,  132  Ky. 
512;   116  S.  W.  761. 

§  2748.  This  section  does  not  ap- 
ply to  legislative  body.  Councihnen 
and  aldermen  under  the  charter  of 
the  city  of  Louisville  could  not  hold 


808  AN  ACT  FOR  THE  GOVERNMENT  OF  2749 

§  2749.  Aiding  escape  from  penal  institutions — harboring  or 
concealing — penalty.  Any  person  who  shall  aid,  assist  or  abet 
any  male  or  female  to  escape  from  the  House  of  Reform,  the 
City  Workhouse,  or  any  other  penal  institution,  or  shall  harbor 
or  conceal  such  persons,  knowing  them  to  have  escaped,  shall, 
upon  conviction,  be  fined  not  less  than  one  hundred  dollars,  or 
be  confined  in  the  County  Jail  not  less  than  thirty  days,  or  both, 
at  the  discretion  of  the  jury. 

§  2750.  Circuit  judges  and  Commonwealth's  attorney — salary 
supplemented.     (Repealed  by  act  of  March  24,  1904.) 

§  2751.  Ordinances — codification — publication — duty  of  City 
Attorney.  All  general  ordinances  of  the  city  now  in  force  and 
not  in  conflict  with  this  act,  shall  continue  in  force  until  repealed 
by  the  General  Council,  but  not  longer  than  two  years  from  the 
first  election  of  the  General  Council  under  this  act.  Hereafter 
there  shall  be  published  for  the  year  1919,  and  every  four  years 
thereafter,  a  compilation  or  codification  of  the  general  ordinances 
of  the  city,  and  hereafter  there  shall  also  be  published  for  the 
yea'r  1917,  and  every  four  years  thereafter  a  supplemental  com- 
pilation or  codification,  which  shall  contain  all  the  general  ordi- 
nances which  have  been  passed  since  the  previous  compilation. 
No  general  ordinance  shall  be  operative  unless  included  or  pub- 
lished in  said  compilation  or  supplemental  compilation,  or  unless 
passed  subsequent  to  the  last  compilation.  Immediately  after  the 
passage  of  this  act,  the  City  Attorney  shall  codify  the  general 
ordinances  of  the  city,  and  add  thereto  such  provisions  as  may  be 
necessary  to  carry  out  the  purposes  of  this  act.  The  code  so  pre- 
pared shall  be  promptly  transmitted  to  the  Mayo?  and  General 
Council.     {Amended  1918  Legislature.) 

§  2752.  Actions  against  city — limitation.  Actions  against  the 
city  for  damages  for  injuries  to  person  or  property  shall  be  be- 
gun within  six  months  after  the  cause  of  action  accrued.  [Ac- 
tions against  the  city  for  taxes  or  assessments  claimed  to  have 
been  illegally  paid  or  collected  shall  be  commenced  within  six 
months  after  the  cause  of  action  accrued.]  {Words  in  brackets 
added  hy  act  of  March  16,  1898.) 

over    beyond    the    period    for    whicli  Louisville,  98  Ky.  50;  32  S.  W.  264. 
they  were  elected,  and  their  acts  af-  §   2752.   Limitation     fixed    in     this 

ter    the     expiration     of     their     terms  section  is  in   violation   of  the  Consti- 

were    void.      Louisville   v.    Higdon,    2  tution.  City  v.  Kuntz,  104  Ivy.  584;  47 

Met.    526;      McDermott     v.     City     of  S.    W.    593;    City    v.    Siebert,    21    R, 


2753 


CITIES  OF  THE  FIRST  CLASS. 


809 


§  2753.     Obligations  due  to  taxpayers — deduction    for    taxes. 

The  city  shall,  in  every  instance,  deduct  and  withhold  from  the 
amount  of  its  obligations  to  any  person  owing  or  liable  to  it  for 
taxes,  the  amount  of  such  taxes,  and  surrender  to  such  person 
the  cancelled  tax  bills  therefor,  which,  to  the  amount  thereof, 
with  the  interest  and  penalty  thereon,  if  any,  shall  be  a  dis- 
charge of  its  obligations  to  such  person. 

§  2754.  Fiscal  year — when  to  begin  and  end.  The  fiscal  year 
of  the  city  shall  begin  on  the  first  day  of  September  of  each  year 
and  end  on  the  thirty-first  day  of  August  following. 

§  2755.  Inspector  of  weights  and  measuies — salary — penalty. 
The  General  Cocncil  shall,  by  ordinance,  provide  suitable  pen- 
alties for  the  punishment  of  persons  who  knowingly  use  defec- 
tive or  imperfect  weights  or  measures,  and  may  provide  for  an 
inspector,  or  inspectors,  of  weights  and  measures.  He  shall  have 
exclusive  power  to  inspect  weights  and  measures  in  the  city, 
and  he  shall  be  paid  a  salary  by  the  city.  No  fees  shall  be 
charged  or  received  for  such  services.  Nothing  in  this  section 
shall  be  construed  so  as  to  interfere  with  the  term  of  office  or 
fees  of  the  present  sealer  of  weights  and  measures  for  Jeffer- 
son county. 

§  2756.  Officers  and  agents — temis,  duties  and  compensation. 
Except  as  otherwise  herein  provided,  the  General  Council  may, 
by  ordinance,  prescribe  the  duties,  define  the  term  of  office,  and 
fix  the  compensation  and  the  bond  and  the  time  of  election  of 
all  officers  and  agents  of  the  city. 

§  2757.  Officers  or  councilmen  receiving  bribe — penalty.  Any 
officers  of  said  city,  or  member  of  the  General  Council,  who  shall 


328;  51  S.  W.  310  City  v.  Hegan,  20 
R.  1532;  49  S.  W.  532;  Citv  v.  Mc- 
Gill    21  R.  718;  52  S.  W.  1053. 

§  2755.  One  can  not  be  convicted 
of  bribing  another  to  vote  for  can- 
didate for  an  office  that  does  not 
exist.  Com.  v.  Reese,  16  R.  493;  29 
S.  W.   352. 

§  2756.  Municipal  officers.  (1) 
There  can  be  no  change  in  salaries 
of  public  officers  during  their  terms. 
See  sec.  161  of  the  Const.,  City  of 
Louisville  v.  Wilson,  99  Ky.  598;  36 
(S.  W.  944;  Marion  County  Fiscal 
Court  V.  Kelly,  112  Ky.  835;  McNew 
V.  Commonwealth,  123  Ky.  115;  93  S. 
W.  1047. 


(2)  This  rule  does  not  apply  to 
municipal  officers  removable  with- 
out cause.  Citv  of  Lexington  v. 
Reniek,   105  Ky.  785;   50  S.  W.   1106. 

(3)  Who  are  officers.  Purnell  v. 
Mann,  105  Ky.  113;  Sinking  Fund 
Commissioners  v.  George,  104  Ky. 
286;  Pratt  v.  Breckinridge,  112  Ky. 
8;  Lowry  v.  City  of  Lexington,  113 
Ky.  773;  68  S.  W.  1109. 

(4)  Bond  to  be  executed.  See  sees. 
3751  and  3752  Ky.  Stats.;  Grombarg- 
er  V.  U.  S.  Fidelity  Co.,  102  S.  W. 
873;  126  Ky.  119;  ll  L.  R.  A.  (W.  S.) 
758.  City  of  Louisville  v.  Vreeland, 
140  Ky.  400;  131  S.  W.  195;  holding 
that   the   office   of  gas   inspector   pro- 


810 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2758 


receive  any  money  or  other  thing  of  value,  directly  or  indirectly, 
for  his  vote  or  influence  in  favor  of  any  measures  upon  which 
he  may  act  officially,  shall  be  deemed  guilty  of  a  felony,  and, 
upon  conviction  thereof,  shall  be  confined  in  the  penitentiaiy  not 
less  than  two  nor  more  than  twenty  years. 

§  2758.     Building     inspector — inspection    of    buildings.     The 

statutes  heretofore  enacted  for  the  inspection  of  buildings,  and 
for  the  appointment  of  building  inspectors,  shall  continue  in 
force  until  superceded  by  appropriate  ordinances  passed  by  the 
General  Council;  but  in  no  event  shall  such  acts  now  in  force 
continue  longer  than  March  4,  1894. 

§  2759.  Elective  officer — when  to  take  office.  All  elective 
officers  shall  take  office  at  the  same  time  as  the  Mayor,  unless 
otherwise  specially  provided  herein. 

SUBDIVISION  II. 

Boundaries. 

§  2760.  Existing  boundaries  continued.  The  boundaries  of 
the  cities  of  the  first  class  shall,  until  changed  as  herein  pro- 
vided, remain  as  now  established  by  law. 


vided  for  in  the  charter  of  the  Louis- 
ville Gas  Comx^any  was  repealed  'by 
the   present    city    charter. 

(5)  The  Council  of  a  city  of  the 
first  class  may  repeal  an  ordinance 
Creating  minor  positions  in  the  office 
of  the  City  Attorney,  but  an  ordi- 
nance displacing  such  officers  and 
providing  others  in  their  j)lace  is 
void.  Underwood  v.  Wilhite,  139  Ky. 
116;  129  S.  W.  548;  City  v.  Parsons 
150   Ky.  420;    150   S.   W."  498. 

§  2758.  Building  regulations.  Un- 
der Ky.  St.  190.3,  Sec.  2758,  which  is 
a  part  of  the  act  for  the  government 
of  cities  of  the  first  class,  passed 
July  1,  1893,  and  which  provides  that 
statutes  previously  enacted  for  the 
inspection  o'f  buildings  shall  continue 
in  force  until  superceded  by  appro- 
priate ordinances  passed  by  the  Gen- 
eral Council,  the  whole  question  of 
building  inspection  is  left  to  be  regu- 
lated bj^  ordinances  passed  by  the 
General  Council;  and  an  ordinance  so 
passed   is   valid,   although   it   conflicts 


with  Acts  1887-88;  vol.  1,  c,  124, 
which  appears  in  Ky.  St.  1903,  sees. 
1830,  1832,  and  which  prescribes  the 
conditions  under  which  the  owners 
of  certain  property  shall  place  fire 
escapes  thereon,  and  imposes  a  penalty 
for  leaving  the  building  unprotected 
with  fire  escapes.  Louisville  Pub. 
Librarv  Co.  v.  Citv  of  Louisville,  118 
Kv.  334;  80  S.  W.  1169;  Tilford  v. 
Belknap,  126  Ky.  244;  103  S.  W.  289 
Bovd  V.  Citv  of  Frankfort,  117  Kv. 
199;  77  S.  W.  6(59. 

§  2760.  Acquiescence  in  location  of 
boundary  line.  Where,  for  more  than 
twenty  years^  a  certain  location  of 
the  boundary  line  was  adopted  and 
acted  on  by  both  the  city  and  lot 
owners,  and  the  line  was,  by  subse- 
quent acts  of  the  Legislature,  recog- 
nized as  the  true  line,  the  construc- 
tion given  to  the  charter  for  so  many 
3'ears  will  not  be  disregarded.  Bel- 
knap V.  City  of  Louisville,  93  Ky. 
444;  Carrithers  v.  Citv  of  Shelby- 
ville,  126  Kv.  769;  104  S.  W.  744; 
17  L.  E.  A.   (N.  S.)   421. 


2761 


CITIES  OF  THE  FIRST  CLASS. 


811 


§  2761.  Annexation  or  reduction  of  territory — ordinance, 
publication.  Whenever  it  is  deemed  desirable  to  annex  any  terri- 
tory to  the  city,  or  to  reduce  the  boundaries  thereof,  the  general 
council  thereof  may  enact  an  ordinance,  defining  accurately  the 
boundary  of  the  territory  proposed  to  be  annexed  or  stricken  off, 
and  such  ordinance  shall  thereupon  be  published  in  at  least  ten 
issues  of  the  daily  paper  published  in  and  having  the  largest  cir- 
culation in  the  cities.  In  not  less  than  thirty  days  after  the 
enactment  of  such  ordinance,  if  the  publication  or  notice,  as 
herein  provided,  has  been  made  or  given,  and  no  petition  is 
filed  in  the  circuit  court,  as  provided  in  the  next  section,  the 
general  council  may,  by  ordinance,  annex  to  the  city  the  territory 
described  in  the  ordinance  hereinbefore  mentioned,  or  reduce 
the  limits,  as  the  case  may  be;  and  upon  the  enactment  of  such 
ordinance,  such  territory  shall  become  part  of  such  city,  or  shall 
be  stricken  therefrom. 

§  2762.  Remonstrance  against — petition  in  circuit  court. 
Within  thirty  days  after  the  enactment  of  an  ordinance  pro- 
posing to  annex  temtory  to  the  city,  or  to  reduce  the  limits 
thereof,  one  or  more  residents  or  freeholders  of  the  territory 
proposed  to  be  annexed  or  stricken  off  may  file  a  petition  in  the 
circuit  court  of  the  county,  or  any  branch  thereof  having  juris- 
diction in  civil  cases,  setting  forth  the  reasons  vi^hy  such  terri- 
tory or  any  part  thereof  should  not   be  annexed,    or   why   the 


§  2761.  (1)  Boundary,  Where  an 
ordinance  providng  for  the  annexa- 
tion of  territory  was  repealed  after 
proceeding  under  it  had  been  com- 
menced in  Circuit  Court,  the  action 
of  motion  of  city  should  be  dis- 
missed. City  V.  Town  of  Crescent 
Hill,  21  E.  755;  52  S.  W.  1054. 

(2)  Burden  of  proof  is  on  petition- 
ers who  file  petition  resisting  annex- 
ation, and  they  are  entitled  to  con- 
clusion of  argument.  Taxpayers  who 
are  residents  of  the  city  are  com- 
petent jurors.  Ky.  Wagon  Co.  v.  City 
of  Louisville,  97  Ky.  548;  31  S.  W. 
130;   City  v.  Brown,   119   S.   W.   1196. 

(3)  Failure  to  assign  annexed  ter- 
ritory to  a  ward  in  the  city  does  not 
deprive  residents  of  the  territory  of 
anv  lof  their  political  rights.  Specht 
V.  "City,  22  E.  699;  58  S.  W.  607. 

(4)  Ordinance  providing  for  annex- 


ation of  territory — enactment  of.  Os- 
wald V.  Gosnell,  "21  E.  1660;  56  S.  W. 
165;  Specht  v.  City,  22  E.  699;  58  S. 
W.  607. 

(5)  Status  and  political  rights  of 
citizens  of  annexed  territory,  Gibson 
V.  Wood,   105  Ky.  740;  49  S.  W.   768. 

(6)  The  motive  of  the  Council  in 
annexing  territory  can  not  be  in- 
quired into.  Meffert  v.  Brown,  132 
Ky.  201;  116  S.  W.  779;  1177;  see 
Town  of  Williamstown  v.  Matthews 
103  Ky.  121;  Collins  v.  Town  of  Crit- 
tenden, 24  E.  899;  Wooley  v.  City  of 
Louisville,  114  Ky.  556;  71  S.  W.  893. 

§  2762.  When  less  than  75  per 
cent,  of  the  freeholders  in  the  terri- 
tory sought  to  be  annexed  remon- 
strate, the  only  questions  for  the 
jury  to  consider  are  whether  the  an- 
nexation win  benefit  the  city  and 
whether   the   annexation  would   cause 


812  AN  ACT  FOR  THE  GOVERNMENT  OF  2763 

limits  should  not  be  reduced.  Summons  shall  issue  thereon 
and  be  executed  on  the  mayor  or  chief  executive  officer  of  the 
city  as  in  other  cases,  and  the  answer  of  the  city  shall  be  filed 
within  twenty  days  after  the  service  of  the  summons.  The  case 
shall  be  tried  according  to  the  rules  and  practice  prescribed  for 
the  trial  of  jury  cases.  If  the  jury  be  satisfied,  upon  a  hear- 
ing that  less  than  seventy-five  per  cent  of  the  freeholders  of 
the  territory  to  be  annexed  or  stricken  off  have  remonstrated,  and 
that  the  adding  or  striking  off  of  such  territory  to  the  city  will 
be  for  its  interest,  and  will  cause  no  manifest  injury  to  the  per- 
sons owning  real  estate  in  the  territory  sought  to  be  annexed 
or  stricken  off,  it  shall  so  find,  and  said  annexation  or  reduction 
shall  be  approved  and  become  final.  If  the  courts  shall  be  satis- 
fied that  seventy-five  per  cent  or  more  of  the  resident  free- 
holders of  the  territory  sought  to  be  annexed  or  stricken  off 
have  remonstrated,  then  such  annexation  or  reduction  shall  not 
take  place,  unless  the  jury  shall  find  from  the  evidence  that  a 
failure  to  annex  or  strike  off  will  materially  retard  the  pros- 
perity of  such  city,  and  of  the  owners  and  inhabitants  of  the 
territory  sought  to  be  annexed  or  stricken  off.  In  case  the  jury 
shall  so  find,  the  annexation  or  reduction  shall  take  place,  not- 
withstanding the  remonstrance.  An  appeal  from  the  judgment 
of  the  court  may  be  taken,  as  in  other  cases,  but  there  shall  be 
no  change  of  venue  from  the  county.  Costs  shall  follow  the  judg- 
ment. If  the  judgment  of  the  court  be  adverse  to  annexation 
or  reduction,  no  further  effort  to  annex  or  strike  off  such  terri- 
tory shall  be  made  within  two  years  after  the  rendition  of  such 
judgment. 

§2763.  Judgment  certified  to  general  council.  The  judgment 
shall,  when  entered,  be  certified  to  the  general  council  of  the 
city,  who  may  thereupon  annex  to  or  strike  from  the  city  terri- 
tory described  in  the  judgment,  and  such  territory  shall  become, 
or  cease  to  become,  as  the  case  may  be,  a  part  of  the  city. 

§  2764.  Annexing  smaller  cities — liabilities,  corporate  prop- 
erty and  franchises.    In  accordance  with  the  provisions  of  sec- 


nanifest   injury   to  the   persons   own-       of   the    city.      It   is   also   improper   to 
ms  real   estate   in   the   territory.     In       admit     evidence     showing     that     the 


^o 


such  case  it  is  improper  to  admit  Council  discriminated  in  favor  of  cer- 
evidence  that  the  annexation  would  tain  residents  in  making  the  annex- 
not  be  for  the  interest  of  the  proper-  ation,  as  the  City  Council  is  the  sole 
ty-owners  or  would  retard  the  growth  judge  of  what  territory  should  be  an- 


2765 


CITIES  OF  THE  FIRST  CLASS. 


813 


tions  2761,  2762  and  2763  hereof,  it  shall  be  lawful  for  a  city  of 
the  first  class  to  annex  the  territory  of  a  smaller  city  or  town. 
But  the  city  thus  annexing  the  territory  of  another  shall  be 
bound  for  all  the  debts  and  liabilities,  and  shall  be  the  owner  of 
all  corporate  property,  franchises  and  rights  of  such  municipal 
corporation :  Provided,  That  if  only  a  portion  of  the  territory  of 
any  city  or  town  shall  be  annexed,  the  amounts  of  the  existing 
debts  and  liabilities  which  such  city  shall  be  bound  for  shall  be 
in  proportion  as  the  value  of  the  property  so  annexed  bears  to 
the  value  of  all  the  property  of  the  city  or  town  from  which  such 
territory  is  taken,  as  shown  by  the  last  preceding  assessment  of 
the  assessor  of  such  city  or  town. 

SUBDIVISION  III. 

Legislative  Department. 

§  2765.  Board  of  councilmen  and  aldermen  styled  genei*al 
council.  The  legislative  power  of  said  cities  shall  be  in  a  board 
of  twenty-four  councilmen  and  in  a  board  of  twelve  aldermen, 
which  shall  be  styled  the  General  Council. 

§  2766.  Councilmen  elected  by  votevs  of  city — two  from  each 
ward.  Councilmen  shall  be  elected  by  the  qualified  voters  of  the 
city  at  large,  and  so  selected  that  two  shall  be  residents  of  and 
qualified  voters  in  each  ward. 

§  2767.  Aldermen  elected  by  voters  of  the  city.  Aldermen 
shall  be  selected  from  and  elected  by  the  qualified  voters  of  the 
city  at  large. 

§  2768.  General  Council — term  of  office — qualifications — 
official  oath.  Members  of  the  General  Council  shall  hold  their 
office  for  two  years  after  the  election.  They  shall  be  at  least 
twenty-five  years  of  age,  and  shall  be  housekeepers  or  owners 
of  real  estate  in  the  city.  They  shall  hold  no  other  civil  ofliice. 
They  shall  not  be  directly  or  indirectly  interested  in  any  con- 


nexed.     Citv   of  Louisville  v.   Brown, 
119  S.  W.  1196. 
§   2768.    (1)    Terms  of  councilmen. 

This  section  providing  that  members 
of  the  council  shall  hold  their  office 
for  two  years  alfter  the  election  is 
constitutional.  McDermott  v.  Citv 
of  Louisville,  98  Ky.  50;  32  8.  W. 
264;  Louisville  v.  Higdon,  2  Met.  526. 
(2)    Void   contract — councilman   in- 


terested. Under  this  section  a  con- 
tract made  between  the  city  and  a 
member  of  the  council  who  is  inter- 
ested in  the  contract  is  void,  as  is  a 
contract  between  the  city  and  a  cor- 
poration when  an  officer  or  paid 
employe  of  the  corporation  is  a  mem- 
ber of  the  council.  Nunemacher  v. 
City  of  Louisville,  98  Ky.  334;  32  S. 
W.    1091;    Jacques   v.   City   of   Louis- 


814 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2769 


tract  with  said  city,  or  in  any  application  therfor,  or  a  candidate 
for  or  hold  any  office  or  employment  for  pay  in  any  company  or 
corporation  which  holds  or  is  an  applicant  for  any  contract  with 
the  city.  Stockholders  in  corporations  may  be  eligible,  but  shall 
not  vote  on  or  interfere,  directly  or  indirectly,  with  any  matters 
or  question  affecting  a  contract  between  such  company  end  the 
city,  or  its  right  or  duty  under  the  same.  No  person  while  in 
arrears  to  the  city  for  money  collected  shall  be  a  member  of  the 
general  council.  Before  any  member-elect  shall  take  his  seat  in 
either  board,  he  shall  make  an  oath  or  affirmation  that  he  has 
the  qualifications  and  is  free  from  the  disqualifications  prescrib- 
ed herein, 

§  2769.  Representation  equal  and  unifonn — twelve  wards. 
Representation  shall  be  equal  and  uniform,  and  regulated  by  the 
number  of  inhabitants,  as  ascertained  by  the  Federal  census 
made  in  1890,  and  by  the  Federal  census  every  ten  years  there- 
after. The  general  council  shall  lay  off  the  city  into  twelve 
wards,  as  nearly  equal  as  practicable  in  population. 

§  2770.  President  and  clerk  elected  by  each  board.  Each 
board  shall  elect  from  its  members  a  president  thereof  for  one 
year.  In  his  absence  a  president  pi^o  tern  shall  be  chosen  from 
the  members.  Each  board  shall  elect  its  clerk  and  may  elect  a 
sergeant-at-arms. 

§  2771.  Qualification  of  members  judged  by  board — expulsion 
—vacancies,  how  filled.  Each  board  shall  judge  the  eligibility 
and  the  election  of  its  members,  adopt  rules  for  its  proceedings, 
and  punish  its  members  for  disorderly  conduct.  Two-thirds  of 
the  members-elect  concurring,  either  board  may  expel  a  member ; 
but  not  twice  for  the  same  cause.  Vacancies  in  either  board  shall 
be  filled  by  the  general  council,  in  joint  session. 


riUe,  127  Ky.  727;  106  Ky.  308;  Brad- 
ley &  Gilbert  Co.  v.  Jacques,  33  R. 
618;  110  S.  W.  836. 

§  2771.  Qualifications  of  members 
of  council  can  only  be  inquired  into 
by  that  board  of  which  the  person 
claims  to  be  a  member,  and  the  au- 
thority to  expel  or  punish  a  member 
is  lodged  exclusively  in  that  board 
of  which  he  is  a  member.  Neither 
the  other  board  nor  the  General  Coun- 
cil can  punish  or  expel  a  member  of 
•ne   of   the  boards.     Com.   v.   Hillen- 


brand, 96  Ky.  407;  29  S.  W.  287.  The 
fact  that  an  ordinance  authorizing 
a  street  improvement  after  its  com- 
pletion and  another  ordinance  for 
street  improvement  were  passed  by 
the  council  on  the  same  day  is  no 
deifense  to  an  action  to  recover  on 
an  apportionment  warrant.  City  of 
Louisville  v.  Gast,  118  Ky.  564_;  81  S. 
W.  693.  An  election  contest  involv- 
ing the  title  to  the  office  of  each 
member  of  a  council  must  be  con- 
ducted  under  Ky.  Stats.    1596a,   sub- 


2772 


CITIES  OF  THE  FIRST  CLASS. 


815 


§  2772.  Quorum — attendance  enforced — place  and  time  of 
meeting.  A  majority  of  the  members-elect  shall  form  a  quorum 
of  either  board,  but  a  smaller  number  may  adjourn  from  day 
to  day.  The  attendance  of  members  may  be  enforced  by  rules 
or  ordinances  with  appropriate  fines.  The  general  council  shall 
meet  on  the  first  Tuesday  succeeding  the  election.  It  may  ad- 
journ for  not  longer  than  thirty  days.  The  boards  shall  hold 
their  meetings  in  such  separate  rooms  in  the  city  as  may  be  pro- 
vided by  ordinance,  and  the  place  of  meeting  shall  not  be  changed 
except  by  an  ordinance,  for  which  two-thirds  of  the  members  of 

each  board  have  voted. 

§  2773.  Journal — publication  of  proceedings.  Each  board 
shall  keep  a  correct  journal  of  its  proceedings.  (As  amended 
by  Acts  of  Legislature  1918,  p.  650.) 

§  2774.  Ordinances  to  be  published.  (Repealed  by  act  of 
1918.    See  acts  p.  650.) 

§  2775.  Public  records — copies  evidence — judicial  notice.  All 
official  papers,  proceedings,  and  records  of  the  former  officers 
and  general  councils,  and  trustees,  and  of  the  present  and  suc- 
ceeding officers,  general  councils,  and  trustees  of  the  city,  under 
previous  charters  and  under  this  and  succeeding  acts,  are  hereby 
declared  public  records,  and  as  such  shall  be  preserved  and  be 


section  12,  and  not  under  sec.  2771. 
Scholl  V.  Bell,  125  Ky.  750;  102  S.  W. 
248. 

§  2773.  (1)  Directory.  This  sec- 
tion in  so  far  as  it  relates  to  the 
publication  of  ordinance  is  merelv 
direetoTT.  Eeed  v.  City  22  E.  1636; 
61  S.  W.   11. 

(2)  Record  of  board  of  council. 
The  city  charter  Requires  that  each 
board  of  the  council  shall  keep  ? 
correct  journal  of  its  proceedings. 
How  journals  are  to  be  kept.  Louis- 
ville   V.   MeKegney,    7   Bush   651. 

§  2774.  This  section  compared  with 
Ky.  Stats.,  Sees.  3045  and  3638.  City 
of  Newport  v.  Newport  National 
Bank,  148  Ky.  213;  146  S.  W.  377. 
See  Citv  of  Louisville  v.  Parsons,  150 
Ky.  420;  15  S.  W.  498. 

§  2775.  (1)  Evidence — judicial  no- 
tice. Copies  of  the  jumal  which 
each  board  is  rejuired  to  keep  of  its 
proceedings  may  be  used  as  evidence 


when  attested  by  the  clerk  of  the  re- 
spective    boards.       Copies     of     ordi- 
nances,   joint     resolution    and     other 
documents,    the    result    of    the    joint 
action    of    the    two    boards,    may    be 
used    as    evidence    when    certified    by 
the    Mayor.      Barret    v.    Godshaw,    12 
Bush   592.     And  the   court   will  take 
judicial  notice  of  ordinances.     Gaert 
ner  v.   Lou   Stone   Co.,   114  Ky.    160 
70    S.    W.    293;    and    see    Wooley    v 
Citv,    114    Ky.    556;    71    S.    W.  '893 
City   V.   Cassady,   105   Ky.  424;   49   S 
W.    194;    Farmers    &    Shippers'    Tob 
Wh.    V.    Gibbons,    24    E.    1670;    72    S 
W.   12.     Ordinance  sufficiently  plead 
ed  when   it   was  stated   a   hotel   was 
being    ^operated    in    violation    of    the 
ordinance,    them   giving   its   title    and 
date   of   approval   especially,   in   view 
of  this   section.     Louisville   Trust   Co. 
V.    Morgan,   180   Ky.   609;    203    S.   W. 
555. 

(2)  Notice  to  citizens  and  tax-pay- 
ers.    The  proceedings  of  the  general 


816 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2776 


entitled  to  all  faith  and  credit  of  public  records.  Official  copies 
thereof  may  be  read  in  all  courts  as  public  records.  The  courts 
in  this  Commonwealth  shall  take  judicial  cognizance  of  the  ordi- 
nances of  the  city,  and  the  printed  copy  officially  published  by 
the  city  may  be  read  as  evidence  in  any  trial  in  which  the  same 
may  be  competent  evidence  without  proof  of  the  due  passage  and 
approval  of  said  ordinance.  Until  the  biennial  publication  of 
the  ordinances  by  the  city,  a  certified  copy  from  the  comptroller's 
office  of  an  ordinance  may  be  read  with  the  same  effect  as  if  it 
had  been  officially  published. 

§  2776.  Councilmen  exempt  from  jury  or  military  service — 
privileged.  Members  of  the  General  Council  shall  be  exempt  from 
serving  on  juries  and  from  military  duty  during  their  term.  For 
anything  said  in  debate  they  shall  not  be  elsewhere  questioned. 

§  2777.  Ordinance — passage — one  subject — amendments.  No 
ordinance  shall  be  passed  until  it  shall  have  been  read  in  full  in 
each  board  and  free  discussion  allowed  thereon,  and  no  ordinance 
shall  pass  both  boards  on  the  same  day.  No  ordinance  shall  em- 
brace more  than  one  subject,  and  that  shall  be  expressed  in  its 


council  are  public  records,  and  citi- 
zens and  tax-payers  are  bound  ts 
take  notice  of  them.  Barret  v.  God- 
shaw,  12  Bush  592.  Parties  dealing 
with  the  corporation  through  its 
jflficers  are  bound  to  take  the  same 
notice  of  its  laws  and  ordinances 
that  a  citizen  of  the  State  has  to 
with  reference  to  its  laws.  Murphy 
V.  Louisville,  9  Bush  189;  Craycraft 
V.  Selvage  10  Bush,  696;  Wooley  v. 
Louisville, '71  S.  W.  893;  114  Ky.  556. 

(3)  Effect  of  statute  making  copies 
of  the  ordinance  authorizing  work, 
a  copy  of  the  contract,  etc.,  prima 
facie  evidence.  McHenry  v.  Selvage, 
99  Ky.  23;  354  S.  W.  645;  City  of 
Louisville  v.  Parsons,  150  Ky.  420; 
150  S.  W.  498.  Courts  must  take  ju- 
dicial notice  of  the  ordinances  of  the 
Citv  of  Louisville.  Weiss  v.  Coms. 
of  Sewerage,  152  Ky.  552;  153  S.  W. 
967. 

(4)  All  records  •which  officers  of 
a  city  are  required  to  keep  either  by 
statute  or  by  valid  ordinances  of  the 
city  are  public  records  and  may  be 
inspected  by  any  person,  though  de- 
siring to  bring  suit  against  the  city. 


But  otherpapers,  though  kept  by  such 
officers,  are  not  subject  to  inspection 
by  the  public.  Barrickman  v.  Lyman, 
154  Ky.  630;  155  Ky.  710;  157  S.  W. 
924;   160  S.  W.  267. 

(5)  Under  the  above  section  the 
courts  are  required  to  take  judicial 
notice  of  ordinances  of  the  city  and 
this  dispenses  with  the  necessity  of 
introducing  these  ordinances  in  evi- 
dence. Gnau  v.  Ackerman.  166  Ky. 
258,  179  S.  W.  217. 

§2777.  (1)  Enjoining  passage  of 
ordinance.  The  passage  of  ordi- 
nances and  resolutions  concerning 
the  governmental  and  public  affairs 
of  the  municipality  over  which  the 
council  has  discretionary  authority 
can  not  be  enjoined;  but  where  the 
council  is  by  ordinance  about  to 
make  an  illegal  disposition  of  wharf 
property,  equity  may  enjoin  the 
passage  of  such  ordinance  upon  the 
petition  of  tax-payers.  Koberts  v. 
City  of  Louisville.  92  Ky.  95;  17  S. 
W.  216. 

(2)  Passage  of  ordinance — suffici- 
encv  of  title  and  reading.  Elliot  v. 
City  of  Louisville,  101  Ky.  262;  40  S. 


2778 


CITIES  OF  THE  FIRST  CLASS. 


817 


title.     No  ordinance  shall  be  altered  or  amended  in  any  way  ex- 
cept by  repealing  it. 

§  2778.  Propositions  to  raise  money  to  originate  in  Board  of 
Coiincilmen.  Propositions  for  raising  money  must  originate  in 
the  board  of  councilmen ;  but  the  board  of  aldermen  may  propose 
amendments  thereto,  as  in  other  propositions,  provided  it  does 
not,  under  color  of  amendment,  introduce  matter  not  relating  to 
the  subject. 

§  2779.  Member  not  eligible  to  office  by  election  of  board. 
No  member  of  the  general  council,  during  the  term  for  which  he 
was  chosen,  shall  be  eligible  to  any  office  by  appointment  or  by 
election  of  said  general  council,  or  either  branch  thereof. 

§  2780.     Officers  or  agents — ordinance  providing  for  election. 

All  officers  or  agents  of  the  city,  in  any  of  its  departments,  not 


W.  690;  and  see  Oswald  v.  Gosuell, 
21  E.  1660;  56  S.  W.  165;  City  v. 
Gast,  118  Kv.  564;  81  S.  W.  693;  Citv 
V.  Wehmhoff  116  Ky.  812;  76  S.  W. 
876. 

(3)  Second  reading  if  ordinance 
may  be  dispensed  with,  at  the  same 
meeting  of  the  council  at  which  it 
had  its  first  reading  although  the 
charter  provides  that  no  ordinance 
shall  be  passed  until  it  has  been  read 
in  each  board  at  two  several  meet- 
ings, unless  that  provision  be  sus- 
pended by  a  vote  of  all  the  members 
elect."  Nevin  v.  Eoach,  86  Ky.  492; 
5  S.  W.  546.  The  record  of  the  coun- 
cil being  conclusive  can  not  be  over- 
come by  the  recollection  of  a  wit- 
ness. Barfield  v.  Gleason,  111  Ky. 
49;   63   S.   W.  964. 

Sufficiency  of  title.  Gocke  v.  Staeb- 
ler  &  McFarland,  141  Ky.  66;  132 
S.  W.  167. 

(4)  Enacting  two  ordinances  at 
same  time.  Under  Section  2777,  we 
should  hesitate  to  hold,  in  the  ab- 
sence of  an  express  statutory  decla- 
ration on  the  question,  that  an  ordi- 
nance was  void  for  the  reason  that 
it  was  one  of  two  ordinances  which 
were  passed  iby  the  council  at  the 
same  time,  relating  to  the  same  sub- 
ject, there  being  no  objection  there- 
to hy  any  member  of  the  council. 
City  V.  Gast,  118  Ky.  435;  81  S.  W. 
693. 


"Xo  ordinance  shall  embrace  more 
than  one  subject."  City  of  Louis- 
ville V.  Wehmhoff  et  al.,  116  Kv.  812; 
76  S.  W.  876;  City  of  Paducah  v. 
Eagsdale,  28  E.   1060;  92  S.  W.  13. 

(5)  Franchise  ordinance.  The  fact 
that  an  ordinance  was  passed  on  the 
same  day  that  it  was  introduced  does 
not  necessarily  show  that  a  free  dis- 
cussion has  not  been  had,  so  as  to  au- 
thorize the  court  to  interfere.  An  or- 
dinance making  an  agreement  with  a 
proposed  purchaser  of  a  gas  fran- 
chise offered  for  sale  by  another  or- 
dinance, that  it  might  in  considera- 
tion of  becoming  a  bidder  for  the 
gas  franchise  acquire  an  existing 
electric  company  which  was  forbid- 
den to  consolidate  with  a  competing 
company  of  which  the  proposed  pur- 
chaser had  control,  and  that  the  city 
would  waive  the  prohibition,  is  not 
invalid,  since  the  statute  was  not 
intended  to  affect  private  rights  of 
parties  obtained  under  ordinance. 
Gathright  v.  H.  M.  Byllesby  &  Co., 
154  Ky.  106;  157  S.  W.  45;  Cited  in 
Swann  v.  City  of  Murray  146  Ky. 
148;    142  S.   W.   244. 

§  2780.  Can  the  city  create  new 
officers?  See  Collopy  v.  Clotherty, 
95  Ky.  330;  25  S.  W.  497;  City  of 
Louisville  v.  Wilson,  99  Ky.  598; 
Lowrv  V.  City  of  Lexington,  113  Ky. 
772;  68  S.  W.  1109;  116  Ky.  162;  75 
S.   W.   202.     How  far  a   city  council 


818 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2781 


herein  required  to  be  otherwise  elected  or  appointed,  shall  be 
elected  or  appointed  in  such  manner  as  may  be  prescribed  by 
ordinance. 

§  2781.  Executive  and  ministerial  officers — how  removed. 
Executive  and  ministerial  officers,  unless  otherwise  provided  in 
this  act,  shall  be  removable  by  the  board  of  aldermen,  sitting  as 
a  court,  under  oath  or  affirmation,  upon  charges  preferred  by 
the  mayor,  or  any  two  members  of  the  board  of  councilmen,  and 
in  case  of  the  mayor  upon  charges  preferred  by  the  board  of 
councilmen:  Provided,  hoivever,  That  any  person  removed 
from  office  under  the  provisions  of  this  section  shall  have  the 
right  of  appeal  to  the  circuit  court  and  from  there  to  the  court  of 
appeals,  and  said  appeal  to  the  circuit  court  shall  be  taken  and 
tried  in  the  same  manner  that  appeals  from  the  quarterly  courts 
to  the  circuit  court  are  taken  and  tried.  {Section  as  amended  by 
act  of  March  15,  1900.) 

§  2782.  Ordinance  imposing  fine  for  misdemeanor.  The  gen- 
eral council  shall  have  power  to  pass  ordinances  imposing  fines, 
not  exceeding  one  hundred  dollars,  for  any  designated  misde- 
meanor not  provided  for  by  the  general  laws  of  the  Common- 
wealth; but  in  cases  where  the  General  Statutes  of  the  Common- 
wealth impose  a  fine  not  exceeding  one  hundred  dollars  such  fine 
may  be  increased  by  ordinance. 

§  2783.  Power  to  pass  ordinance  not  in  conflict  with  the  con- 
stitution and  statutes.  The  General  Council  shall  have  power  to 
pass,  for  the  government  of  the  city,  any  ordinance  not  in  con- 


may  abolish  minor  positions  in  the 
office  of  the  City  Attorney.  Under- 
wood V.  Wilhite,  139  Ky.  116;  129 
S.  W.  548.  See  also  on  this  section 
Citv  of  Louisville  v.  Parsons,  150  Ky. 
420;    150  S.   W.  498. 

§  2781.  (1)  Removal  of  officers. 
The  cause  must  ibe  such  as  consti- 
tutes malfeasance  in  office  or  ren- 
ders the  offender  unfit  to  discharge 
his  duties.  Members  of  boards  of 
public  works  and  safety  can  not  be 
removed  by  the  mayor  or  board  of 
aldermen,  except  for  cause,  and  after 
notice  and  an  opportunity  to  be 
heard.  Todd  v.  Dunlap,  99  Ky.  449; 
36  S.  W.   541. 

(2)     The  board    of    aldermen    has 


power  in  a  proper  state  of  case  to 
remove  a  municipal  officer — a  park 
commissioner.  Gibbs  v.  Board  of  Al- 
dermen. 99  Ky.  490;  36  S.  W.  524. 

§  2782.  A  defendant  having  been 
fined  $25,  can  not  complain  that  the 
ordinance  imposing  the  fine  author- 
ized both  fine  and  imprisonment 
when  under  the  statute  the  council 
had  authority  to  provide  only  for  a 
fine.  Keiper  v.  Citv  of  Louisville, 
152  Ky.  691;  154  S.  W.  18.  See  also 
H-sTnan  v.  Boldrick,  Judge,  153  Kv. 
77;   154  S.  W.  369. 

§  2783.  General  power  of  legisla- 
tion. General  Council  has  no  general 
power  of  legislaton.  It  only  has 
power  to  pass  ordinances  and  enforce 


2783a 


CITIES  OF  THE  FIRST  CLASS. 


819 


flict  with  the  Constitution  of  the  United  States,  the  Constitution 
of  Kentucky,  and  the  statutes  thereof. 

§  2783a.  Gas  company  stock — sale  authorized — disposition  of 
proceeds.  1.  That  wherever  any  city  of  the  first  class  shall 
own  any  stock  in  a  gas  company  carrying  on  business  within  its 
boundaries,  the  said  city  shall  have  the  right  to  sell  or  dispose  of 
the  same  upon  such  terms  as  may  be  prescribed  by  ordinance  duly 
passed  by  the  general  council  of  the  said  city  and  approved  by  its 
mayor,  in  the  manner  that  other  ordinances  are  so  passed  and 
approved,  but  said  stock  shall  not  be  sold  for  less  than  par. 

2.  The  proceeds  of  the  sale  of  any  such  stock  shall  be  applied, 
so  far  as  they  will  suffice  for  that  purpose,  to  the  construction 
of  public  sewers,  and  held  and  used  solely  for  that  purpose,  but 
the  purchaser  or  purchasers  of  such  stock  shall  not  be  required 
to  look  to  the  application  of  the  purchase  money. 

3.  The  general  council  may,  on  such  terms  and  conditions 
as  shall  be  prescribed  by  ordinance  passed  as  aforesaid,  author- 
ize the  mayor  of  said  city  to  consent,  on  behalf  of  the  general 
council,  to  such  amendments  to  the  charter  of  any  such  gas  com- 
pany as  may  be  approved  by  the  board  of  directors  of  any  such 
gas  company,  and  so  as  to  vest  in  the  said  board  of  directors  and 


them  as  mere  police  regulations, 
Dolfinger  v.  Fishback.  12  Bush. 
474;  City  of  Louisville  v.  Gast,  etc., 
118  Ky.  564.  But  see  City  of  Louis- 
ville V.  Wehmhoff,  116  Ky.  812;  76  S. 
W.  876.  Power  to  pass  an  ordinance 
regulating  second-hand  dealers  and 
pawn  shops  upheld.  Hyman  v.  Bold- 
rick,  153  Ky.  77;  154  S.  W.  369.  Ter- 
ritory within  reasonable  limits  that 
shall  bear  the  cost  of  the  construc- 
tion of  a  public  fire  system  may  be 
defined  by  ordinance.  Louisville 
Steam-Forge  Co.  v.  Anderson,  22  E. 
397;  57  S.  W.  617.  The  fact  that  an 
ordinance  passed  iboth  boards  of  the 
general  council  on  the  same  day  does 
not  render  it  invalid  where  it  was 
subsequently  passed  by  the  board  in 
which  it  originated.  Specht  v.  City 
of  L-ouisvlle,  22  E.  699;  58  S.  W.  607. 
City  ordinance  regulating  fire-es- 
capes does  not  apply  to  blind  insti- 
tutions. Ky.  Inst,  for  Ed.  of  Blind  v. 
City  of  Louisville,  123  Ky.  767;  97 
S.  W.  402.     An  ordinance  prohibiting 


the  erection  of  a  frame  building  with- 
in sixty  feet  of  a  brick  structure 
without  the  consent  of  the  owner  of 
the  latter  is  void.  Tilford  v.  Belknap, 
126  Ky.  244;  103  S.  W.  289.  The 
right  of  the  Cumberland  Telephone 
&  Telegraph  Company  to  occupy  the 
streets  of  the  city  held  not  revoca- 
ble by  the  city.  City  of  Ijouisville  v." 
Cumb.  Tel.  &  Tel.  Co.,  224  U.  S.  649. 
A  judgment  enjoining  as  confiscatory 
an  ordinance  regulating  telephone 
rates  reversed.  City  of  Louisville  v. 
Cumb.  Tel.  &  Tel.  Co.,  225  U.  S.  430; 
32  Sup.  Cet.  Eep.  741.  An  ordinance 
segregating  whites  and  negroes  in 
homes,  etc.,  upheld.  Harris  v.  City 
of  Louisville,  165  Ky.  559;  177  S.  W. 
472. 

The  council  of  a  city  of  the  first 
class  can  not  by  joint  resolution  in- 
cur an  indebtedness  or  create  liabili- 
ty or  authorize  the  expenditure  of 
public  funds.  Citv  of  Louisville  v. 
Parsons,  150  Ky.  420;   150  S.  W.  498. 


820 AN  ACT  FOR  THE  GOVERNMENT  OF 2784 

stockholders  of  said  company  the  same  power  and  authority  to 
deal  with  its  charter  as  the  stockholders  and  directors  of  any 
other  corporation  organized  under  the  law  of  the  State  of  Ken- 
tucky would  have.  {This  section  is  an  act  of  March  20,  1902; 
the  numbers  of  the  sub-sections  are  numbers  of  sections  of  the 
act.) 

SUBDIVISION  IV. 

Executive  Department. 

§  2784.  Mayor  and  executive  boards — election  of  Mayor — 
term.  The  executive  power  shall  be  vested  in  the  Mayor  and  in 
the  boards  and  departments  authorized  by  this  act.  The  mayor 
shall  be  elected  by  the  qualified  voters  of  the  city  on  the  first 
Tuesday  after  the  first  Monday  in  November,  1893,  and  at  the 
regular  election  every  four  years  thereafter. 

§  2785.  Mayor  chief  executive — eligibility  to  office.  The 
mayor  shall  be  the  chief  executive  officer  of  the  city.  Any  per- 
son shall  be  eligible  to  the  office  who  is  thirty  years  of  age,  and 
who  has  been  a  citizen  and  resident  of  the  State  three  years,  and 
a  resident  of  the  city  for  which  he  may  be  elected  mayor  three 
years  next  before  his  election. 

§  2786.  Mayor  can  not  be  interested  in  contract  with  city. 
No  person  shall  be  mayor  who  is,  directly  or  indirectly,  interested 
in  any  contract  with  the  city  as  principal  or  surety. 

§2787.  Election  of  Mayor — tie  vote — General  Council  to 
choose.  If  two  or  more  candidates  for  Mayor  receive  the  same 
number  of  votes,  and  this  number  of  votes  is  greater  than  the 
number  of  votes  cast  for  any  other  candidate,  one  of  them  shall 
be  chosen  mayor  by  a  vote  of  the  majority  of  all  the  members 
of  the  general  council  in  joint  session,  immediately  after  its 
organization. 

§  2788.  Vacancy — how  filled — Mayor  pro  tern.  When  a 
vacancy  shall  take  place  in  the  office  of  mayor,  a  mayor  pro 
tempore  shall  be  chosen  by  the  general  council,  in  joint  session, 


§    2788.     (1)    Vacancy — how      and  only   Presidential    electors   are  to   be 

•when  filled.     When  a  vacancy  occurs  chosen,     and     no     muncipal     officers, 

in   the   office   of   mayor,   and 'is   filled  Todd   v.   Johnson   99   Ky.    548;    36    S. 

as    provided    in    this    section    by    the  W.   987;    and   this   rule   applies   to   all 

council,   three  months  before   a   regu-  elective  municipal  offices  in  which  a 

lar  election  is  held,  the  vacancy  must  vacancy     occurs     more      than     three 

be    filled    at    said    election,    although  months     before     a     regular     election. 


2789 


CITIES  OF  THE  FIRST  CLASS. 


821 


by  the  votes  of  a  majority  of  the  members  elected.  If  the  va- 
cancy occur  three  months  or  more  prior  to  a  regular  municipal 
election,  a  mayor  shall  be  chosen  for  the  unexpired  term  at  the 
said  election.  If  the  vacancy  occur  within  three  months,  the 
mayor  pro  tempore  chosen  by  the  general  council  shall  serve 
until  the  regular  election  for  mayor.  It  shall  be  the  duty  of  the 
president  of  the  board  of  aldermen  to  issue  his  proclamation  for 
such  joint  session,  to  be  held  not  less  than  ten  nor  more  than 
twenty  days  after  such  vacancy  shall  take  place.  Until  the  va- 
cancy is  filled,  the  president  of  the  board  of  aldermen  shall  act 
as  mayor. 

§  2789.  Absence  or  disability  of  Mayor — who  to  act — compen- 
sation. Should  the  Mayor  be  temporarily  absent  or  unable  to 
discharge  his  duties,  his  office  shall  be  administered  by  the  presi- 
dent of  the  board  of  aldermen,  who  shall  continue  to  discharge 
the  duties  of  the  office  during  the  continuance  of  the  disability 
or  the  absence  of  the  mayor.  His  compensation  shall  be  deter- 
mined by  the  general  council,  but  shall  not  exceed  the  rate  allowed 
the  mayor,  and  the  sum  so  paid  may  be  deducted  in  whole  or  in 
part  from  the  salary  of  the  mayor,  or  as  the  general  council  may 
deteimine. 

§  2790.  When  Mayor  to  take  office.  The  Mayor  shall  take 
office  on  the  second  Tuesday  after  the  first  Monday  in  November 
succeeding  his  election. 

§  2791.  Duties  to  be  performed  by  Mayor.  It  shall  be  the 
duty  of  the  Mayor: 

1.  To  be  vigilant  and  active  in  causing  the  ordinances  of  the 
city  and  the  laws  of  the  State  to  be  executed  and  enforced. 

2.  To  communicate  to  the  general  council,  at  least  once  a 
year,  a  statement  of  the  finances  and  general  condition  of  the 
affairs  of  the  city,  and  also  such  information  in  relation  to  the 


Shelley  v.  McCiiUough,  97  Ky.  164; 
30  S.  W.  193;  but  see  notes  to  sec. 
152,  Con. 

(2)  Election  to  fill  a  vacancy  may 
be  held  on  the  same  day  as  a  con- 
gressional election  and  also  at  a 
regular  election  at  which  no  other 
municipal  officers  are  to  be  chosen. 
Sehlley  v.  McCuUough,  97  Ky.  161; 
30  S.  W.  193;  but  see  notes  to  Con., 
see.  152. 


§  2791.  Power  to  make  contracts 
for  city.  The  mayor  can  not,  as  a 
general  rule,  employ  counsel  to  rep- 
resent the  city  in  a  litigation.  City 
of  Owensboro  v.  Weir,  95  Ky.  158; 
24  S.  W.  115.  But  cases  of  emergen- 
cy may  arise  Wihere  the  power  must 
necessarily  exist.  Louisville  v.  Mur- 
phy, 86  Ky.  53;  5  S.  W.  194.  See  also 
District  of  Highlands  v.  Miehie,  32 
R.   762;   107  S.  W.  216;   City  of  Xew- 


822 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2792 


same  as  either  branch  of  the  general  council  may,  from  time  to 
time,  require. 

3.  To  recommend  by  message,-  in  writing,  to  the  general  coun- 
cil all  such  measures  connected  with  the  affairs  of  the  city  as  he 
shall  deem  expedient. 

4.  To  fill,  with  the  consent  of  the  board  of ,  aldermen,  all 
vacancies  in  executive  and  ministerial  offices  not  herein  other- 
wise provided  for. 

§  2792.  AppointmeRt  and  removal  of  Mayor's  clerk.  The 
mayor  may  appoint  his  own  clerk  and  rem^ove  him  at  pleasure. 

§  2793.  Supervision  over  executive  and  ministerial  officers. 
He  shall  exercise  a  general  supervision  over  all  the  executive  and 
ministerial  officers  of  the  city,  and  see  that  their  official  duties 
are  honestly  performed.  He  may  require  from  them  statements 
in  writing  concerning  the  discharge  of  their  duties. 

§  2794.  Removal  of  officials  appointed  by  Mayor.  He  may, 
by  a  written  order,  giving  his  reasons  therefor,  remove  from 
office  any  head  of  a  department,  director,  or  other  officer  ap- 
pointed to  him.  A  copy  of  said  order  shall  be  sent  to  the  board 
of  aldermen  at  its  next  meeting.  Unless  such  order  be  disap- 
proved by  the  board  of  aldermen  within  thirty  days,  said  order 
shall  stand. 

§  2795.  Ordinances  and  resolutions  to  be  presented  to  mayor 
— vetoes — withholding.  Except  a  resolution  to  adjourn,  every 
proposed  ordinance  or  joint  resolution  which  has  passed  the  gen- 
eral council  shall  be  presented  to  the  mayor,  and  if  he  approve  it 


port  V.  Sehoolfield,  142  Ky.  292;  134 
S.  W.  503.  See  also  as  to  the  re- 
spectve  powers  of  appointment 
where  an  election  is  held  void.  SehoU 
V.  Bell,   125  Ky.   750;    102   S.  W.   248. 

§  2794.  Removal  from  office.  This 
section  does  not  invest  the  mayor 
with  arbitrary  power  to  remove  offi- 
cers— appointed  for  a  definite  term — 
without  notice  or  an  opportunity  to 
be  heard.  Todd  v.  Dunlap,  99  Ky. 
449;  36  S.  W.  541. 

§  2795.  (1)  Return  of  ordinance  by- 
mayor  to  correct  an  error  in  its  pas- 
sage is  not  a  veto  message  in  mean- 
ing of  this  section.  Oswald  v.  Gos- 
nell,  21  E.  1660;  56  S.  W.  165. 

(2)  Right  to  adjourn  general  coun- 
cil.    Under  the  old  charter  of  Louis- 


ville the  mayor  had  the  right  to  ad- 
journ the  general  council  only  when 
the  two  boards,  being  in  joint  ses- 
sion, could  not  agree  on  an  adjourn- 
ment; and  in  such  case  the  mayor 
must  adjourn  both  boards  and  not 
merely  one  of  them.  Tilman  v.  Otter. 
93  Ky.  600;   20  S.  W.   1036;   29  L.  R. 

A.  lio. 

(3)  The  provisions  of  this  section 

distinguished  from  the  provisions  of 
Section  3045.  City  of  Newport  v. 
Newport  National  Bank,  148  Ky.  213; 
146  S.  W.  377. 

(4)  Legislation  must  be  by  ordi- 
nance and  so  must  contract  involv- 
ing expenditure  of  money.  City  v. 
Parsons,  150  Ky.  420;   150  S.  W.  498. 


2796 CITIES  OF  THE  FIRST  CLASS. 823 

he  shall  sign  it,  and  then  it  shall  be  obligatory;  but  if  he  disap- 
prove it,  he  shall  return  it,  with  his  objections  in  writing  to  the 
board  in  which  it  originated,  and  said  board  shall  then  reconsider 
the  same,  and  if  two-thirds  of  the  members-elect  concur  in  adopt- 
ing it  again,  it  shall  be  sent,  with  the  mayor's  objections,  to  the 
other  board,  where  it  shall  also  be  reconsidered,  and  if  again 
passed  by  the  votes  of  two-thirds  of  its  members,  it  shall  be  obli- 
gatory ;  but  in  such  cases  the  votes  in  each  board  shall  be  taken 
by  yeas  and  nays  and  recorded  in  the  journal.  Should  the  mayor 
withhold  a  proposed  ordinance  or  resolution  beyond  the  day  for 
the  next  regular  meeting,  and  the  general  council  actually  meet, 
if  three  days  have  intervened  between  the  presentation  to  the 
mayor  and  said  meeting,  it  shall  be  obligatory  as  if  signed. 

§  2796.  Appropriation  bills — disapproval  of  items.  The  mayor 
may  disapprove  of  any  item  or  items  of  any  bill  making  appro- 
priations, and  the  part  or  parts  of  the  bill  approved  shall  be  the 
law,  and  the  item  or  items  disapproved  shall  be  void,  unless  re- 
passed according  to  the  rules  and  limitations  prescribed  by  law 
for  the  passage  of  bills  over  the  mayor's  veto. 

§  2797.  Appointment  of  persons  to  examine  departments  and 
offices.  The  Mayor  shall,  as  often  as  he  may  think  proper, 
appoint  not  more  than  three  competent  persons  to  examine,  with- 
out notice,  the  affairs  and  accounts  of  any  city  department,  trus- 
tee, officer,  or  employe,  and  the  money,  securities,  and  property 
belonging  to  the  city  in  the  possession  or  charge  of  such  depart- 
ment, trustee,  officer,  or  employe,  and  report  to  him  the  result 
of  such  investigation. 

§  2798.  General  Council  may  be  convened  at  any  time.  The 
mayor  may  convene  the  general  council  at  any  time. 

§2799.  Power  to  administer  oaths.  The  mayor  shall  have 
the  same  power  to  administer  oaths  or  affirm.ations  that  jus- 
tices of  the  peace  and  other  judicial  officers  of  this  Common- 
wealth have. 

§  2800.  Salary,  five  thousand  dollars.  The  mayor  shall  re- 
ceive a  salary  of  five  thousand  dollars  a  year. 

§  2801.  Powei'  to  appoint  city  buyer — approval  of  piu'chase. 
The  mayor  shall  have  the  power,  with  the  approval  of  the  board 
of  aldermen,  to  appoint  a  city  buyer,  whose  duty  it  shall  be  to 
purchase  all  articles  needed  by  the  city  in  its  several  depart- 
ments.    All  purchases  made  by  him  shall  be  approved  by  the 


824 AN  ACT  FOR  THE  GOVERNMENT  OF  2801a 

mayor  if  the  amount  to  be  expended  be  under  two  thousand  dol- 
lars, or  by  the  general  council  and  the  mayor  if  the  amount  exceed 
two  thousand  dollars.  He  shall  report  each  day  to  the  comp- 
troller the  purchases  made  by  him. 

§  2801a.     Public    library — mayor    may    arrange    to    provide. 

That  the  mayor,  with  the  consent  of  the  general  council  may,  by 
contract,  enter  into  an  arrangement  for  a  period  not  exceeding 
five  years,  and  renew  the  same  from  time  to  time  thereafter, 
with  the  association  or  corporation  owning  or  controlling  an  ex- 
isting library  in  any  such  city,  which  contains  not  less  than  fifty 
thousand  volumes,  to  the  end  that  such  library  shall  be  free  and 
open  to  the  public,  and  all  persons  residing  or  sojourning  in  any 
such  city,  at  all  reasonable  times  and  under  proper  and  reason- 
able regulations  (except  that  it  may  be  closed  on  Sunday,  if 
deemed  proper  by  such  association  or  corporation).  In  said 
contract  it  shall  be  provided  that  such  library  shall,  during  the 
period  thereby  covered,  be  open  and  free  to  the  general  public 
as  aforesaid,  the  uses,  privileges  and  facilities  thereof,  subject 
to  the  reasonable  and  proper  direction  and  regulation  of  its  gov- 
erning body,  being  equal  and  free  to  all  persons  applying  there- 
for; that  it  shall  be  non-sectarian,  and  be  so  conducted,  and  its 
reading  room  or  rooms,  and  its  circulating  department  shall  be 
maintained  free  and  open  to  the  general  public. 

2.  Tax  levy  for  library  purposes — reports  concerning  to 
Mayor.  As  consideration  for  such  public  use,  such  city  shall 
annually  in  its  annual  ordinance  fixing  the  tax  rate  include  a 
levy  for  library  purposes  not  exceeding  two  cents  on  each  one 
hundred  dollars'  worth  of  property  assessed  for  taxation  for  city 
purposes,  and  the  amount  levied  as  above  shall  annually  be  pass- 
ed to  the  credit  of  the  library  fund,  upon  the  books  of  said  city, 
and  the  said  amounts  as  collected  shall  be  paid  over  to  the  asso- 
ciation or  corporation  aforesaid,  by  the  treasurer,  in  regular 
weekly  installments,  the  first  payment  to  be  made  within  one 
week  after  the  collection  of  the  said  amount  shall  have  been 
commenced,  and  the  other  payments  to  be  made  weekly  there- 
after in  current  money  by  the  said  treasurer  as  collected;  all 
money  so  received  by  such  association  or  corporation  shall  be 
used  in  conducting  and  maintaining  said  library  for  the  public 
purposes  aforesaid  and  for  none  other.  Said  corporation  or 
association  shall  annually,  in  the  month  of  September  make  a 


2801b  CITIES  OF  THE  FIRST  CLASS. 825 

report  to  the  mayor,  showing  statistics  covering  the  attendance 
at  and  the  use  of  the  books  of  the  Hbrary,  the  receipts  and  ex- 
penditures of  all  moneys  handled  by  it  during  the  year,  and  such 
other  inf ormatios  as  may  bear  upon  the  usefulness  of  said  library 
to  the  public.  (This  section  is  an  act  of  March  15,  1898;  the 
mimhers  of  the  subsections  are  the  numbers  of  the  sections  of  the 
act;  the  last  section  of  the  act  will  be  found  in  section  2981.) 

§  2801b.  1.  Free  library  may  be  established.  That  any  city 
of  the  first  class  may  establish  and  maintain  within  its  corporate 
limits  a  free  public  library,  with  circulating  and  reference  de- 
partments and  reading  rooms,  or  any  of  them,  for  the  use  and 
benefit  of  the  residents  thereof,  with  such  branches  and  stations 
as  the  board  of  trustees,  hereinafter  provided,  may,  from  time 
to  time,  deem  proper  or  necessary.  All  the  uses  and  privileges 
of  such  library  shall  forever  be  free  and  equal  to  all  residents  of 
such  city,  subject  only  to  the  rules  and  regulations  established  by 
the  board  of  trustees.  But  said  board  may  extend  the  privilege 
and  use  of  such  library  and  reading  rooms  to  persons  residing 
outside  of  such  city,  upon  such  terms  and  conditions  as  said 
board  may,  froni  time  to  time,  by  its  regulations,  prescribe. 

2.  Act  becomes  operative  v/lien  council  so  ordains.  The  gen- 
eral council  of  any  such  city  may,  by  ordinance,  signify  its 
purpose  or  intent  to  establish  a  free  library  under  the  provi- 
sions of  this  act,  and,  when  it  shall  have  so  ordained  or  resolved, 
the  said  city  shall  thereafter  be  treated  as  having  exercised  its 
discretion  to  establish  such  library,  and  the  consequent  provi- 
sions of  this  act  shall  then  become  operative. 

3.  Trustees  to  be  appointed  by  Mayor — term — qualifications 
— title — powers — vacancies — oath.  The  mayor  of  any  such  city 
shall,  as  soon  as  practicable  after  the  passage  of  this  ordinance, 
name  twelve  trustees,  three  for  a  term  of  one  year,  three  for  a 
term  of  two  years,  three  for  a  term  of  three  years,  and  three  for 
a  term  of  four  years ;  and  shall  thereafter,  in  the  month  of  each 
succeeding  year  corresponding  to  the  month  in  which  the  first 
appointments  are  made,  in  the  same  manner  nominate  three 
trustees  for  a  term  of  four  years.  No  person  shall  be  eligible 
to  the  office  of  trustee  who  is  not,  at  the  time  of  his  selection, 
a  taxpayer  and  qualified  voter  in  the  city  and  has  not  resided 

§  2801b.  Powers  of  the  Free  Public  Louisville  Public  .Library,  151  Ky. 
Library   under   this   section.    Com.    v.       420;   132  S.  W.   262. 


826 AN  ACT  FOR  THE  GOVERNMENT  OF 2801b 

therein  for  two  years  prior  to  his  selection,  and  no  salary  or 
other  compensation  shall  ever  be  paid  to  or  received  by  such 
trustees  for  the  performance  of  the  duties  of  his  office.  The 
said  twelve  trustees,  together  with  the  Mayor  of  said  city,  who 
shall  be  a  trustee  by  virtue  of  his  office,  shall  constitute  and  be 
styled  the  Board  of  Trustees  of  the  Free  Public  Library,  and 
by  said  title  shall  be  a  corporation  with  power  to  make  such 
rules  and  regulations  to  govern  itself,  and  for  the  control,  man- 
agement and  use  of  the  property  entrusted  to  its  care  as  it  may 
be  deemed  proper,  not,  however,  in  conflict  with  this  Act,  or  with 
the  Constitution  or  laws  of  this  State  or  of  the  United  States, 
with  power  to  contract  and  be  contracted  with,  sue  and  be  sued, 
to  defend  and  be  defended  in  all  courts,  to  acquire  by  gift,  pur- 
chase or  otherwise,  and  to  hold  real  and  personal  property  to  the 
use  of  the  Public  Library,  for  the  purpose  and  intent  for  which 
the  same  may  be  granted  or  dedicated;  to  use,  manage  and  im- 
prove, sell  and  convey,  rent  or  lease  property;  to  erect  suitable 
building  or  buildings;  to  have  a  common  seal  and  change  it  at 
pleasure,  and  to  act  with  or  without  a  seal.  Vacancies  in  the 
office  of  Trustee  shall  be  reported  by  the  board  to  the  Mayor, 
and  shall  be  filled  in  like  manner  as  the  original  appointments. 
The  said  Trustees  shall,  before  entering  upon  the  duties  of  their 
office,  make  oath  or  affirmation  before  some  judicial  officer  of 
this  Commonwealth  to  discharge  the  duties  enjoined  on  them. 

The  Board  of  Trustees  of  the  Free  Public  Library  of  any 
city  of  the  first  class  is  hereby  given  authority  to  mortgage 
any  or  all  real  property  or  personal  property  owned  by  such 
library  to  secure  any  indebtedness  due  from  the  said  corpora- 
tion. 

The  said  mortgage  not  to  exceed  the  sum  of  three  hundred 
and  twenty-five  thousand  dollars  ($325,000.00).  (As  amended 
1918  Acts,  p.  402.) 

4.  Meetings — limit  of  liabilities — officers.  The  board  shall 
meet  once  each  month,  and  oftener  if  necessary,  for  the  trans- 
action of  its  business.  A  majority  of  the  board  shall  constitute 
a  quorum,  but  no  appropriation  of  money,  except  for  ordinary 
or  current  expenditures,  shall  be  made  unless  upon  the  affirma- 
tive vote  of  a  majority  of  its  members.  Except  for  the  pur- 
pose of  erecting  the  library  building,  the  Board  of  Trustees  shall 
not  incur  liabilities  for  any  current  year  in  excess  of  its  annual 


2801b     CITIES  OF  THE  FIRST  CLASS. 827 

income,  including  gifts  and  donations  and  unexpended  bal- 
ances from  previous  years.  The  board  shall,  at  the  first  meet- 
ing after  the  selection  of  its  members,  and  annually  thereafter, 
select  out  of  their  number  a  President  and  Vice  President, 
whose  duties  shall  be  prescribed  by  its  rules  and  regulations, 
and  it  may  choose  a  Secretary  and  Treasurer  and  such  other 
officers,  agents  and  servants  as  it  may  deem  proper  and  neces- 
sary, and  may  prescribe  the  duties  required  of  them,  fix  their 
compensation,  and  may  remove  its  appointees  at  pleasure. 

5.  Money  where  deposited  and  how  drawn  out.  All  moneys 
due  the  board  shall  be  deposited  in  some  chartered  bank  in 
said  city,  to  be  selected  by  it,  and  funds  shall  be  withdrawn 
from  said  bank  only  on  order  of  the  board  by  check  of  its  Treas- 
urer and  countersigned  by  its  President,  or  by  its  Vice  President 
when  acting  in  his  stead. 

6.  Tax — amount  that  may  be  levied — payment  of — reports  by 
trustees.  To  raise  money  for  the  establishment  and  main- 
tenance of  the  library,  the  General  Council  shall  annually,  in 
its  levy  ordinance,  cause  to  be  levied  and  collected  a  tax  of  not 
less  than  two  and  one-half  cents  or  more  than  four  cents  on  each 
one  hundred  dollars'  worth  of  property  assessed  for  taxation  for 
city  purposes.  Upon  the  completion  of  assessment  of  property 
for  taxation  the  amount  levied  as  above  shall,  annually,  be  passed 
to  the  credit  of  the  library  fund  upon  the  books  of  the  City  Treas- 
rer,  and  the  said  amount,  as  collected  shall  be  paid  over  to  the 
Board  of  Trustees  by  the  City  Treasurer  in  regular  weekly  in- 
stallments, the  first  payment  to  be  made  within  one  week  after 
the  collection  of  said  amount  shall  have  begun,  and  the  other 
payments  to  be  made  weekly  thereafter,  in  current  money,  by 
said  Treasurer,  as  collected.  The  board  shall  annually,  in  the 
month  of  September,  make  a  report  to  the  General  Council, 
showing  the  use  of  the  library  for  the  fiscal  year  ending  the  last 
day  of  August  preceding,  the  receipts  and  expenditures  of  all 
moneys  handled  by  it  during  the  year,  and  giving  such  other 
information  as  may  promote  the  usefulness  of  said  library  to  the 
public,  or  may  be  called  for  by  the  General  Council.  No  portion 
of  the  property  or  fund  held  or  raised  for  library  purposes  shall 
ever  be  applied  to  the  support  of  any  library  not  exclusively 
under  the  control  and  management  of  the  Board  of  Trustees 
as  herein  provided. 


828  AN  ACT  FOR  THE  GOVERNMENT  OF  2801b 

7.  Property  may  be  accepted  by  trustees.  The  Board  of  Trus- 
tees may  accept  such  gifts  and  donations  of  property,  real  and 
personal,  to  be  used  for  the  purposes  contemplated  by  this  act, 
upon  such  terms  and  conditions  not  in  conflict  with  the  Con- 
stitution and  laws  of  this  Commonwealth,  as  may  be  agreed 
upon  by  said  Board  of  Trustees,  of  the  one  part,  and  the  donor, 
of  the  other  part,  and  the  title  of  the  property,  as  may  be  so 
given  or  donated,  shall  be  vested  in  such  Board  of  Trustees,  and 
the  city  wherein  such  library  may  be  situated  may  be  a  party  to 
any  deed  or  instrument  of  transfer  for  the  purpose  of  carry- 
ing out  such  arrangement  pertaining  thereto  as  it  may  lawfully 
make;  and  for  the  purpose  of  acquiring  all  property  of  other 
corporations,  or  libraries,  or  societies,  as  may  by  contract  or 
agreement  under  it  be  transferred  from  such  library  or  associa- 
tion to  it. 

8.  Penalty  for  injiuing  library  property.  The  General  Coun- 
cil of  such  city  shall  have  power  to  pass  such  ordinances  im- 
posing suitable  penalties  for  the  punishment  of  persons  com- 
mitting injury  to  the  library,  or  upon  the  grounds  or  other  prop- 
erty thereof,  or  may  be  guilty  of  disorderly  conduct  in  or  about 
the  premises  of  the  said  library,  and  for  injury  to  or  failure  to 
return  any  books  belonging  to  said  library,  under  its  rules  and 
regulations,  as  the  Board  of  Trustees  may  recommend. 

All  acts  and  parts  of  acts  in  conflict  with  this  act  are  here- 
by repealed.  {This  section  is  an  act  of  March  21,  1902 ;  the  num- 
bers of  the  subsections  are  the  numbers  of  the  sections  of  the 
act,) 

§  2801b-9.  Board  may  issue  "library  bonds" — provisions  con- 
cerning— deposit  and  use  of  proceeds  of  sale  of — interest  paid, 
how.  The  said  Board  of  Trustees  may  in  their  discretion,  and  if 
they  deem  it  necessary,  issue  bonds  in  the  sum  of  not  exceed- 
ing three  hundred  and  twenty-five  thousand  dollars  ($325,000.00) 
for  the  purpose  of  paying  off  any  indebtedness  that  the  corpora- 
tion may  owe.  The  said  bonds  may  be  secured  by  any  or  all 
real  property  or  personal  property  owned  by  said  corporation. 
The  bonds  so  issued  shall  be  designated  as  "Library  Bonds," 
and  the  Board  of  Trustees  shall  by  an  appropriate  resolution  fix 
the  date  and  maturity  of  such  bonds,  the  rate  of  interest  they 
shall  bear,  the  form  they  shall  bear,  and  where  they  shall  be 
payable.     The  said  board  shall  determine  when   and  at  what 


2801b CITIES  OF  THE  FIRST  CLASS. 829 

price  and  how  they  shall  be  sold.  Provided,  that  any  premium 
which  may  be  obtained  from  the  sale  of  said  bonds,  shall  con- 
stitute a  sinking-  fund  for  their  ultimate  retirement.  As  the 
bonds  are  sold,  their  proceeds  shall  be  placed  to  the  credit  of 
the  said  corporation  in  some  bank,  or  banking  institution  or 
Trust  Company,  but  shall  be  kept  in  a  separate  account,  and  shall 
be  used  only  for  the  purpose  for  which  the  bonds  were  issued. 
The  interest  on  the  bonds  shall  be  paid  by  the  said  corporation 
from  the  rent  or  income  it  may  receive  from  any  real  property 
belonging  to  it. 

§2801b-10.  City  may  guarantee  library  bonds.  Any  city  of 
the  first  class,  having  a  Free  Public  Library,  organized  accord- 
ing to  the  provisions  of  said  Chapter  seventy-one  (71)  of  the 
Acts  of  the  General  Assembly  of  the  commonwealth  of  Ken- 
tucky, of  1902  (which  is  now  Section  2801b  of  the  Kentucky 
Statutes)  may  by  an  ordinance  provide  that  the  said  bonds' 
principal  or  interest,  or  both,  may  be  guaranteed  by  the  city. 

When  the  said  ordinance  is  enacted  by  the  said  city  the  said 
bonds  shall  be  endorsed  "guaranteed"  and  the  name  of  the  city 
guaranteeing  attached,  and  said  guarantee  shall  be  signed  by 
the  Mayor  of  the  city  and  attested  by  the  Comptroller  of  the 
city  and  stamped  with  the  proper  seal  of  said  city  of  the  first 
class. 

§  2801b-ll.  Effect  of  partial  invalidity.  Because  it  is  impor- 
tant that  the  Board  of  Trustees  of  Free  Public  Libraries  of  cities 
of  the  first  class,  shall  have  authority  to  borrow  money  secured 
by  mortgage  or  mortgages  or  to  issue  bonds  for  the  purpose 
of  paying  any  indebtedness  the  corporation  may  owe,  an  emer- 
gency is  hereby  declared  to  exist  and  this  act  shall  become  a  law 
when  approved  by  the  Governor. 

§  2801C-1.  Use  of  library  by  county  residents.  That  the  Fis- 
cal Court  of  counties  containing  a  population  of  over  two  hun- 
dred thousand  (200,000)  and  wherein  there  is  located  in  a  city 
of  the  first  class,  may  in  its  discretion,  contract  with  the  Board 
of  Trustees  of  the  Free  Public  Library  of  any  such  city  for  the 
purpose  of  granting  to  the  residents  and  schools  of  such  county 
the  same  privileges  afforded  by  such  library  to  residents  and 
schools  in  the  said  city,  and  the  said  Fiscal  Court  is  hereby 
authorized  to  make  such  contracts. 

The  said  Fiscal  Court  may  appropriate  annually  a  certain  sum. 


830  AN  ACT  FOR  THE  GOVERNMENT  OF 2802 

of  money  to  the  maintenance  and  support  of  such  library  to  be 
payable  out  of  the  county  levy  funds  in  its  hands. 

§  2801C-2.  Coiintj^  branches  may  be  established.  The  sums 
mentioned  in  Section  1  of  this  Act  when  appropriated  by  the 
said  Fiscal  Court  shall  be  expended  by  the  Board  of  Trustees 
of  the  Free  Public  Library,  if  the  latter  deems  it  expedient  in 
the  establishment  of  branch  stations  in  various  parts  of  the 
county  outside  of  the  corporate  limits  of  the  said  cities  of  the 
first  class,  according  to  such  rules  and  regulations  as  the  said 
board  may  deem  best.     (1918  Acts  Legislature,  p.  450.) 

SUBDIVISION  V. 

Executive  Boards. 

§  2802.  Boards  of  Public  Works  and  Safety — appointment — 
qualifications.  The  following  executive  boards  are  hereby  estab- 
lished in  said  cities:  A  Board  of  Public  Works  and  a  Board 
of  Public  Safety.  The  members  of  said  boards  shall  be  ap- 
pointed by  the  Mayor,  in  the  month  of  December  succeeding 
the  election  of  the  Mayor,  and  the  members  of  the  boards 
so  appointed  shall  be  removable  at  any  time  at  the  pleasure  of 
the  Maj^or  so  appointing  them,  or  of  any  of  his  successors  in 
office,  but  not  by  any  officer  who  may  merely  for  the  time  be 
filling  the  office  of  the  Mayor  in  the  absence  or  under  the  tempo- 
rary disability  of  the  regularly  elected  or  appointed  Mayor, 
The  members  of  said  board  shall  have  the  same  qualifications 
as  members  of  the  General  Council. "  No  member  or  officer  of 
the  General  Council  shall  be  eligible  to  membership  in  either 
of  said  boards.  The  first  members  of  said  boards  shall  be  ap- 
pointed by  the  Mayor,  as  soon  as  practicable  after  the  passage  of 
this  act,  and  the  present  boards  shall  cease  to  exist,  and  the 
terms  of  office  of  the  present  members  shall  cease  and  determine 
immediately  upon  the  passage  of  this  act,  and  the  appointment 
of  their  successors,  and  all  the  powers  and  obligations  and  duties 


§    2802.     Executive     boards — mem-  Louisville  v.   Wilson,  99   Ky.   598;    36 

bers  of   are  municipal   officers  within  S.  W.  944.     See  also  McNew  v.  Xich- 

the    meaning    of    section    161    of    the  olas   County,   125   Ky.   72;    100   S.   W. 

Constitution,    and    when    their    com-  374;    James    v.    Duffy,    140    Ky.    606; 

pensation     is     fixed     it     can     not     be  131  S.  W.  489;  Clark  v.  Logan  Coun- 

changed   during   their   term.      Citv   of  tr,  138  Ky.  679;   128  S.  W.   1079. 


2803 CITIES  OF  THE  FIRST  CLASS. 831 

now  vested  in  the  present  executive  boards,  together  with  all 
rights  of  action,  shall  immediately  vest  in  the  boards  hereby 
created,  and  the  members  appointed  by  virtue  of  this  act,  the 
same  as  though  the  aforesaid  section  forty  had  not  been  re- 
pealed.    (Sectio7i  as  ame^ided  by  act  of  March  9,  1904.) 

§2803.  Power  to  prescribe  riil^s — books,  records  and  prop- 
erty— indexes.  Each  board  shall  have  power  to  prescribe  rules, 
not  inconsistent  with  any  statute  or  ordinance,  regulating  its 
own  proceedings  and  the  conduct  of  its  officers,  clerks  and  em- 
ployes, the  distribution  and. performance  of  its  business,  and  the 
preservation  of  the  books,  records,  papers  and  property  under 
its  control.  No  extra  compensation  shall  be  allowed  any  per- 
son for  indexing  its  records. 

§  2804.  Business  to  be  transacted  at  office — journal  of  pro- 
ceedings. All  official  business  of  the  several  boards  shall  be 
transacted  at  the  offices  thereof,  and  a  continuous  indexed  record 
or  minute  shall  be  kept  at  such  offices  respectively  of  such  busi- 
ness. Each  board  shall  cause  a  full  journal  of  its  proceedings 
to  be  kept,  and  shall  also  cause  all  its  receipts  and  disbursements 
to  be  faithfully  entered  in  books  to  be  kept  for  that  purpose. 

§  2805.  Chairman — election — place  of  meeting.  Each  board 
shall  elect  one  of  the  members  chairman,  and  shall  make  rules 
governing  the  time  and  place  for  holding  regular  and  called 
meetings. 

§  2806.  Member  can  only  act  by  authority  of  board.  No 
member  of  either  board  shall  have  any  power  to  act  on  behalf 
of  the  same,  except  pursuant  to  an  order  of  the  board  regularly 
made  at  a  meeting  at  which  a  majority  of  said  board  shall  have 
been  present. 

§  2807.  Members  may  take  part  in  proceedings  of  General 
Council.  The  members  of  said  boards  shall  have  seats  in  the 
General  Council,  and  be  entitled  to  take  part  in  the  proceedings 
and  deliberations  thereof  on  all  matters  under  their  charge, 
subject  to  such  rules  as  the  General  Council  shall,  from  time  to 
time,  prescribe,  but  without  the  right  on  the  part  of  the  mem- 


§  2804.  The  requirement  of  this  far  as  affects  the  rights  of  others, 
section  that  all  official  business  of  Eichardson  v.  Mehler,  111  Ky.  408; 
the  several  boards  of  the  city  shall  63  S.  W.  957.  How  far  public.  Bar- 
appear  of  record  while  mandatory  as  rickman  v.  Lyman,  154  Ky.  630;  155 
to  the  boards,  is  directory  merely   so  Ky.   710;   157   S.  W.  924. 


832  AN  ACT  FOR  THE  GOVERNMENT  OF  2808 

bers  of  said  boards  to  vote.     One  member  of  each  board  may 
be  compelled  to  attend  every  meeting  of  the  General  Council. 

§  2808.  Power  to  administer  oaths.  The  members  of  said 
boards  shall  have  power  to  administer  oaths. 

§  2809.  Employment  of  officers  and  agents — compensation. 
Said  boards  shall  have  the  .right  to  employ  such  officers  and 
agents  as  may  be  necessary,  and,  subject  to  such  limitations  as 
the  General  Council  may  prescribe,  may  fix  the  compensation  for 
such  officers  and  agents. 

§  2810.  Boards  may  appoint  and  remove  chiefs  of  depart- 
ments^cause  for  removal.  Each  of  said  boards  may  appoint 
and,  at  pleasure,  remove  a  chief  of  each  department  under  its 
control.  The  Board  of  Public  Works  shall  have  the  power  to  ap- 
point a  Chief  Engineer  for  the  city  and  such  subordinate  engi- 
neers as  may  be  necessary;  Provided,  That  all  applicants  for 
the  position  of  Chief  Engineer  shall  first  be  examined  by  a  board 
of  three  competent  Civil  Engineers,  to  be  elected  by  the  General 
Council,  and  that  no  applicant  who  fails  to  pass  an  examination 
satisfactory  to  said  Board  of  Examiners  shall  be  eligible  to  the, 
office  of  Chief  Engineer,  and  no  person  shall  hold  the  office  of 
Chief  Engineer  until  he  shall  have  passed  said  examination. 
In  all  cases  where  the  examination  is  made  in  writing,  all  the 
papers  shall  be  filed  of  public  record  with  the  Secretary  of  the 
Board  of  Public  Works.  The  General  Council  shall  have  the 
power  to  fix  the  compensation  of  the  said  board  of  examiners: 
Provided,  further,  that  no  person  employed  under  the  Board 
of  Public  Works  shall  receive  a  salary  in  excess  of  one  thou- 
sand, five  hundred  dollars  per  annum,  except  the  following: 
One  Chief  Engineer,  one  First  Assistant  Engineer,  whose  salary 
shall  not  exceed  two  thousand  five  hundred  dollars  per  annum. 
One  Assistant  Engineer,  whose  salary  shall  not  exceed  two 
thousand  dollars  per  annum.  Subordinate  officers  and  em- 
ployes may  be  removed  or  punished  by  the  board  on  the  recom- 
mendation of  the  chief  of  the  department  concerned  for  cause, 


§    2809.     Municipal      officers — ^who  sec  Lowry   v.   City  of  Cexington,   113 

are  within  the  meaning  of  section  161  Ky.  763;  68  S.  W.  1100. 

.            ,.  ,             ..  §  2810.    Removal    of    officers.    See 

of    the    Constitution,    which    provides  p.^j.sons    v.   Breed,   126   Ky.    759;    104 

that  the  salaries  of  municipal  officers  g    ^y.   766.     The  City  Engineer  is   an 

shall    not    be    changed    during    their  officer     of    the     City    of     iLouisville. 

term.     See  City  of  Louisville  v.  Wil-  Barrickman   v.   Lyman,   154   Ky.   630; 

son,   99   Ky.   598;    36   S.   W.   944;   and  155  Ky.   710. 


2811 CITIES  OF  THE  FIRST  CLASS. 833 

subject  to  such  regulations  as  may  be  prescribed  by  ordinance 
or  by  the  board.  The  cause  for  the  removal  of  any  subordinate 
as  aforesaid  must  be  stated  in  writing,  and  be  transmitted  to  the 
board,  and  the  board  may,  in  its  discretion,  retain  or  dismiss 
such  subordinate.  No  officer  or  employe  shall  be  removed  for 
political  causes.  Interference  in  elections,  electioneering  or  can- 
vassing for  any  officer  or  employe  of  said  board  shall  be  cause 
for  instant  removal.     (As  amended  by  acts  of  1894  and  1912.) 

§  2811.     Officers  and  employes  not  to  receive  perquisites.    No 

officer  or  employe  of  said  boards,  except  the  regular  police  of 
the  city,  shall  receive  for  his  own  use,  directly  or  indirectly,  any 
fees,  perquisites,  commissions,  percentages,  or  money  paid  to 
him  in  his  official  capacity,  but  all  fees,  perquisites,  commissions, 
percentages,  and  money  paid  to  and  received  by  or  for  any  such 
offiiCer  or  person  shall  be  the  property  of  the  city,  and  shall  be 
paid  by  or  for  him  to  the  City  Treasurer. 

§  2812.  Officers  and  employes  to  account  for  fees  received. 
Any  off.cer,  except  policeman,  or  person  in  the  employment  of 
said  boards,  who  shall  receive  any  fees,  perquisites,  or  other 
things  of  value  belonging  to  said  city,  shall,  before  receiving 
his  salary  or  compensation,  make,  under  oath,  a  detailed  state- 
ment, and  shall  report  to  the  chairman  of  his  board,  in  such  form 
as  may  be  prescribed,  the  aggregate  amount  of  all  such  receipts, 
since  the  last  preceding  statement ;  and  he  shall  deposit  with  the 
said  board  all  such  fees,  perquisites,  percentages,  or  other  things 
of  value  due  to  said  city  as  aferesaid. 

§  2813.  Officers  to  make  statements  and  returns.  Said 
boards,  or  any  member  thereof,  may  require  the  officers  or  per- 
sons employed  by  said  boards  to  make  such  statements  and  re- 
turns, if  they  be  not  made  as  herein  provided,  and  may  examine 
such  officers  or  persons  under  oath  touching  the  matters  herein 
provided  for. 

§  2814.  Reference  of  disputes  to  Mayor.  Whenever  there  is 
any  dispute  as  to  the  powers  or  duties  of  said  boards,  or  the 
officers  thereof,  the  matter  may  be  referred  by  either  of  them 
to  the  Mayor,  who  shall  examine  and  determine  the  question 
involved,  and  his  decision  shall  be  final  as  between  said  boards 
or  said  officers. 

§  2815.  Annual  report  to  be  submitted  to  Mayor.  It  shall  be 
the  duty  of   each   of   said  boards,   annually,   to  submit  to  the 


834 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2816 


Mayor  a  minute  report  on  all  things  under  its  control,  with  an 
estimate  of  the  amount  of  money  required  for  its  departments 
for  the  ensuing  fiscal  year,  stating  with  as  great  particularity 
as  possible,  each  item  thereof.  Said  report  shall  be  transmitted 
by  the  Mayor  to  the  General  Council  for  consideration  and  for 
appropriate  action,  with  such  recommendations  as  he  may  think 
proper. 

§  2816.  Taxes  collected  and  carried  to  credit  of  executive 
boards.  It  shall  be  the  duty  of  the  Mayor  and  the  General  Coun- 
cil, in  their  annual  levy  of  taxes,  to  make  such  levy  as,  in  their 
judgment,  shall  be  necessary  and  advisable,  and  the  amount  so 
levied  shall  be  collected  and  carried  to  the  credit  of  the  said 
executive  boards,  respectively,  and  shall  not  be  diverted  from 
said  boards,  or  used  by  the  Mayor  and  General  Council  for  any 
other  purpose;  but  the  same  shall  remain  as  a  separate  fund  in 
the  hands  of  the  Treasurer  of  the  city.  Said  boards  shall  not 
divert  the  tax  levy  of  the  Mayor  and  General  Council  from  the 
purposes  of  the  departments  for  which  it  was  levied. 

§  2817.  Written  contracts — how  to  be  executed.  Whenever 
any  contract  is  made  by  either  board,  it  shall  be  executed  under 
the  seal  of  the  corporation,  and  be  filed  in  the  office  of  the  board, 
and  a  copy  of  said  contract  shall  be  transmitted  to  the  Comp- 
troller. 

§  2818.  Members  not  to  be  interested  in  contract  made  by 
board.  No  member,  officer  or  employe  of  either  board  shall  be 
directly  or  indirectly  interested  in  any  contract,  or  work  of  any 
kind  whatever  done  under  its  direction ;  and  any  contract  for 
work  or  material,  in  which  any  such  person  shall  be  so  inter- 
ested, shall  be  void. 

§  2819.     Monej^ — upon  what  conditions  paid  out.     No  money 


§  2816.  No  part  of  the  levy  under 
the  head  of  general  purposes  can  be 
used  for  street  cleaning,  as  Sec.  2981 
makes  the  sprinkling  of  streets  a 
specified  purpose  for  taxation.  City 
of  Louisville  v.  Button,  IIS  Ky.  732; 
82  S.  W.  293. 

§  2817.  Contracts — how  executed. 
A  contract  signed  by  the  mayor  as 
such,  and  having  the  seal  of  the  city 
attached  is  properly  executed.  Feh- 
ler  V.  Gosnel,  99  Ky.  380;  35  S.  W. 
1125.      Not     necessary     for    the     city 


council  to  approve  a  contract  made 
by  the  Board  of  Pubic  Works  in 
order  to  create  a  lien  for  the  cost  of 
street  improvements.  Joyce  v.  Falls 
City  Stone  Co.,  23  E.  1201;  64  S.  W. 
912.  Section  construed  in  National 
Surety  Co.  v.  City  of  Louisville,  165 
Ky.  38;  176  S.  W.  364,  holding  that 
bonds  required  to  be  deposited  to  se- 
cure work  done  under  street  )con- 
traets  are  not  required  to  be  placed 
in  the  custody  of  the  board. 


2820 CITIES  OF  THE  FIRST  CLASS. 835 

shall  be  paid  at  any  time  to  any  person  claiming  under  a  con- 
tract with  the  board  until  such  person  shall  have  first  filed 
with  the  board  his  statement,  under  oath,  disclosing  the  names 
of  persons  directly  or  indirectly  interested  in  the  contract,  or 
the  profits  thereof,  declaring  that  no  persons  other  than  those 
named  are  interested,  and  that  no  person  forbidden  by  this  act 
has  any  interest  in  the  same. 

§  2820.  Power  to  bind  city,  confined  to  amount  appropriated. 
No  executive  board,  officer  or  employe  thereof  shall  have  power 
to  bind  the  city  by  any  contract  or  agreement,  or  in  any  other 
way,  to  any  extent  beyond  the  amount  of  money  at  the  time  al- 
ready appropriated  by  ordinance  for  the  purpose  of  the  depart- 
ment under  the  control  of  said  board ;  and  all  contracts  or  agree- 
ments, express  or  implied,  and  all  obligations,  of  any  and  every 
sort,  beyond  such  existing  appropriations,  are  declared  to  be 
absolutely  void. 

§  2821.  Liability  for  attempt  to  bind  city  beyond  amount 
appropriated.  Any  city  official  who  shall  issue  any  bond,  certifi- 
cate, or  warrant  for  the  payment  of  money  upon  the  city  beyond 
the  unexpended  balance  of  any  appropriation  made  for  such  pur- 
pose, or  who  shall  attempt  to  bind  the  city  by  contract,  agree- 
ment, or  in  any  other  way,  to  any  extent  beyond  the  amount 
of  money  at  the  time  already  appropriated  by  ordinance  for  such 
purpose  and  remaining  at  the  time  unexpended,  shall  be  liable 
to  any  person  injured  thereby,  and  shall  be  fined  in  a  sum  not 
m.ore  than  one  thousand  dollars,  or  imprisoned  in  the  county 
jail  not  more  than  six  months,  or  both  so  fined  and  imprisoned. 

§  2822.     Contracts  for    expenditures — how  approved.     When- 

§  2820.   (1)   Amount  and  appropria-  of  Louisville  v.   Gosnell,   22   R.   1524; 

tion   or  provision   for  payment.     Un-  61  S.  W.  476. 

der    Kv.    Stat.,    sec.    2820,    providing  (2)    Where   a   part   of   the   contract 

that  the  executive  boards  of  cities  of  ^^^'^^   ^^   tlie   original   construction   of 

the  first  class  and  their  officers  shall  ^  '*':^'^^  ,^^^  intended  to  cover  future 

,    ,  .      1  •    1    ^,         •.       .  repairs    the    contractor    was    entitled 

not   have   power  to   ,bind   the   city   to  to  recover  of  the  city  that  part  of  the 

any    extent    beyond     the    amount     of  pj-jee  to  be  paid  out"  of  the  appropria- 

money    at    the    time    "already    appro-  tion   for   street   repairs,    no   more   spe- 

priated"    by    ordinance    for    the    pur-  ^ific    appropriation    being    necessary, 

pose    of    the    department     under    the  Id. 

control  of  said  board,  a  levy  ordi-  §  2822.  This  section  in  connection 
nance  which,  in  subdividing  the  tax  with  Section  2768  applies  to  the  pur- 
rate,    designates   a   certain   i)art    of   it  chase    of    goods    in    the    open    market 


<  i  -C 


±0T  Street  repairs,"  constitutes  an  without  a  pre-existing  |contra«;t. 
appropriation  of  that  part  of  the  tax  Bradley  &  Gilbert  Co.  v.  j-acques,  33 
rate  for  the  purpose  designated.   City       R.  618;   110  S.  W.  836. 


836 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2823 


ever  it  becomes  necessary  for  either  of  said  boards  to  make 
an  expenditure  by  a  contract,  written  or  oral,  of  an  amount  less 
than  two  thousand  dollars,  said  contract  must  be  made  with 
the  approval  of  the  Mayor,  unless  otherwise  provided  by  ordi- 
nance. When  the  expenditure  is  to  exceed  two  thousand  dol- 
lars, the  contract  shall  not  be  made  without  the  approval  of  the 
Mayor  and  the  General  Council.  If  supplies  and  other  forms  of 
personal  property  are  to  be  purchased,  they  shall  be  purchased 
by  the  City  Buyer,  subject  to  the  provisions  of  this  act. 

§  2823.  Real  estate  purchased  by  mayor  for  use  of  board. 
Real  estate  may  be  purchased  by  the  Mayor,  when  requested  to 
do  so  by  either  of  said  boards  for  the  use  thereof,  if  the  purchase 
price  does  not  exceed  two  thousand  dollars.  If  the  purchase 
price  exceeds  said  sum  he  shall  not  purchase  said  real  estate 
without  the  consent  of  the  General  Council. 

SUBDIVISION  VI. 
Board  of  Public  Works. 

§  2824.     Board  to  consist    of    three    members — salary.     The 

Board  of  Public  Works  shall  consist  of  three  members.  Each 
member  of  said  board  shall  receive  a  salary  of  not  less  than 
twenty-five  hundred  dollars. 

§  2825.  Control  of  public  ways  and  property — lighting  streets 
and  public  places.  The  Board  of  Public  Works  shall  have  exclu- 
sive control  over  the  construction,  reconstruction,  cleaning,  re- 
pairing, platting,  grading,  improving,  sprinkling,  hghting  and 


§  2824.  See  notes  to  sees.  2802, 
2781. 

§  2825.  Corporation  in  existence 
when  Constitution  was  adopted  and 
that  had  theretofore,  for  many  years, 
been  laying  its  mains  in  the  city, 
may  continue  to  do  so  without  get- 
ting the  consent  of  the  Board  of  Pub- 
lic Works.  Citv  v.  Lou.  Water  Co., 
105  Ky.  754;  49*^8.  W.  766. 

In  case  No.  57774,  Jefferson  Circuit 
Court,  L.  &  N.  E.  R.  Co.  v.  City  of 
Louisville,  the  Circuit  Court  granted 
a  temporary  injunction  enjoining  the 
city  from  constructing  Roberta  ave- 
nue according  to  plans  and  specifica- 
tions on  the  theory  that  the  grade  as 
established     was     unreasonable     and 


that  great  damage  would  likely  occur 
to  the  traveling  public.  The  Appel- 
late Court  on  motion  dissolved  the 
temporary  injunction  holding  that 
courts  had  no  power  to  interfere  with 
the  Board  lof  Works  as  to  the  manner 
in  which  streets  should  be  construct- 
ed. Judges  Carroll,  Nunn,  Hobson, 
Settle  and  O  'Rear  heard  the  motion 
and  concurred  in  dissolving  the  tem- 
porary injunction.  See  L.  &  N.  R. 
R.  Co.  V.  City  of  Louisville,  131  Ky. 
108;  114  S.  W.  743;  24  L.  R.  A.  1213; 
later  appeal,  141  Ky.  131;  122  S.  W. 
849;   132  S.  W.   184. 

A  city  is  not  liable  to  a  property 
owner  on  account  of  obstruction 
placed    in   a   street    and  sidewalk    by 


2826 


CITIES  OF  THE  FIRST  CLASS. 


837 


using  of  all  streets,  alleys,  avenues,  lanes,  markethouses,  bridges, 
sewers,  drains,  wells,  cisterns,  ditches,  culverts,  canals,  streams 
and  water-courses,  sidewalks,  curbing  and  the  Kghting  of  pub- 
lic places.     (See  as  to  Sewers,  Sec.  3037b.) 

§  2826.  Improvements  to  be  directed  by  ordinance — plats  and 
maps  to  be  recorded.  No  public  way  shall  be  opened,  widened, 
narrowed,  closed  or  constructed,  and  no  sidewalks  shall  be  con- 


an  adjoining  proiJerty  owner  when 
reasonably  necessary  to  the  con- 
struction of  a  building.  In  tliis  case 
a  groceryman  claimed  that  he  had 
lost  customers  by  reason  of  the  ob- 
structions. Button  V.  City  of  Louis- 
ville, 118  S.  W.  977. 

Where  a  city  permits  a  property 
owner  to  use  a  portion  of  a  street  iu 
erecting  a  building  tihe  city  must  use 
ordinary  care  to  see  that  proper 
■warnings  are  given  to  pedestrians  to 
avoid  injuring  them.  Grider  v.  Jet •  v 
ferson    Realty   Go.,    116    S.    W.   691. 

Where  a  plank  over  a  culvert  has 
from  long  use  and  lack  of  repair  rot- 
ted away,  the  city  is  presumed  to 
have  knowledge  of  the  fact  and  ac- 
tual notice  is  unnecessarv.  City  of 
Louisville  v.  Lambert,  116  S.  W.  261. 

A  tax-payer  has  the  right  by  man- 
damus to  compel  the  Board  of  Works 
to  offer  for  sale  a  franchise  created 
by  the  General  Council  whenever  the 
board  was  ordered  to  make  the  same, 
and  when  he,  as  a  citizen,  is  interest- 
ed in  having  the  franchise  put  into 
operation.  l^ouisville  Home  Tele- 
phone V.  Citv  of  Lousville,  130  Ky. 
611;    113  S.  W.  855. 

An  existing  franchise  may  be 
modified  by  the  sale  of  another  by 
the  city  to  the  holder  of  the  first 
franchise,  where  such  modification  is 
necessary  to  secure  efficient  public 
service  and  it  can  not  be  said  that 
an  indebtedness  to  the  municpality 
is  thereby  released.  Id.  The  Board 
of  Public  Works  has  exclusive  con- 
trol of  the  construction  of  the 
streets  of  a  city.  Carroll's  Admr.  r. 
City  of  Louisville,  117  Kv.  758;  78 
S.  "W.  1117.  The  right  of  the  Cum- 
berland Telephone  Company  to  oc- 
cujiy  the  streets  of  the  city  con- 
strued.     City    of   Louisville   v.   Cumb. 


Tel.  &  Tel.  Co.,  224  U.  S.  649.  Held, 
that  certain  changes  in  plans  of 
street  improvement  made  by  the 
Board  of  Public  W^orks  did  not  in- 
validate the  ordinance  or  the  con- 
tract under  which  the  streets  were 
improved.  Barringer  iLand  Co.  v. 
Barber  Asphalt  Paving  Co.,  149  Ky. 
132;   147  S.  W.  893. 

Under  this  section  it  is  the  duty 
of  a  policeman  to  guard  a  hole  cre- 
ated by  a  cave-in  in  a  street  of  which 
he  had  notice,  and  his  knowledge  is 
notice  to  the  city.  Citv  of  Louisville 
V.  Lenehan,  149  Ky.  537;  149  S.  W. 
?32.  See  Barrickman  v.  Lyman,  154 
Ky.  630;  155  Ky.  710;  as  to  inspec- 
tion  of  public  records. 

The  city  is  not  liable  for  the  negli- 
gence of  the  servants  of  the  Sewer- 
age Commission,  as  it  discharges  a 
governmental  function.  City  of  Lou- 
isville V.  Frank 's  Guardian,  154  Ky. 
254;  157  S.  W.  24. 

Street  sprinkling.  The  sprinkling 
of  city  streets,  being  necessary  to 
preserve  the  public  health  and  com- 
fort, is  a  public  purpose;  and  hence 
an  ordinance  levying  a  tax  for  street 
sprinkling  purposes  is  not  unconsti- 
tutional, under  Const.,  Sec.  171,  pro- 
viding that  taxes  shall  be  levied  and 
collected  for  public  purposes  onfly. 
Mavdwell  v.  City  of  iLouisville,  116 
Ky.  885;  76  S.  W.  1091;  63  L.  R.  A. 
655. 

§  2826.  (1)  Construction  and  ef- 
fect of  section.  Richardson  v.  Meh- 
ler,  111  Ky.  408;  63  S.  W.  957;  Bar- 
ber Asphalt  Co.  V.  Gaar,  115  Ky.  334; 
73  S.  W.  1106;  Barringer  v.  Barber 
Asphalt  Co.,  149  Kv.  132;  147  S.  W. 
893. 

(2)  Public  way — can  not  be  closed 
bv  citv  without  legislative  authority. 
City  V.  Bannon,  99  Ky.  74;  35  S.  W. 
120. 


838 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2826 


structed  or  reconstructed,  and  no  public  wells  and  cisterns  shall 
be  dug  and  walled,  except  by  ordinance  recommended  by  the 
Board  of  Public  Works. 

Hereafter  no  plat  or  map  laying  out  or  offering  for  dedica- 
ttion'  any  public  way  or  easement  in  the  territory  within,  the 
limits  of  the  city  or  within  three  miles  of  the  said  limits  as 
then  existing,  shall  be  received  for  record  by,  or  be  recorded  in 
the  office  of  the  clerk  of  the  county  court  of  the  county,  except 
upon  the  conditions  hereinafter  named ;  and  if  the  description  of 
any  deed,  lease,  mortgage  or  bond  for  titles  to  land  within  said 
territory  refers  to  or  is  based  upon  any  map  or  plat  not  now 
recorded  or  described  the  land  as  binding  upon  any  street,  ave- 
nue, alley  or  other  public  way  proposed  or  offered  for  dedica- 
tion, immediately,  or  in  the  future,  for  the  use  of  the  public 
and  the  purchaser,  lessee,  or  mortgagee  said  instrument  or  writ- 
ing shall  not  be  received  for  record  by,  or  be  recorded  in  the 
office  of  the  clerk  of  said  court,  except  upon  the  following  con- 
ditions : 

(a)  Whenever  any  person  desires  to  lay  out  or  offer  for  dedi- 
cation, by  a  recorded  plat,  any  such  public  way  or  easement 
within  the  city  limits,  he  shall  file  with  the  Board  of  Public 
Works  a  topographical  map  or  plat  of  the  territory  bounded  or 
intersected  or  immediately  adjacent  to  said  proposed  public  way 
or  easement,  showing  the  levels  of  said  land  and  the  proposed 
names,  nature  and  dimensions  of  the  said  public  way  or  ease- 
ment proposed  or  offered  for  dedication;  and,  if  said  board  think 
such  proposed  dedication  of  said  public  way  or  other  easement 
would  be  beneficial  to  the  public  interests  and  suitable  for  the 
immediate  or  future  acceptance  of  the  city,  said  board  shall  ap- 
prove the  said  map  or  plat  and  the  chairman  or  secretary  of  said 


(3)  Necessity  for  consent  of  own- 
ers of  property  affected.  In  an  action 
to  close  up  the  eastern  end  of  a 
street,  in  a  square  on  wihich  appel- 
lants owned  land  and  lived,  it  ap- 
peared that  in  order  to  go  east, 
where  the  center  of  trade  lay,  the.v 
would  first  have  to  go  west  to  the 
next  street,  then  north  or  south  to 
another  street,  thence  east.  Held, 
that  the  court  had  no  authority  to 
close  the  street  without  the  owners ' 
consent,    as    it    would    be    depriving 


them  of  their  property  without  due 
process  of  law.  Gargan  v.  Louisville 
K  A.  &  C.  Rv.  Co.,  89  Kv.  212;  12 
S.  W.  259;  11  R.  489;  6  L.  *R.  A.  340. 
(4)  The  macadamizing  of  a  street 
by  an  abutting  owner  at  his  own  ex- 
pense with  the  consent  of  the  Mayor 
and  Board  of  Public  Works,  but  not 
under  an  ordinance,  is  not  an  origin, 
al  construction.  City  of  Louisville  v. 
Gast,  28  R.  1256;  91  S.  W.  251;  Gast 
V.  Minor,  28  R.  1256;  91  S.  W.  251, 
also  notes  under  2825. 


2826 CITIES  OF  THE  FIRST  CLASS. 839 

board  shall  subscribe  a  certificate  of  approval  on  said  map  and 
acknowledge  the  execution  thereof  before  any  officer  authorized 
to  take  an  acknowledgment  to  deeds,  and  thereupon,  said  map  or 
plat  may  be  received  for  record  by  and  be  recorded  in  the  office 
of  the  clerk  of  the  County  Court. 

If  said  board  refuses  to  approve  said  map  or  plat  in  thirty 
days,  the  person  offering  the  same  may  file  a  petition  in  the 
Circuit  Court  of  the  county  against  the  city,  stating  the  facts 
and  filing  a  copy  of  said  map  or  plat  and  said  suit  shall  begin 
and  proceed  and  be  tried  as  a  civil  action  in  equity,  and  if  the 
court,  at  the  hearing,  believe  that  the  plaintiff  has  shown  that 
said  proposed  dedication  would  be  beneficial  to  the  public  in- 
terests and  suitable  for  the  immediate  or  future  acceptance  of 
the  city,  the  court  shall  order  said  map  or  plat  to  be  received 
by  the  Clerk  of  the  County  Court  for  record  in  his  office  when 
the  legal  fees  for  recording  the  same  have  been  paid  or  tendered. 

(b)  Whenever  any  person  desires  to  lay  out  or  offer  for 
dedication,  by  a  recorded  plat,  any  such  public  way  or  other 
easement  outside  the  limits  of  the  city,  but  within  three  miles 
thereof,  he  shall  file  a  like  topographical  map  with  the  Board 
of  Public  Works  and  also  with  the  Judge  of  the  county  court 
and  if  said  board  and  said  judge  think  such  proposed  dedica- 
tion would  be  beneficial  to  the  public  interests  and  suitable  for 
the  immediate  or  future  acceptance  of  the  city  when  its  bound- 
aries embrace  said  land,  said  board  and  said  county  judge 
shall  approve  said  map  or  plat  in  the  manner  above  provided 
and  said  map  or  plat  shall  be  received  for  record  by  and  be  re- 
corded in  the  office  of  the  clerk  of  the  county  court  upon  the 
pajTnent  of  the  legal  fees  therefor. 

If  said  board  or  said  county  judge  refuse  for  thirty  days 
to  approve  said  map  or  plat,  the  person  offering  the  same  shall 
have  the  right  to  take  a  like  appeal  to  the  circuit  court  as  pro- 
vided  for  above. 

The  mere  approval  of  such  a  map  or  plat  by  the  Board  of 
Public  Works  or  the  County  Judge  shall  not  be  treated  or  held 
as  of  itself  an  acceptance  of  such  an  offer  of  dedication  by  the 
public  authorities  of  the  city  or  county,  but  when  said  public 
authorities  are  ready  to  accept  or  improve  the  public  ways  or 
other  easement  in  the  territory  covered  by  said  map  or  plat, 


840 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2827 


they  shall  be  accepted  or  improved  in  conformity  with  said 
map  or  plat. 

Any  person  who  shall  lodge  for  record  in  the  county  clerk's 
office,  and  any  county  clerk  or  deputy  of  the  county  clerk  who 
shall  receive  for  record  or  permit  to  be  lodged  for  record,  any 
plat  or  map  or  deed  or  other  instrument  contrary  to  the  pro- 
visions of  this  act,  shall  be  guilty  of  a  misdemeanor  and  be  fined 
not  less  than  twenty-five  dollars  and  not  more  than  one  hundred 
dollars  for  each  offense.  (As  amended  by  act  approved  Marcfi 
21,  1906.) 

§  2827.  Public  buildings — supervision  and  control  of.  Said 
board  shall  have  supervision  and  control  over  the  construc- 
tion, repairing,  cleaning,  lighting,  and  heating  of  all  public 
buildings,  and  over  all  public  improvements  of  the  city.  (See 
as  to  Hospitals,  Sec.  3037e.) 

§  2828.  Estimate  of  cost  of  work  and  material.  Whenever 
any  work  is  to  be  done  by  the  employes  of  the  Board,  a  careful 
estimate  shall  be  made  of  the  cost  of  such  work  or  material, 
and  said  estimate,  in  writing,  shall  be  at  once  placed  on  file 
with  the  records  of  said  board. 

§  2829.  Contracts — specifications — publication  for  proposals 
— acceptance  of   bids.     Whenever  said   board   shall   order   any 


§2827.      Note— See    Acts    of    1910 

(see.  14)  establishing  HosiDital  Com- 
mission. §3037e. 

§  2828.  See  Barrickman  v.  Ly. 
man,  \54:  Ky.  630;  155  Ky.  710,  as  to 
how  far  such   are   public    records. 

§2829.  (1)  Presumption  that  offi- 
cers did  their  duty  under  this  section 
in  placing-  on  file  requisite  drawings 
and  specifications.  Henning  v.  Sten- 
gel, 112  Ky.  906;  66  S.  W.  41.  See 
note  to  sec.  2930. 

(2)  Sufficiency  of  notice — waiver. 
After  contract  let  and  work  per- 
formed it  is  too  late  to  rely  on  tech- 
nical objections  to  the  notice.  Feh- 
ler  V.  Gosnell,  99  Ky.  380;  85  S.  W. 
1125;    and   see   note    (3)    to   sec.    2834. 

(3)  Plans  and  specifications.  Un- 
der Ky.  St.,  see.  2829,  requiring  the 
Board  of  Public  Works  of  a  city  of 
the  first  class,  before  advertising  for 
bids,  to  prepure  and  place  on  file 
complete  drawings  and  specifications 
of   the   work,    it    is   sufficient    for   the 


city  engineer  or  his  assistant  to  pre- 
pare such  drawings  and  specification^ 
and  file  them  in  his  office,  pursuant 
to  the  course  of  business  prescribed 
by  the  Board,  which  is  authorized  to 
appoint  such  engineers  and  other 
agents  as  may  be  necessary,  and  to 
prescribe  rules  for  the  conduct  of  its 
officers,  and  for  the  distribution  ot 
its  business,  and  the  preservation  of 
the  books  and  papers  under  its  con- 
trol. Barret  v.  Falls  City  Artificial 
Stone  Co.,  21   R.  669;   52  S.  W.  947. 

(4)  The  Board  of  Works  is  not 
bound  to  accept  the  lowest  bid  made, 
but,  in  the  absence  of  fraud,  may 
take  into  consideration  other  things 
tlian  mere  price.  Louisville  Steam 
Forge  Co.   v.  Cast,  115  S.  W.  761. 

§  2829.  See  Barrickman  v.  Lyman, 
154  Ky.   630;    155   Ky.   710. 

Board  of  Public  Works  rejected  a 
bid,  its  action  in  so  doing  was  not 
passed  on  by  General  Council.  After- 
ward   the    Board,    without    re-adver- 


2830 


CITIES  OF  THE  FIRST  CLASS. 


841 


work  to  be  done,  which,  either  by  order  of  said  board  or 
according  to  law,  is  to  be  performed  by  independent  contract, 
said  board  shall  prepare  and  place  on  file  in  the  office  of  said 
department  complete  drawings  and  specifications  of  said  work. 
Thereupon  said  board  shall  cause  a  notice  to  be  published  in 
one  daily  or  weekly  newspaper  of  general  circulation,  pub- 
lished in  said  city,  once  in  each  week  for  two  weeks,  informing 
the  public  of  the  general  nature  of  the  work,  of  the  fact  that 
the  drawings  and  specifications  are  on  file  in  said  office,  and 
of  the  nature  and  extent  of  the  bond  or  security  required,  and 
calling  for  sealed  proposals  for  said  work  by  a  day  not  earlier 
than  ten  days  after  the  first  of  said  publications.  The  board 
may,  in  its  discretion,  fix  a  day  later  for  receiving  said  sealed 
proposals,  provided  such  date  shall  be  mentioned  in  each  of  said 
notices.  Said  board  shall  let  said  contract  to  the  lowest  and  best 
bidder,  which  contract  shall  be  subject  to  the  approval  of  the 
general  council.  Said  board  shall  have  the  power  to  reject  any 
and  all  bids,   (Section  as  amended  by  act  of  March  21,  1906.) 

§  2830.  Alteration  in  plans  and  specifications.  When,  in  the 
the  opinion  of  the  board,  it  shall  become  necessary,  in  the 
prosecution  of  any  work,  to  make  alterations  or  modifications 
in  the  specifications  or  plans  of  a  contract,  such  alteration  or 
modification  shall  be  made  only  by  order  of  the  board,  and  such 
order  shall  be  of  no  effect  until  the  price  to  be  paid  for  the  same 
shall  be  agreed  upon,  in  writing,  and  signed  by  the  contractor 
and  approved  by  the  board. 

§  2831.     Condemnation  of    property  for    municipal    purposes. 


tising,  accepted  the  bid  and  its  action 
was  approved  by  the  General  Coun- 
cil. The  contract  held  valid.  Miller 
V.  Figg,  175  Ky.  495,   194  S.  W.  566. 

§  2830.  Effect  of  non-performance 
or  defective  performance  of  contract. 
Where  a  railroad  crossed  at  an  acute 
angle  a  street  wihich  was  being  im- 
proved, and,  by  agreement  between 
the  Board  of  Public  Works  and  the 
railroads,  the  crossing  was  construct- 
ed by  the  railroad,  at  its  expense,  at 
right  angles,  and  the  only  change  in 
the  contractor's  work  was  in  the 
slight  deflection  in  the  carriageway 
from  a  straigh*-  line,  there  was  noth- 
ing  to   defeat   the   improvement    lien. 


Orth   V.   Park,   25   E.    1910;    79   S.   W. 
206.     Eehearing  denied.  Same  v.  Park, 

26  R.    184;    80   S.   W.   1108.      See   also 
Lindenberger   Land    Co.    v.   Park   Co., 

27  R.  437;   85  S.  W.  213. 

§2831.  The  City  of  Louisville  has 
the  power  under  this  section  to  con- 
demn land  for  streets  and  highways. 
Louisville  &  Nashville  R.  R.  Co.  v. 
City  of  Louisville,  131  Ky.  108;  24 
L.  R.  A.  (N.  S.)  1213;  114  S.  W.  742, 
and  may  condemn  the  right  of  way 
of  a  railroad  to  the  extent  of  causing 
the  street  to  cross  over  the  right  of 
way  where  such  crossing  does  not  un- 
reasonal>ly  impair  the  use  of  the 
right  of  way  for  railroad  purposes. 
Id. 


842 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2832 


Whenever  property  shall  be  needed  for  appropriate  municipal 
purposes,  either  within  the  boundaries  of  the  city  or  the  county, 
the  Board  of  Public  Works  may,  with  the  consent  of  the  mayor, 
if  the  amount  be  under  two  thousand  dollars,  order  the  condem- 
nation of  such  property;  and  if  the  amount  be  over  two  thou- 
sand dollars  may,  with  the  consent  of  the  mayor  and  the  general 
council,  order  the  condemnation  of  such  property.  The  pro- 
ceedings for  the  condemnation  of  property  for  such  purposes 
shall  be  instituted  and  prosecuted  in  the  name  of  the  city,  by 
the  city  attorney  as  provided  in  this  act  for  the  condemnation 
of  property  for  park  purposes.  (As  amended  by  act  of  March 
24,  1904.) 

SUBDIVISION  VII. 

Public  Ways. 
§  2832.     Public    ways — improveiments  —  meaning    of    terms. 

Public  ways,  as  used  in  this  act,  shall  mean  all  public  streets, 
alleys,  sidewalks,  roads,  lanes,  avenues,  highways,  and  thorough- 
fares. Improvements,  as  applied  to  public  ways,  shall  mean  all 
work  and  material  used  upon  them  in  the  construction  and  re- 
construction thereof,   and  shall  be  made  and  done  as  may  be 


The  question  of  necessity  of  con- 
demning property  for  a  public  use  is 
a  legislative  one  which  the  court  will 
not  review,  except  in  rare  cases;  and 
where  the  land  is  sought  for  a  public 
street,  the  fact  that  a  particular  in- 
dividual will  obtain  a  special  benefit 
is  no  defense  to  the  action.  Id. 

The  measure  of  damages  where  a 
railroad  right  of  way  is  condemned 
for  a  street  crossing  is  the  diminu- 
tion in  the  value  of  the  right  of  way 
caused  by  the  additional  user.  The 
railroad  company  is  not  entitled  to 
compensation  for  the  land  taken  (as 
none  is  taken)  nor  to  compensation 
for  maintaining  gates  and  flagmen, 
or  for  the  increased  danger  from  ac- 
cident; or  for  construction  or  main- 
taining the  crossing;  nor  for  dam- 
ages caused  by  an  improper  construc- 
tion of  the  work,  a  separate  action 
being  maintainable  for  this  last  item. 
Id.  See  same  case  on  second  appeal, 
141   Ky.   131;    132   S.  W.   849. 

§  2832.  (1)  Adverse  possession  of 
street.      If    a    person    has    been    per- 


mitted to  remain  in  the  continued 
actual  adverse  possession  of  a  street 
or  part  of  a  street,  for  a  period  of 
fifteen  years,  he  will  be  vested  with 
the  complete  title  to  the  ground  ac- 
tuallv  occupied  by  him.  Cornwall  v. 
L.  &  X.  R.  R.  Co.,  87  Ky.  72;  7  S.  W. 
553.  Possession,  however,  since  the 
General  Statuteis,  does  not  become 
adverse  until  the  municipal  corpora- 
tion has  been  notified  that  it  is  so 
intended.  See  §2546,  which  provides 
as  follows: 

"The  limitations  mentioned  in  the 
first  article  of  this  chapter  shall  not 
begin  to  run  in  respect  to  actions  by 
any  town  or  city  for  the  recovery 
of  any  street,  alley,  or  other  puDiic 
easement,  or  any  part  of  either,  or 
the  use  thereof  in  such  town  or  city^ 
until  the  trustees,  or  the  council  or 
the  corporation,  by  whatever  name 
known  or  called,  have  been  notified 
in  writing  by  the  party  in  possession, 
or  about  to  take  possession  to  the 
effect  that  such  possession  wiU  be 
adverse  to  the  right  or  title  of  such 
town   or   city.     Until   such   notice   is 


2S32 


CITIES  OF  THE  FIRST  CLASS. 


843 


prescribed  herein.  No  ground  laid  off  and  dedicated  as  a  street 
or  alley  by  the  owner  within  any  territory  heretofore  or  here- 
after annexed  to  the  city  shall  be  a  public  way  of  the  city  «ntil 
the  dedication  by  the  owner  as  such  shall  have  been  accepted  by 
a  resolution  or  ordinance  of  the  general  council,  recommended  by 
the  Board  of  Public  Works.  Upon  the  adoption  of  a  resolution  by 
the  General  Council  authorizing  and  directing  such  action,  it  shall 


given,  all  possession  of  streets,  al- 
leys and  public  easements,  or  any 
part  of  either,  in  any  town  or  city, 
slitdl  be  deemed  amicable,  and  the 
person  in  possession,  the  tenant  at 
wni  of  such  town  or  city. ' ' 

Neibher  the  mere  nou-user  by  the 
public  of  a  street  dedicated  to  public 
use,  no  matter  how  long  the  non- 
user  may  exist,  nor  the  failure  on 
the  part  of  the  city  authorities  to 
take  some  affirmative  action,  how- 
ever long  such  non-action  may  con- 
tinue, will  work  an  abandonment  of 
it  for  the  purposes  for  which  it  was 
dedicated.  Nothing  short  of  some 
affirmative  act  on  the  part  of  the 
city  manifesting  its  purpose  to  aban- 
don a  street  will  work  an  abandon- 
ment. City  of  Henderson  v.  Yeaman, 
169  Ky.  503;   184  S.  W.  878. 

If  the  right  of  the  city  was  not 
barred  when  the  IGeneral  Statutes 
were  adopted,  the  right  of  the  party 
claiming  the  street  is  regulated  there- 
by. Bosworth  v.  City  of  Mt.  Ster- 
ling, 87  Ky.  72;  13  S.  W.  920;  Stuart 
V.  Troutman,  9  E.  924;  7  S.  W.  553; 
and  see  Davis  v.  City  of  Clinton,  25 
R.  2021;  79  S.  W.  259;  City  of  Cov.  v. 
Hall,  30  E.  356;  98  S.  W.  317;  City 
of  Latonia  v.  Latonia  Agr.  Asso., 
33  R.  138;  109  S.  W.  356;  Keril  v. 
City,  118  S.  W.  363;  Hurst  v.  Swango, 
144  Ky.  22;  137  S.  W.  794;  Faith  v. 
City,  145  Ky.  276;  140  S.  W.  312. 

The  right  of  the  city  to  property, 
as  an  alley,  where  plaintiffs  claim  by 
adverse  holding,  but  where  the  deeds 
under  which  plaintiffs  claim  recog- 
nize the  disputed  tract  as  an  alley 
of  the  city.  Moody-Mitchell  etc.,  Co. 
V.  City  of  Louisville,  169  Ky.  237; 
183  S.  "W.  481. 

Although  a  street  may  have  been 
dedicated  to  the  public  use  and  used 
by  the  general  public  for  many  years. 


this  use  does  not  constitute  an  ac- 
ceptance by  the  city,  as  the  city  has 
the  option  of  accepting  or  not  ac- 
cepting a  street  dedicated  to  public 
use.  Mulligan  v.  McGregor,  165  Kv. 
222;    176   S.   W.    1129. 

(2)  Closing  streets  and  alleys.  The 
Legislature  has  no  power  to  pass  an 
act  closing  either  tihe  whole  or  part 
of  an  alley  without  the  consent;  of 
abutting  lot  owners.  Bannon  v. 
Rohmeiser  90  Ky.  48;  13  S.  W.  444. 
City  can  not  close  one  end  of  a  street 
without  making  compensation  to  the 
owner  of  the  j^roperty  bordering  on 
the  street  who  is  thereby  deprived 
of  convenient  access  to  other  streets. 
Gargan  v.  L.  N.  A.  &  C.  Ry.  Co.,  89 
Ky.  212;  12  S.  W.  259.  Nor  can  an 
alley  which  is  a  public  way  be  closed 
against  the  will  of  the  persons  own- 
ing lots  in  the  square  through  which 
the  alley  runs  and  who  have  an  ease- 
ment ,over  it  unless  it  is  closed  for 
or  on  account  of  some  public  use. 
City  of  Louisville  v.  Bannon,  99  Kv. 
74;  35  S.  W.  120;  Martin  v.  City  of 
Louisville,  97  Ky.  30;  29  S.  W.  864. 
A  resolution  .of  the  Louisville  city 
council,  vacating  an  alley  over  which 
abutting  owners  have  a  right  of  way 
is  void.  Rohmeiser  v.  Bannon  IB  R. 
114;   22  S.  W.  27. 

(3)  Condemnation  of  street  for 
railroad.  In  the  absence  of  express 
statute  a  railroad  company  can  not 
condemn  and  appropriate  to  its  use, 
ad  libitum,  land  already  dedicated  to 
the  public  for  streets.  "  Not  only  the 
city,  but  the  owner  of  the  fee,  may 
enjoin  the  condemnation  upon  the 
ground  that  it  would  be  a  special  in- 
jury to  him.  Cornwall  v.  L.  &  N.  R. 
R.   Co.,  87  Ky.  72;   7  S.  W.  553. 

(4)  Construction  of  railroad  in  a 
street  is  not  per  se  an  encroachment 
upon  abutting  lot  owners;  if  he  is  de- 


844 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2832 


be  the  duty  of  the  city  attorney  to  institute  suit  for  the  city  in 
the  circuit  court  for  the  purpose  of  closing  any  street  or  alley 
dividing  any  of  the  squares  or  lots  within  the  limits  of  the  city, 
and  to  such  suit  all  the  owners  of  ground  in  the  squares  or  lots 
divided  by  the  street  or  alley  sought  to  be  closed  abutting  on 
such  street  or  alley  shall  be  made  defendants,  and  if  all  of  such 
defendants  are  competent  to  act  for  themselves  and  consent  in 


prived  of  the  reasonale  use  of  the 
street,  he  may  have  relief,  but  if  he 
is  merely  inconvienced  he  is  with- 
out relief.  Case  of  an  elevated  rail- 
wav.  Fulton  v.  Short  Eoute,  Trans- 
fer'Co.,  85  Ky.  640;  4  S.  W.  332;  and 
see  Dulaney  v.  GL.  &  N.  R.  E.,  100 
Ivv.  628;  38  S.  W.  1050;  Ky.  &  Ind. 
Bridge  Co.  v.  Kreiger,  93  Ky.  243;  16 
S.  W.  824;  and  see  Sec.  242  of  Con. 
and  notes. 

(5)  City  council,  when  authorized 
by  the  Legislature,  may  grant  a  right 
to  construct  and  operate  an  electric 
or  steam  railway  upon  the  public 
streets.  Louisville  Bagging  Co.  v. 
Central  Pass.  Ey.  Co.,  95  Ky.  50;  23 
S.  W.  592. 

(6)  Dedication  of  streets  and  al- 
leys. Wihere  the  owner  of  land  ad- 
jacent to  a  city  lays  it  out  into  build- 
ing lots,  streets,  and  alleys,  and  sells 
lots  as  bounded  by  such  streets  and 
alleys,  this  is  an  immediate  dedica- 
tion o'f  the  streets  and  alleys  to  the 
purchaser  and  public,  although  they 
have  not  been  actually  opened. 
Schneider  v.  Jacob,  86  Ky.  101;  5  S. 
W.   350. 

(7)  Adverse  user.  The  fact  that 
the  city  passed  an  ordinance  author- 
izing the  condemnation  and  opening 
the  passway  as  a  street  was  not  a 
disclaimer  by  it  that  the  strip  was 
previously  a  public  wayi.  Eastei^n 
Cemetery"  Co.  v.  City  of  Louisville, 
13  E.  279;  15  S.  W.  1117. 

(8)  Implied  dedication  of  streets — 
partition — plat — acceptance  and  en- 
joyment of  improvements  made  by 
the  public — effect  of  a  certain  reser- 
vation in  the  deed  and  plat  to  the 
effect  that  the  streets  were  not  to  be 
considered  as  dedicated  to  the  public. 
Caperton  v.  Humpich,  95  Ky.  105; 
23  S.  W.  875. 


(9)  Dedication — when  presumed. 
Kaye  v.  Hall,  13  B.  M.  455;  Wiekliffe 
V.  Lexington,  11  B.  M.  155. 

The  dedicators  of  a  public  way 
may  impose  any  conditions  as  to  its 
use  which  they  may  desire  and  mav 
dedicate  it  for  a  sidewalk  only.  The 
public  may  acquire  an  easement  in  a 
public  way  by  adverse  user  for  a 
statutory  period,  and  a  private  owner 
may  lose  his  right  of  ingress  and 
egress  by  an  adverse  user  by  the 
public  of  such  kind  that  such  right 
is  denied  to  him  for  the  statutory 
period.  Home  Laundrv  Co.  v.  City 
of  Louisville,  168  Ky.  499;  182  S.  W. 
645. 

Evidence  that  a  city  constructed 
sewers  in  a  street  and  exercised  their 
actual  control  over  it  as  a  street  is 
sufficient  ,'to  show  its  acceptance. 
Koop  V.  Henry  Bickel  Co.,  168  Ky. 
487;  182  S.  W.  617. 

(10)  Easement  of  lot  owner  ill 
street.  Citizen's  right  to  unobstruct- 
ed use  of  contiguous  streets,  etc. 
Transylvania  University  v.  Lexing- 
ton, 3  E.  M.  25.  Oranting  easement 
in  street.  Right  of  way  granted  to 
railroad.  L.  &  O.  Ry.  v.  Appelgate, 
8  Dana,  289.  The  exclusive  use  of 
a  street  is  in  the  public,  even  when 
the  fee  to  the  center  is  in  abutting 
lot  owners.  J.  M.  &  1.  E.  E.  v. 
Esterle,  1)3  Bush,  667.  The  occupa- 
tion and  use  of  a  street  by  a  steam 
railroad  does  not  entitle  the  adjacent 
lot  owners  to  compensation  as  for 
propertv  taken  for  public  use.  E. 
&:  P.  e".  R.  v.  Thompson,  79  Ky.  52; 
but  see  Com.,  sec.  242,  and  notes. 

(11)  Elevated  railroads.  A  charter 
to  build  a  railroad  confers  the  right 
to  elevate  it  wherever  the  character 
of  the  country  makes  it  convenient 
or  essential.  Legislative  recognition 
of   right   to   elevate — ordinance.     Ful- 


2832 


CITIES  OF  THE  FIRST  CLASS. 


845 


writing  to  the  closing  prayed  for,  then  the  court  shall  render  a 
decree  accordingly,  but  without  such  consent,  the  court  shall 
hear  proof  made  by  the  parties,  and  if  satisfied  from  the  evi- 
dence that  the  closing  would  be  beneficial  to  the  city,  and  not 
injurious  to  any  party  not  consenting,  shall  render  a  decree 
closing  such  street  or  alley.  (Sections  as  amended  by  act  of 
March  22,  1902.) 


ton    V.    Short    Eoute   Tr.    Co.,    85    Kv. 
ii-iO;  4  S.  W.  332;   7  Am.  St.  Eep. 

(12)  Grade  of  proposed  street  to 
be  fixed  by  council.  The  city  council 
i;au  not  delegate  its  authority  to  fix 
j:he  grade  of  streets  it  orders  to  be 
opened.  A  petition  to  enforce  the 
lien  is  defective  unless  it  alleges  that 
the  grade  was  fixed  by  council.  Zable 
V.  Baptist  Orphans'  Home,  92,  Ky.  89; 
17  S.  W.  212;   13  L.  E.   A.  666. 

(13)  Injury  to  property  by  im- 
proving street.  For  unnecessary  in- 
jury to  property  in  making  improve- 
ment the  city,  and  not  the  contrac- 
tor, is  liable,  the  contractor  having 
done  the  work  as  required  by  the  or- 
dinance and  contract.  Liability  for 
surface  water  flowiiiig  on  adjaicent 
lots.  Pearson  v.  Zable,  78  Ky.  170; 
see  Kemper  v.  Louisville,  14  Bush  87; 
and  notes  to  sec.  242,  Con.  Cases  in 
which  it  was  held  an  action  would 
not  lie.  Keasy  v.  Louisville,  4  Dana 
154;  Wolfe  v.  C.  &  L.  E.  E.,  15  B. 
M.  404;  L.  &  F.  E.  E.  v.  Brown,  17 
B.  M.  763;  N.  &  C.  Bridge  Co.  v. 
Foote,  9  Bush  264.  Obstruction  of 
light,  air  or  private  passway — right 
of  action.  Keasy  v.  Louisville,  4 
Dana  154;  Louisville  v.  Louisville 
Eolling   Mill,    3   Bush   416. 

A  municipality  is  not  liable  under 
the  original  establishment  of  a  street 
grade  unless  done  negligently.  City 
of  Owensboro  v.  Hope,  128  Kv.  524"; 
118   S.   W.   873. 

In  the  absence  of  corruption  or  bad 
faith  on  the  part  of  the  officers  of 
the  city,  no  recovery  can  be  had  for 
r.onsequental  damages  to  property 
growing  out  of  the  original  establish- 
ment of  the  grade  of  a  street.  How- 
•jver^  damages  may  be  recovered  for 
the  negligent  construction  of  the 
street  on  the  established  grade.  City 
of  Louisville  v.  Lausberg,  161  Ky. 
363;   li70  S.  W.  962. 


In  the  absence  of  evidence,  show- 
ing that  the  municipal  authorities 
acted  corruptly  or  in  bad  faith,  the 
city  is  not  liable  for  consequential 
damages  growing  ont  -of  the  original 
establishment  of  the  grade  of  the 
street,  but  euch  damages  may  be  re- 
covered for  the  negligent  construc- 
tion of  the  street  upon  the  grade  so 
Sauter,  149  Ky.  723;  149  S.  AV.  1029; 
City  of  Louisville  v.  Koshewa,  161 
Ky.  360;  170  S.  W.  964. 

Until  the  town  fixes  the  grade  ef 
a  street,  it  may  cut  the  street  down, 
without  liability  to  the  property  own- 
er, but  if  it  changes  the  grade  after 
it  is  fixed,  it  will  be  liable.  Philpot 
V,  Town  of  Tompkinsville,  148  Kv. 
512;  146  S.  W.  1093. 

A  municipality  is  not  liable  to  the 
owner  of  abutting  property  for  dam- 
ages caused  bj'-  the  establishment  of 
the  original  grade  of  a  street,  which 
was  a  county  highway  constructed 
on  a  different  grade  before  the  terri- 
tory was  taken  into  the  eity.  Town 
of  Erlanger  v.  Codv,  158  Ky.  628; 
166  S.  W.  202. 

A  city  is  not  liable  to  the  owner 
of  adjacent  property  for  damages 
from  the  original  establishment  of 
the  grade  of  a  street,  which  was  a 
county  highway  constructed  on  a  dif- 
ferent grade,  before  the  territory  was 
taken  into  the  city  by  an  extension 
of  its  boundaries.  Gernert  v.  City 
of  Louisville,  155  Kv.  590;  1-59  S.  W. 
1163. 

(14)  Liability  of  city  for  ground 
taken  in  widening  street.  A  street 
was  widened  ,taking-  thirty  feet  from 
H's  lot.  Afterward  H  conveyed  the 
lot  to  D,  reserving  the  right  of  action 
against  the  city  for  wrongfully  con- 
verting the  thirty  feet.  He  can  not 
recover  the  thirty  feet — whether  the 
city   is   liable    to    him   in    damages   is 


846 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2833 


§  2833.  Original  construction — cost — square  defined — ter- 
ritory not  defined — wells  and  cisterns — lien.  When  the  im- 
provement is  the  original  construction  of  any  street,  road,  lane, 
alley,  or  avenue,  such  improvement  shall  be  made  at  the  exclu- 
sive cost  of  the  owners  of  lots  in  each  fourth  of  a  square  to 
•be  equally  apportioned  by  the  Board  of  Public  Works,  according 
to  the  number  of  square  feet  owned  by  them,  respectively,  and 
in  such  improvements  the  cost  of  curbinig  shall  constitute  a  part 


not   decided.     Hawes   v.    Louisville,   5 
Bush  667. 

(15)  Lots  bounded  on  streets  and 
alleys.  Where  deed  calls  for  a  street 
or  alley  as  a  boundary,  the  granree 
acquires  title  to  the  center  of  the 
street  or  alley.  Jacob  v.  Woolfolk, 
90  Ky.  426;  14  S.  W.  415;  Schneider 
V.  Jacob,  86  Ky.  101;  5  S.  W.  350. 

(16)  Opening  of  streets  and  alleys. 
Act  prohibiting  except  by  city  au- 
thorities. City  may  take  notice  of 
streets  and  alleys  'opened  by  persons 
through  their  property,  and  doin  so 
previous  consent  to  their  being  open- 
ed will  be  presumed.  Kaye  v.  Hall, 
13  B.  M.  455. 

(17)  Right  to  alley  by  user.  The 
status  of  an  alley  was  not  changed 
by  a  resolution  of  the  city  council 
refusing  to  accept  it  as  a  public  way. 
Persons  by  long  use  having  acquired 
the  right  to  use  it  without  obstruc- 
tion. Rohmeiser  v.  Bannon,  15  R. 
114;  22  S.  W.  27. 

(18)  Implied  dedication  of  streets. 
Where  the  owner  of  land  sells  accord- 
ing to  plat  exhibited  at  the  sale, 
which  plat  show.s  a  certain  portion  of 
ground  to  be  a  street,  such  sale  and 
exhibition  of  the  plat  amounts  to  an 
irrevocable  offer  to  dedicate  the  lands 
to  the  city  for  a  street.  The  city 
may  accept  whenever  it  sees  fit  so  to 
do,  but  the  owner  may  not  recall  such 
implied  dedication.  City  of  Louis- 
ville V.  Mutual  Life  Insurance  Co., 
147  Ky.  141;  143  S.  W.  782. 

(19)  Parties.  A  person  whose  prop- 
erty does  not  abut  on  the  portion  of 
the  street  sought  to  be  closed  and 
who  has  ample  facilities  for  ingress 
and  egress  by  other  streets  is  not  a 
necessary  party  in  a  suit  to  close  a 
street.  Haller  v.  City  of  Louisville, 
32  R.   1045;   107  S.  W.   741.     See  also 


on  this  section  Long  v.  Barber  As- 
phalt Paving  Co.,  151  Ky.  1;  151  S. 
W.  6.  City  of  Louisville  v.  Bott's 
Admrx.,  151  Ky.  578;   152  S.  W.  529. 

(20)  A  salvage  corps  controlled 
and  paid  by  insurance  companies  to 
attend  fires  and  protect  property,  is 
not  entitled  to  the  use  of  the  streets 
in  preferance  to  other  persons.  Lou. 
Ry.  Co.,  V.  Lou.  Fire  &  Protective 
Assn.,  151  Ky.  644;  lj52  S.  W.  799. 

(21)  Where  an  abutting  property 
owner  uses  for  his  own  benefit  a 
drain  pipe  crossing  a  sidewalk,  to 
which  pipe  he  has  connected  a  down 
spout  to  his  building,  the  drain  pipe 
constitutes  such  a  servitude  for  hia 
exclusive  benefit  as  to  make  him  lia- 
ble to  keep  it  in  reasonable  repair 
so  as  to  enable  persons  using  the 
sidewalk  to  travel  over  it  with  safe- 
ty. City  of  Louisville  v.  Metropoli- 
tan Realty  Co.  168  Ky.  204;  187  S. 
W.   172. 

§  2833.  (1)  Agreement  to  keep  in 
repair.  Contracts  for  construction  of 
street  with  agreement  to  keep  it  in 
repair  for  five  years.  Retention  of 
part  of  cost  of  work  as  security.  Ac- 
tion by  assignee  of  contractor.  Nec- 
essary averments.  City  of  Louisville 
V.  Muldoon,  94  Ky.  462;  22  S.  W. 
847.  Stipulation  construed  to  mean 
that  the  contractor  was  only  bound 
to  make  good  such  portions  of  hia 
work  as  might  prove  within  the 
specified  time,  to  have  been  defec- 
tively done.  Louisville  v.  Henderson, 
5  Bush  515.  It  is  the  duty  of  the 
city  to  keep  streets  in  repair,  and  if 
the  guaranty  of  the  contractor  im- 
posed any  burden  on  the  lot  owners, 
they  should  to  that  extent  be  re- 
lieved. Covington  v.  Dressman,  6 
Bush  210.  It  is  not  unreasonable  to 
require  the   contractor  to  maintain   a 


2833 


CITIES  OF  THE  FIRST  CLASS. 


847 


of  the  cost  of  the  construction  of  the  street  or  avenue,  and  not 
of  the  sidewalk.  Each  subdivision  of  the  territory  bounded  on 
all  sides  by  principal  streets  shall  be  deemed  a  square.  When 
the  territory  contiguous  to  any  public  way  is  not  defined  into 
squares  by  principal  streets,  the  ordinance  providing  for  the 
improvement  of  such  public  ways  shall  state  the  depth,  not  ex- 
ceeding five  hundred  feet,  on  both  sides  of  said  improvement  to  be 
assessed  for  the  cost  of  making  the  same,  including  the  cost  of  the 
improvement  of  the  intersections,  if  any,  of  said  public  way,  ac- 
cording to  the  number  of  square  feet  owned  by  the  parties  respec- 
tively within  the  depth,  as  set  out  in  the  ordinance.  The  General 
Council  shall  have  power  by  ordinance,  recommended  by  the 
Board  of  Public  Works,  to  cause  the  digging  and  the  walling  of 
public  wells  and  cisterns,  and  the  placing  of  water-plugs  and  fire- 


plant  in  the  city  during  tihe  "five 
years.  Barber  Asphalt  Pav.  Co.  v. 
Gaar,  115  Ky.  334;   73  S.  W.   1106. 

A  contract  requiring  a  contractor 
for  a  street  pavement  to  keep  it  in 
repair  for  a  number  of  years  will  in- 
clude defects  caused  by  gas  leaking 
from  mains  located  in  the  streets, 
if  such  defects  are  not  expressly  ex- 
cepted from  the  operation  of  the  con- 
tract. Barber  Asphalt  Paving  Co.  v. 
Citv  of  Louisville,  123  Kv.  687;  97 
S.  W.  31;  9  L.  E.  A.   (N.  S."),  154. 

(2)  Benefit  to  owner — public  need. 
When  the  council  has  decided  that 
the  assessed  area  as  an  entirety  will 
be  benefited  by  the  contemplated  im- 
provement, a  lot  owner  may  be  com- 
pelled to  pay  his  part  of  the  cost, 
unless  the  absence  of  benefit  and  of 
public  need  of  the  improvement 
make  it  manifest  that  the  burden 
amounts  to  spoliation.  Preston  v. 
Eudd,  84  Ky.  150;  7  R.  806.  In  order 
to  make  adjacent  property  liable  for 
cost  of  improving  a  street  it  is  not 
necessary  that  the  city  or  contractor 
should  show  benefit  to  the  owner 
Nevin  v.  Roach,  86  Ky.  492;  5  S.  W. 
546;  Pearson  v.  Zable,  78  Ky.  170; 
City  of  Lou.  V.  Bitzer,  115  Ky.  359; 
73  S.  W.  1115. 

(3)  City  can  not  delegate  its  au- 
thority. The  power  to  pass  ordi- 
nances to  improve  streets  is  legisla- 
tive and  can  not  be  delegated.  Hydes 
v    Joyce,  4  Bush   464. 


(4)  Curing  invalid  assessment.   An 

amended  act  attempting  to  cure  a 
void  assessment  was  declared  inop- 
erative. Slaughter  v.  Louisville,  89 
Ky.   112;   8   S.   W.  920. 

(5)  Double  taxation — what  will 
amount  to.  Where  one  part  of  a  city 
has  improved  its  streets  by  taxing 
the  owners  of  property  thereon^  the 
same  owners  can  not  be  taxed  to 
improve  the  streets  in  another  part 
of  the  city  in  a  like  manner;  but  a 
contingency  may  arise  when  it  would 
be  proper  to  resort  to  a  popular  vote 
and  obtain  by  the  consent  of  those 
taxed,  the  right  to  contract  such  a 
debt  as  is  necessary  to  make  the  im- 
provement. Frantz  v.  Jacob,  88  Ky. 
525;  11  S.  W.  654. 

(6)  Exemption  from  assessment. 
The  word  tax  or  taxation  when  used 
in  the  statute  exempting  property 
from  taxation,  does  not  include  local 
assessments  unless  used  in  connec- 
tion with  other  words  indicating  such 
intention.  Zable  v.  Louisvlle  Baptist 
Orphans'  Home,  92  Ky.  89;  17  S.  W. 
212;  13  L.  E.  A.  666;  Kilgus  v.  Trus- 
tees, 94  Ky.  439;   22  S.  W.   752. 

(7)  Homestead  may  be  subjected  to 
lien  for   street   improvements.     Nevin 

•  V.  Allen,  15  R.  836;   26  S.  W.   ISO. 

(8)  Location  of  carriage-way — cen- 
ter. Where  the  ordinance  for  the 
construction  of  a  carriage-way  mere- 
ly defines  the  width,  leaving  it  to 
the    engineer  to   locate   the   way,   the 


848 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2833 


hydrants  and  attachments  to  street  water-pipes  in  the  public 
ways  and  to  apportion  the  cost  thereof  exclusively  against  the 
owners  of  lots  fronting  the  public  ways  to  the  middle  of  each 
square  from  the  intersection  at  or  near  which  the  work  shall  be 
located  according  to  the  number  of  square  feet  in  such  lots,  or  in 
any  other  equitable  mode  of  apportionment  which  the  General 
Council  may  prescribe  by  ordinance,  and  lien  shall  exist  against 
such  lots  for  respective  apportionment  by  the  Board  of  Public 
Works,  of  the  cost  of  digging  and  walling  of  public  wells  and  cis- 
terns, and  the  placing  of  water-plugs  and  fire-hydrants  and  at- 
tachments to  street  water-pipes,  with  interest  from  the  date  of 
the  apportionment  at  the  rate  of  6  per  cent  per  annum  until  paid. 
The  General  Council  shall  have  power  by  ordinance  recommended 
by  the  Board  of  Public  Works,  to  require  that  water,  gas  and 


owners  of  abutting  property  can  not 
escape  the  burden  of  the  cost,  al- 
though the  engineer  did  not  locate 
the  way  in  the  center  of  the  street 
so  as  to  leave  the  equal  space  on 
each  side  of  the  way  for  sidewalks, 
the  property  owner  not  being  entitled 
as  a  matter  of  right  to  a  certain 
space  for  a  sidewalk.  Nevin  v. 
Eoach,   86  Ky.,  492;   5  S.  W.   546. 

(9)  Objection  to  improvements — 
when  to  be  made.  The  courts  can 
not  be  resorted  to  avoid  the  pay- 
ment for  work  already  done  in  con- 
formity with  the  ordinance  and  con- 
tract. The  power  of  the  court  should 
be  invoked  before  the  improvement 
is  made.  Preston  v.  Roberts,  12 
Bush  570;  Barber  Asphalt  Co.  v. 
Gaar,  H5  Ky.  334;   73  S.  W.  1106. 

(10)  When  the  work  is  completed 
and  the  contract  eomijlied  with  the 
lot  owner  can  not  be  relieved  from 
payment  by  reason  of  an  error  of 
the  council  in  the  apportionment  of 
the  burden.  Cooper  v.  Nevin,  90  Ky. 
85;  13  S.  W.  481;  and  see  further, 
note   (3)   sec.  2834. 

(11)  Ordinances  need  not  be 
spread  on  the  records.  It  is  not  nec- 
essary that  an  ordinance  for  a  street 
improvement,  or  the  contract  and  ap- 
portionment made  pursuant  thereto, 
should  be  spread  in  full  upon  the 
records  of  the  city  council.  Nevin  v. 
Roacjh,  86  Ky.  492;  5  S.  W.  546. 

(12)  Ordinance — ^passage     of — pre- 


sumption. Single  entry  by  clerk  up- 
on the  records  of  the  council  that 
ordinances  for  the  improvement  of 
several  streets,  naming  them,  were 
passed,  does  not  show  that  they  were 
all  voted  upon  separately,  as  re- 
quired bv  the  charter.  Nevin  v. 
Roach,  86  Ky.  492;   5  S.  W.  546. 

(13)  Error  (if  any)  in  failing  to 
vote  on  an  ordinance  on  two  differ- 
ent days  is  one  which  comes  within 
the  provisions  of  another  section 
that  "no  error  in  the  proceedings  of 
the  General  Council  shall  exempt 
from  payment  after  the  work  has 
been  done;  .  .  and  in  no  event 
shall  the  city  be  liable. ' '  Broadway 
Baptist  Church  v.  McAfee,  8  Bush, 
510. 

(14)  Original  construction.  Where 
a  portion  of  a  turnpike  was  taken 
into  the  city  by  the  extension  of  its 
limits  and  become  a  public  way  of 
the  city,  the  regrading  and  paving 
thereof  was  an  ' '  original  construc- 
tion."  McHenrv  v.  Selvage,  99  Kv. 
233;  35  S.  W.  645;  and  see  City  v. 
Tyler,  111  Ky.  588;   65  S.  W.  125. 

There  is  no  original  construction 
where  a  water  company  for  purposes 
lof  its  own  constructed  a  street  at 
its  own  expense.  Sparks  v.  Barber 
Asphalt  Paving  Co.,  112  S.  W.  830; 
129  Ky.  769;  22  L.  R.  A.   (N.  S.)  877. 

(15)  Original  construction.  For 
full  discussion  see  Barfield  v.  Glea- 
son,  111  Ky.  491;   63  S.  W.  964. 


2833 


CITIES  OF  THE  FIRST  CLASS. 


849 


sewer  service  pipes  shall  be  laid  and  constructed  from  the  main 
pipes  and  sewer  in  any  public  way  to  each  lot  abutting  on  said 
public  way  before  said  public  way  is  paved  or  repaved.  Where 
the  land  abutting  on  said  public  way  is  not  divided  into  lots  the 
Board  of  Public  Works  shall  fix  a  reasonable  distance,  fronting  on 
said  public  way  which  shall  constitute  a  lot  for  the  purposes  of 
this  act  and  to  each  of  said  lots  shall  be  laid  and  constructed  a 
water,  gas  and  sewer  service  pipe.  Such  reasonable  distance  shall 
not  be  less  than  twenty-five  (25)  feet.  No  water,  gas  or  sewer 
service  pipes  shall  be  laid  or  constructed  under  this  act,  unless 
there  be  a  water  or  gas  main  or  sewer  in  said  public  way  to 
which  said  service  pipes  are  to  be  connected,  nor  shall  any  pipes 
be  constructed  under  this  act  unless  said  public  way  is  about  to  be 
paved  or  repaved.  The  cost  of  installation  of  each  pipe  shall  be 
charged  against  the  lot  abutting  on  each  public  way  which  is 
served  or  to  be  served  by  such  pipe,  and  a  lien  shall  exist  against 
such  lot  for  the  respective  apportionment  by  the  Board  of  Public 
Works  of  such  cost,  with  interest  at  the  rate  of  six  (6)  per  cent 
per  annum  until  paid.  The  installation  of  service  pipes  and 
sewers  under  this  act  shall  be  ordained  by  the  General  Council 


(16)  Owners  hold  subject  to  right 
of  the  city  to  improve.  tLot  owners 
may  be  presumed  to  have  purchased 
in  contemplation  of  the  power  of  the 
city  to  make  such  improvements  as 
are  ordinary  and  useful,  but  when  the 
improvements  are  extraordinary  and 
so  peculiarly  injurious  to  the  owners 
as  to  result  to  some  extent  in  the  dep- 
rivation of  the  use  of  their  property 
and  injury  to  their  business,  such 
improvements  should  not  Ibe  made 
without  compensation.  Louisville  v. 
Louisville  Rolling  Mill  Co.,  3  Bush, 
416;  Goeke  v.  Staebler,  141  Kv.  66; 
132  S.  W.  167. 

(17)  Reconstruction  of  street.  Or- 
dinance passed  under  act  requiring  a 
street  to  be  torn  up  and  reconstruct- 
ed at  the  cost  of  adjacent  lot  owners 
held  valid.  Bradley  v.  McAtee,  7 
Bush,  667. 

(18)  School  property  held  by  the 
school  board  for  the  use  of  the  public 
schools  is  not  subject  to  seizure  or 
sale  for  street  improvements.  City 
of  Louisville  v.  Leatherman,  99  Ky. 
213;  35  S.  W.  625. 


(18 /a)  Cemetery  held  not  subject 
to  lien  for  street  improvements.  Cave 
Hill  Cemetery  Co.  v.  Gosnell,  156  Ky. 
599;   161   S.  W.   980. 

(19)  Square — territory  not  defined. 
— comer  lot.  The  territory  may  be 
so  large  as  to  authorize  the  conclu- 
sion that  it  could  not  have  been  in- 
tended to  be  a  square  within  the 
meaning  of  the  charter  in  regard  to 
street  improvements;  but  the  mere 
fact  that  a  square  is  larger  than  the 
usual  squares  of  the  city  will  not  au- 
thorize such  conclusion.  Nevin  v. 
Roach,  86  Ky.  492;  5  S.  W.  546.  What 
deemed  a  square.  Broadway  Baptist 
Church  V.  McAtee,  8  Bush,  510;  Cald- 
well  v.   Rupert,   10  Bush,   179. 

(20)  Rules  as  to  apportionment.  In 
assessing  property  under  the  charter 
it  is  not  necessary  to  confine  each 
assessment  and  apportionment  in- 
flexibly to  a  singfe  square.  Property 
in  adjoining  squares  may  in  some 
cases  be  included.  Stengel  v.  Pres- 
ton, 89  Ky.  616;   13  S.  W.  839. 

(21)  Rule  when  the  property  as- 
sessed   is    not    defined    into    squares. 


850 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2833 


in  a  special  ordinance  fOr  that  purpose,  and  the  contract  for 
the  installation  of  such  pipes  may  be  separate  from  or  a  part 
of  the  contract  for  the  improvement  of  the  public  way.  Th<^ 
General  Council  shall  have  power  by  ordinance  recommended 
by  the  Board  of  Public  Works  to  prescribe  that  such  water  and 
gas  pipes  shall  be  installed  by  the  respective  owners  of  thf^ 
main  pipes  in  the  public  way,  at  the  cost  of  the  respective  owners 
of  the  abutting  lots,  and  that  such  sewer  service  pipes  shall  be 
laid  by  the  Board  of  Public  Works  at  the  cost  of  the  respective 
owners  of  the  abutting  lots.  Provided,  however,  that  any  gas  com- 
pany whose  franchise  requires  said  company  to  bear  the  expense 


Loeser  v.  Eedd,  14  Bush,  18.  If  the 
territory  contiguous  to  the  street  is 
defined  into  squares,  the  charter  fixes 
the  district,  and  the  council  has  no 
right  to  define  the  taxing  district. 
Mode  of  apportioning  the  burden 
when  territory  on  one  side  of  the 
streets  has  been  defined  into  ordi- 
nary squares  and  that  on  the  other 
side  has  not.  Cooper  v.  Nevin,  90 
Ky.  85;  13  S.  W.  481;  Preston  v. 
Eoberts,  12  Bush,  570;  Dumesnil  v. 
Shanks,  97  Ky.  354;  31  S.  W.  864; 
Grerman  P.  0.  Asylum  v.  Barber  Pav- 
ing Co.,  26  E.  805;  82  S.  W.  632; 
City  V.  American  Asphalt  Co.,  125 
Ky.  497;  102  S.  W.  806;  Joehum  v. 
Henry  Bickel  Co.,  146  Ky.  73;  141 
S.  W.  1190;  Bullitt  v.  Gosnell,  1)33 
Kv.  447;  118  S.  W.  329;  Long  v. 
Barber  Asphalt  Co.,  151  Ky.  1;  l|cl 
S.  W.  6. 

(22)  Street  along  sq,uare,  part  of 
which  has  been  previously  construct- 
ed at  the  cost  if  adjacent  lot  owners. 
Eule  as  to  apportionment.  Beck  v. 
Obst,  12  Bush,  268;  and  see  Washle  v. 
Nehan,  97  Ky.  351;  40  S.  W.  1040; 
Dumesnil  v.  Shanks,  97  Ky.  354;  31 
S.  W.  864;  Dumesnil  v.  Oleason,  99 
Ky.  652;  37  S.  W.  69. 

(23)  Case  when  imjirovement  does 
not  extend  the  whole  distance  of  the 
square  or  reach  some  of  the  proper- 
tv  assessed.  Boone  v.  Nevin,  15  R. 
574;   23  S.  W.  512. 

(24)  Provisions  in  charter  placing 
the  costs  of  improvement  upon  own- 
ers of  lots  in  each  fourth  of  a  square 
to  be  equally  apportioned,  etc.,  ac- 
rording  to  the  number  of  square  feet 


owned  by  them  respectively,  except 
corner  lots,  which  shall  pay  twenty- 
'five  per  cent  more,  held  to  be  valid. 
Broadwav  BaDtist  Church  v.  McAtee, 
8  Bush,  510. 

(25)  See  diagram  in  opinions  illus- 
trating the  principle  upon  which  as- 
sessments should  be  made.  Schmelz 
V.  Giles,  12  Bush,  491;  Button  v. 
Kremer,   114   Ky.  463;    71   S.   W.   332. 

(26)  Proper  apportionment  where 
property  adjacent  to  city  boundary 
line.  Bullitt  v.  Gosnell,  133  Kv.  447; 
1]J8    S.   W.    329. 

(27)  Subsequent  act  will  not  vital- 
ize void  ordinance.  Ordinance  con- 
ferring no  legal  authority  to  make 
and  let  the  improvements  when  put 
under  contract  can  not  be  validated 
by  subsequent  act.  Hydes  v.  Joyce,  4 
Bush,  464.  Ordinance  rejiorted  lo 
council,  but  which  is  not  shown  by 
the  record  to  have  been  adopted,  can 
not  be  declared  by  a  subsequent 
council  to  have  been  adopted  by  the 
former.  Covington  v.  Lud!ow,  1  Me^. 
298. 

(28)  Lot  defined.  In  a  proceeding 
to  subject  a  triangular  lot  of  ground 
used  as  a  right  of  way  for  the  L.  & 
N.  E.  E.  Co.,  to  a  lien  for  street  im- 
provements, it  was  insisted  that  said 
lot  was  only  a  right  of  way,  and  not 
subject  to  payment  for  street  im- 
provements, also  that  it  receive  no 
benefit  from  said  improvement.  Held, 
that  said  objections  are  not  tenable. 
It  was  also  contended  that  the  right 
of  way  was  not  a  lot  in  the  meaning 
of  the  statute  governing  street  iiJi- 
provements.      Held,    that    under    the 


2833 


CITIES  OF  THE  FIRST  CLASS. 


851 


of  a  service  pipe  from  the  main  pipe  to  the  property  line  of 
each  improved  lot,  shall  reimburse  the  owner  of  any  lot  which 
was  unimproved  when  said  public  way  was  paved  or  repaved,  but 
who  shall  thereafter  use  the  gas  pipe  installed  under  this  act, 
to  the  extent  of  his  expense  theretofore  incurred  for  the  instaila^ 
tion  of  said  pipe.  The  General  Council  shall  prescribe  by  ordi- 
nance the  necessary  details  for  the  purpose  of  carrying  out  tht> 
provisions  of  this  act.  {Section  as  amended  by  acts  of  March, 
1906  and  March,  1914.) 


statute  governiug  street  impro\'e- 
ments  a  lot  is  any  piece  of  land  witli- 
in  the  territory  defined  by  the  statute 
or  the  general  council  where  the 
territory  to  be  assessed  is  not  bound- 
ed by  princijjal  streets.  The  use  or 
the  non-use  or  the  character  of  the 
use  to  which  the  parcel  of  land  is 
put,  does  not  determine  the  question 
whether  it  is  or  is  not  a  lot.  Figg  v. 
L.  &  N.  E.  E.  Co.,  116  Ky.  135;  75  S. 
W.  269.  See  also  Holt  v.  Fige,  :^9  E. 
613;  94  S.  W.  34;  Jochura  \\  Henrv 
Bickel  Co.,  146  Ky.  73;  141  8.  W. 
1190.  The  cost  of  an  improvon^ent 
apportioned  against  a  lot  exceed  th« 
value  of  the  lot;  the  action  w;!s  prop- 
erly dismissed  as  to  the  property  own- 
er. City  of  Louisville  v.  Benedict, 
147  Ky.'391;   144  S.  W.  43. 

(29)  Streets  in  annexed  territory, 
where  one  laid  out  land  as  an  addi- 
tion to  a  citv,  subdividing  it  bv 
streets,  and  recorded  a  plat  thereof, 
and  sold  lots  by  deeds  calling  for  the 
streets,  and  the  lots  are  built  or,  and 
the  streets  are  used  as  such,  and 
thereafter  the  city  annexed  such  ter- 
ritory, such  streets  thereby  become 
principal  streets  of  the  citv,  within 
Ky.  St.  1899,  Sees.  2833,  283J  limit- 
ing the  territory  which  may  be  as- 
sessed for  a  street  improvement.  Park 
v.  Orth,  73  S.  W.  1015;  24  K.  2209. 
See  also  Orth  v.  Park,  117  Kv.  779; 
79  S.  W\  206. 

(30)  Estoppel  to  object  to  assess- 
ment. A  property  owner  should  not 
be  permitted  to  stand  by  in  silence, 
and  allow  a  street  improvement  to 
be  made,  and  then,  by  raising  objec- 
tions, escape  payment  for  the  bene- 
fit his  property  has  received.  Barber 
Asphalt  Pav.  Co.  v.  Gaar,  73  S.  W. 
1106;    115  Ky.   334. 


(31)  Assessments.  The  council  has 
no  power  in  determining  the  depth 
to  be  assessed  for  the  cost  of  another 
principal  street  and  lay  the  burden 
on  property  fronting  on  that  street 
which  derives  no  benefit  from  that 
improvement.  Fidelity,  etc.,  Com- 
pany V.  Voris,  110  Ky.  31^5;  61  S.  W. 
474.  Where  a  square  bounded  by 
principal  streets  was  irregular  in 
shape,  the  quarter  square  should  be 
determined  by  finding  one-fourth  of 
the  total  number  of  square  feet  in 
the  square.  Park  v.  Cane,  24  E.  2294; 
73  S.  W.  1121.  A  strip  of  land  ap- 
propriated to  use  by  a  railroad  as  a 
special  right  of  way,  and  which  is  a 
lot  within  the  statute  governing 
street  improvements,  is  liable  for  as- 
sessment. L.  &  N.  E.  E.  Co.  V.  Barb- 
er Asphalt  Paving  Co.,  116  Kv.  856; 
76  S.  W.  1097;  197  U.  S.  430;  Long  v. 
Barber  Asphalt  Pav.  Co.,  151  Ky.  1; 
151  S.  W.  6. 

(32)  Original  construction.  A  street 
is  not  originally  constructed  until  it 
is  improved  at  the  cost  of  the  ad- 
joining property  owners.  Citv  of 
Louisville  V.  Stoll,  159  Ky.  138';  166 
S.  W.  Sl'l.  A  parkway,  though  the 
title  be  vested  in  the  Board  of  Park 
Commissioners,  is  a  principal  street; 
and  where  a  street  bounded  on  one 
side  by  a  park  boulevard,  which  has 
been  dedicated  to  the  public  use,  is 
originally  constructed,  the  assess- 
ment 2/one  should  extend  to  a  point 
midway  between  such  street  and  the 
park  boulevard.  Marret  v.  Jefferson 
County  Construction  Co.,  161  Ky. 
845;  171  S.  W.  396;  see  also  Kimbley 
V.  Hickman,  Mavor,  163  Kv.  713; 
174  S.  W.  484.  the  council  liad  the 
power  fb  provide  for  the  improve- 
ment   of   Barney    Avenue    although    a 


852 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2833a 


§  2833a.     Claim  against  State  for    improvements — how  paid. 

That  when  any  public  way,  or  other  public  improvement  in 
any  city  of  the  first-class  in  this  Commonwealth,  is  ordered  or 
directed  by  ordinance  of  the  General  Council  of  such  city  to 
be  constructed,  which,  according  to  the  provisions  of  the  act 
for  the  government  of  that  class  of  cities,  may  be  lawfully  con- 
structed at  the  cost  of  the  owners  of  the  lots  of  ground  adjacent 
to  such  improvement,  or  within  the  taxable  limits  therefor,  de- 
fined as  provided  in  such  act,  and  any  such  real  estate  within 
such  taxable  limits  is  owned  by  the  State  of  Kentucky,  or  is 
held  in  trust  for  the  public  use  of  the  State,  the  proportionate 
part  of  the  cost  making  such  public  way  or  other  public  im- 
provement shall  be  apportioned  against  the  real  estate  of  the 
State  in  like  manner  as  against  other  lots  of  ground  within  such 
taxable  limits,  and  an  apportionment  warrant  or  statement 
thereof  shall  be  certified  by  the  Board  of  Public  Works  of  such 
city  to  the  Auditor  of  Public  Accounts,  who  shall  thereupon 
draw  his  warrant  on  the  State  Treasurer  for  the  amount  of  such 
apportionment  warrant  or  certified  statement  in  favor  of  the 
person  named  therein  as  entitled  to  the  amount  thereof,  and  the 
State  Treasurer  shall  pay  said  warrant  drawn  by  the  Auditor 
out  of  any  money  in  the  treasury  not  otherwise  appropriated. 
(This  section  is  an  act  of  February  28,  1902.) 

§  2834.  Lien  for  cost  of  constnietiRg  public  ways,  sidewalks, 
wells  and  cisterns — passage  of  ordinance.  A  lien  shall  exist  for 
the  cost  of  original  improvement  of  public  ways,  for  the  con- 
struction and  the  reconstruction  of  sidewalks,  and  for  the  digging 


part  of  the  boundary  as  fixed  was 
outside  of  a  line  drawn  at  right  an- 
gles to  the  intersection  of  Barney 
Avenue  with  park  boundary  road. 
Engelhard  v.  K.  &  I.  Const.  Co.,  162 
Ky.   774;   173   S.  W.   131. 

(33)  The  test  of  a  principal  street 
is  not  its  i^ractieability  for  travel, 
but  whether  or  not  it  has  been  dedi- 
cated and  accepted  bv  the  citv.  Koop 
V.  Henry  Bickel  Co!,  168  Ky.  497; 
182  S.  W.  617.  A  principal  street  is 
one  dedicated  to'  the  use  of  the  pub- 
lic. A  parkway  is  a  principal  street. 
Marret  v.  Jefferson  Co.  Const.  Co., 
161  Ky.  84.5,  171^8.  W.  396. 

§  2833a.   Property   of   State — liable 


for    street    improvement.       Hagar    v. 
Cast.  119  Ky.  502;   84  S.  W.   .356. 

§  2834.  (1)  Constrtiction  of  sewers. 
City  can  not  surrender  its  right  to 
construct  sewers;  and  aj  railway 
company  to  which  the  city  had  given 
the  right  of  way  holds  subject  to  the 
power  of  the  city  to  construct  sewers. 
L.   C.   Ry.   V.   Louisville,   8   Bush,  415. 

(2)  Construction  if  wells  and  cis- 
terns at  cost  of  property  owners.  Ap- 
portionment of  costs.  Louisville  v. 
Osborne,  10  Bush,  226;  Abraham  v. 
City,  23  R.  375;  26  S.  W.  1041;  Lou. 
Steam  F.  Co.  v.  Anderson,  22  R.  397; 
57   S.  W.   617. 

(3)  Error  in  proceedings  of  council 


2834 


CITIES  OF  THE  FIRST  CLASS. 


853 


and  walling  of  public  wells  and  cisterns,  for  the  apportionment 
and  interest  thereon  at  the  rate  of  six  per  cent  per  annum 
against  the  respective  lots.  Payment  may  be  enforced  upon  the 
property  bound  therefor  by  proceedings  in  court;  and  no  error 


will  uot  exempt  lot  owner  troni  pay- 
ment after  work  has  been  done.  City 
V.  Clark,  105  Kv.  392;  49  >S.  W.  18; 
Fehler  V.  Gosuell,  99  Ky.  380;  35  S. 
W.  1125;  and  see  City  v.  Selvage,  105 
Kv.  730;  51  S.  W.  447;  Gosnell  v. 
City,  104  Ky.  201;  46  S.  W.  722;  Glea- 
son  V.  Barnett,  106  Ky.  125;  50  S.  W. 
67;  Speeht  v.  Barber  Asphalt  Co., 
26  S.  193;  80  S.  W.  1106;  City  v. 
Gast,  118  Kv.  564;  81  S.  W.  693; 
Bullitt  V.  Gosnell,  133  Ky.  447;  118 
S.   W.   329. 

(4)  Improvement  unnecessary  is  no 
defense  to  action  to  recover  cost  of 
same,  as  court  will  not  go  behind  ac- 
tion of  council  in  ordering  the  im- 
provement. Dumesuil  v,  Louisville 
Stone  Co.,  109  Kv.  1;  58  S.  W.  371; 
Chawk  V.  Beville",  21  E.  1769;  56  S. 
W.  414. 

(5)  Justice  to  aU  concerned.  Un- 
der the  provisions  of  this  section  that 
the  council  and  courts  shall  do  jus- 
tice to  all  parties  concerned,  a  con- 
tractor may  recover,  although  the 
work  was  not  accepted  by  that  offi- 
cer authorized  to  accept  it  when  the 
work  was  compileted.  Isenberg  v. 
Selvage.  103  Ky.  260;  44  S.  W.  474. 

(6)  Lien — how  created.  What  must 
appear.  Action  to  enforce  lien.  Pres- 
ton V.  Roberts,  12  Bush,  570. 

Sale  of  land.  The  statutory  lien  of 
a  company  for  street  improvement 
being  against  the  land  itself,  and  not 
against  the  owners,  if  the  land  is 
subjected  to  sale  thereunder  the 
lien-holder  is  entitled  to  have  his 
lien  enforced  against  the  entire  lot, 
irrespective  of  the  various  interests 
of  life-tenants  and  remaindermen 
therein-  Duker  v.  Barber  Asphalt 
Pav.   Co.,   25  E.   135;    74  S.  W.   744 

Change  of  street  level — liability  of 
abutting  property  for  sub-way  cross- 
ing— discretion  of  city  council.  The 
fact  that  the  city  may  be  held  liable 
in  damages'  as  the  result  of  the 
change  of  the  street  level,  can  not 
be  pleaded  in  bar  of  the  contractor's 
claim   for   making   the    street. 


To  the  extent  that  the  cost  of  the 
improvement  was  occasioned  by  the 
subway  crossing  of  the  railroad,  it 
was,  not  such  a  construction  of  the 
street,  which  could  be  charged  to  the 
abutting  property,  but  should  be 
borne  by  the  city  itself. 

While  the  cost  of  altering  the  grade 
of  a  street,  so  as  to  carry  the  street 
under  a  railroad,  can  not  ibe  imposed 
upon  abutting  property,  yet  the  city 
council  has  legislative  discretion  to 
fix  the  grade,  and  the  building  of  the 
street  at  the  grade  thus  fixed  can  be 
made  a  charge  upon  the  abutting 
property.  Louisville  Steam  Forge 
Co.  V.  Mehler,  etc.,  Citv  'of  Louisville 
V.  Gosnell,  etc.,  112  Kv.'43S;  64  S.  W\ 
369,   652. 

(7)  Notice — due    process    of    law. 

The  hearing  which  the  taxpayer  has 
when  a  lien  upon  his  property  for 
street  improvement  is  sought  to  be 
enforced  constitutes  "due  process  of 
law."  No  other  notice  is  necessarv, 
Nevin  V.  Eoach,  86  Kv.  492;  5  S.  W. 
546. 

(8)  Original  construction  for  full 
discussion  of  law  and  facts,  see  Bar- 
field  V.  Gleason,  111  Ky.  491;  63  S.  W. 
964;  City  v.  Tyler,  111  Ky.  588;  65  S. 
W.  125.  A  street  is  not  originally 
constructed  until  it  is  improved  at 
the  cost  of  the  adjoining  property 
owners.  City  of  Louisville  v.  Stoll, 
159   Ky.   138;    166  S.  W.   SIL 

(9)  Passage  of  ordinance — com- 
putation of  time.  Fehler  v.  Gosnell, 
99  Ky.  380;  35  S.  W.  1125;  Gleason'v. 
Barnett,  106  Ky.  1.34;  50  S.  W.  67. 

(10)  Reconstruction — interest  on 
warrants — reappointment.  Gosnell  v. 
City,  104  Ky.  201;   46  S.  W.    722. 

(11)  Repair  work — what  is — recon- 
struction— meaning  of,  Levi  v.  Coyne, 
22  E.  493;   57  S.  W.  790. 

(12)  Taxation — provision  of  con- 
stitution limiting  taxation  does  not 
apply  to  local  assessments  for  street 
improvements.  Gosnell  v.  City  104 
Ky.  201;  46  S.  W.  722. 


854 


AN  ACT  .FOR  THE  GOVERNMENT  OF 


2834 


in  the  proceedings  of  the  General  Council  shall  exempt  from 
payment  after  the  work  has  been  done  as  required  by  either  the 
ordinance  or  contract;  but  the  General  Council,  or  the  courts 
in  which  suits  may  be  pending,  shall  make  all  corrections,  rules, 


(13)  What  will  exempt  property 
owners.  As  regards  the  contract  with 
the  contractors — property  owner  not 
exempt.  Louisville  v.  -Henderson,  5 
Bush,  515.  Error  in  proceedings  of 
•general  council — property  owner  not 
exempt.  Craycraft  v.  Selvage,  10 
Bush,  696.  When  cost  of  improve- 
ment amounts  to  spoliation.  City  ef 
Lou.  V.  Bitzer,  115  Ky.  359;  73  S.  W. 
1115. 

(14)  Negligent  construction  of 
sewer — notice  of  defect  one  recovery. 
A  city  is  liable  for  injury  to  property 
from  the  construction  of  a  sewer  ac- 
cording to  a  plan  which  is  palpably 
bad,  though  the  execution  of  the  plan 
may  have  been  skillful. 

When  the  city  undertakes  to  con- 
struct a  sewer,  it  is  its  duty  to  ex- 
ercise ordinary  care  to  keep  it  in  con- 
dition to  carry  off  the  water  collected 
thereby  from  such  rainfalls  as  may 
be  reasonably  expected  to  occur  in 
the   neighborliood. 

Where  the  initial  construction  of  a 
sewer  by  a  city  is  manifestly  defec- 
tive, notice  to  the  city  of  the  defect 
is   not   a   prerequisite   to   its   liability. 

The  riglit  of  action  against  a  city 
for  injury  from  the  flooding  of  prop- 
erty by  the  negligent  construction  of 
a  sewer  accrues  when  the  property 
is  flooded,  and  limitation  runs  only 
from  that  date.  City  of  Louisville  v. 
Norris,  111  Ky.  903;  64  S.  W.  958; 
City  of  Louisville  v.  American  Stand-, 
ard  Asphalt  Co.,  102  S.  W.  806;  125 
Ky.  497. 

A  sewer  is  a  permanent  structure, 
and  damages  resulting  from  a  defec- 
tive sewer,  if  any  occur  from  the 
construction  of  the  sewer,  or  at  least 
from  the  date  of  the  first  overflow, 
must  be  recovered  entire  in  one 
action.  City  of  Richmond  v.  Gentry, 
136  Ky.  319;  1'24  S.  W.  337.  See  also 
Hay  v.  Lexington,  24  R.  1495;  City  of 
iLouisville  v.  Leezer,  143  Ky.  248; 
Board   v.  Donohue,  140  Ky.  505. 

(15)  When  city,  not  property  own- 
ers,   liable.      Failure    to    adopt    meas- 


ures rendering  lot  owner  liable.  Mur- 
phy V.  Louisville,  9  Bush,  1S9;  Guth- 
rie V.  Louisville,  6  B.  M.  575.  When 
by  proper  proceedings  lot  owners  may 
be  made  liable,  the  city  will  not  be 
liable  unless '  it  will  have  the  right 
to  proceed  to  make  the  property 
holders  liable.  Craycraft  v.  Selvage, 
10  Bush,  696.  But  if  the  nature  of 
the  ownership  of  the  property  is  such 
that  it  can  not  be  made  liable,  then 
the  city  must  pay.  Louisville  v.  Ne- 
vin,  10  Bush,  696;  City  of  Louisville 
V.  Leatherman,  99  Ky.  213;  35  S.  W. 
625.  City  is  liable  where  it  has  no 
authority  to  make  the  improvement 
at  the  exclusive  cost  of  the  property 
owners.  Caldwell  v.  Rupert,  10  Bush, 
179.  Where  the  mayor  and  council, 
without  the  authority  of  law,  cause 
the  improvement  to  be  made,  the  city, 
and  not  the  lot  owners,  is  liable. 
Louisville  v.  Hyatt,  5  B.  M.  199;  see 
and  compare  Murphy  v.  -Louisville,  9 
Bush,  189.  Improvements  made  with- 
out sanction  of  general  council,  evi- 
denced by  the  yeas  and  nays  taken  on 
the  adoption  of  the  ordinance,  the 
citv,  and  not  the  lot  owner,  is  liable. 
Kaye  v.  Hall,  13  B.  M.  455;  Richards 
v.  Barber  Co.,  156  Ky.  690;  161  S.  W. 
1105. 

(16)  Apportionment  warrant — work 
done  as  required — ^failure  of  proper- 
ty owner  to  object.  While  there  may 
be  some  doubt  as  to  the  validity  of 
an  ordinance  where  there  were  two 
ordinances  passed  by  the  council  at 
the  same  time,  relating  to  the  same 
subject,  yet  under  See.  2834,  provid- 
ing that  no  error  in  the  proceedings 
of  the  general  council  ghal]  exempt 
from  payment  for  work  done  on  pub- 
lic ways,  after  the  work  has  been 
done  as  required  by  either  the  ordi- 
nance or  contract,  where  work  has 
been  done  on  a  public  way  accord- 
ing to  such  ordinance  or  contract, 
without  objection  Jby  the  property 
owner  whose  property  has  thereby 
been  benefited,  it  is  too  late  for  him 
to   object  to   the   payment   of  the   ap- 


2834 


CITIES  OF  THE  FIRST  CLASS. 


855 


and  orders  to  do  justice  to  all  parties  concerned;  and  in  no  event, 
if  such  improvement  be  made  as  is  provided  for,  either  by  ordi- 
nance or  contract,  shall  the  city  be  liable  for  such  improvement, 
without  the  right  to  enforce  it  against  the  property  receiving 


portionment  warrant  and  the  en- 
forcement of  the  lien  therefor,  after 
receiving  the  benefit  of  the  work 
without  objection.  City  of  Louisville 
V  Gast,  etc.,  118  Ky.  564;  81  S.  W. 
693. 

(17)  Form,  requisites,  and  validity 
in  general.  An  ordinance  passed 
Thursday,  April  5,  by  the  lower 
board,  and  Thursday,  April  19,  by  the 
upper  board,  was  in  compliance  with 
the  act  under  section  453,  which  pro- 
vides that  the  day  on  which  the  act 
is  done  may  be  counted  as  one  day  in 
computing  time.  Fehler  v.  Gosnell, 
99  Ky.  380;   35  S.  W.   1125. 

(18)  Obstructions  and  encroacli- 
ments.  Injunction  was  issuable  to 
restrain  a  party  about  to  open  up  a 
ball  park  adjoining  plaintiff's  resi- 
dence from  fencing  in,  as  a  part  of 
the  park,  an  alley  constituting  one 
of  the  boundaries  of  plaintiff's  lot, 
and  dedicated  to  public  use  in  the 
original  plat  of  the  property  and 
called  for  in  the  deed  to  plaintiff's 
predecessor  in  title.  Alexander  v. 
Tebeau,  71  S.  W.  427;  24  E.  1305. 

Where  persons  erect  buildings  and 
other  obstructions  in  a  street,  an  in- 
dividual owning  property  on  the 
street,  whose  means  of  egress  and 
ingress  from  and  to  it  are  obstructed, 
thereby  reducing  the  value  of  the 
firoperty,  may  maintain  a  suit  for 
the  removal  of  the  obstructions  as  a 
nuisance,  though  a  suit  brought  by 
the  city  for  the  removal  is  pending, 
Bourbon  Stockvard  Co.  v.  Woolley, 
76  S.  W.  28;   25  E.  477. 

(19)  Obstructions.  A  city  is  not 
liable  for  injuries  resulting  from  the 
falling  of  a  bill  board  erected  by  the 
proprietor  of  a  private  lot,  and  pro- 
jecting over  the  line  of  his  lot  only 
the  thickness  of  a  board,  unless  the 
city  had  notice  that  the  board  was 
not  securely  fastened.  City  v.  Weis- 
enberger,   7   E,    (abstract),  488. 

A  city  is  liable  under  its  duty  to 
keep  streets  in  good  condition,  for  in- 
jury to  one  struck,   without   contribu- 


tory negligence,  while  driving,  by  a 
large  limb  of  a  tree  projecting  into 
the  street  dangerously  low.  City  of 
Louisville  v.  Micheis,  71  S.  W.  511; 
114    Ky.    551. 

A  city  is  liable  to  a  person  injured 
while  riding  a  tandem  bicycle  at 
night,  with  a  lady  in  front  of  him, 
by  striking  dangerous  obstructions 
in  the  street,  where  he  had  no  knowl- 
edge of  them,  and  could  not,  by  ordi- 
nary care,  have  discovered  them  in 
time  to  have  avoided  the  injury.  City 
of  Louisville  v.  Keher,  79  S.  W.  270; 
117  Ky.  841.  See  also  Town  of  Belle- 
view  V.  Eentz,  152  Ky.  428;  153  S.  W. 
732. 

(20)  Notice  of  defecct  or  obstruc- 
tion. A  city  must  be  deemed  to  have 
had  notice  of  an  obstruction  in  the 
street,  consisting  of  a  post  2i/2  feet 
high,  where  it  appears  that  the  post 
has  been  standing  there  for  more 
than  three  vears.  Citv  of  Louisville 
V.  Brewer's*  Adm'r,  7*2  S.  W.  9;  24 
E.  1671. 

Where  a  dangerous  obstruction  has 
existed  in  a  street  for  several  weeks 
with  the  knowledge  of  the  officers  of 
the  cit}'  whose  duty  it  is  to  report 
such  matters,  the  city  is  estopped  in 
an  action  for  personal  injuries  re- 
sulting therefrom,  to  claim  that  it 
had  no  notice  of  the  obstruction. 
City  of  L,ouisville  v.  Keher,  79  S.  W. 
270;   117  Ky.  841. 

(21)  Negligence  and  contributory 
negligence.  One  stumb(lin,g  over  a 
post  which  he  knew  was  in  a  high- 
way was  not  guilty  of  contributory 
negligence,  as  matter  of  law,  in  mo- 
mentarily having  forgotten  its  ex- 
istence, it  appearing  that  the  acci- 
dent occurred  at  night,  and  that  the 
street  was  not  lighted.  City  of  Lou- 
isville V.  Brewer's  Adm'r,  72  S.  W.  5; 
24  E.   1671. 

(22)  Instructions.  In  an  action  for 
injuries  sustained  by  a  pedestrian  by 
reason  of  a  defective  sidewalk,  an 
instruction  that  it  was  the  duty  of 
the  city  to  use  ordinary  care  in  keep- 


856 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2834 


the  benefit  thereof;  but  no  ordinance  for  any  original  improve- 
ment mentioned  in  this  act  shall  pass  both  boards  of  the  Gen- 
eral Council  at  the  same  meeting,  and  at  least  two  weeks  shall 
elapse  between  the  passage  of  any  such  ordinance  from  one 
board  to  the  other. 


iiig  its  sidewalk  in  good  repair;  that 
it  was  the  duty  of  pedestrians  to  use 
ordinary  care;  and  that,  if  the  city 
was  negligent  in  leaving  a  stick  pro- 
jecting upon  a  sidewalk,  and  plaintiff 
stumbled  over  it  and  was  injured, 
the  verdict  should  be  for  plaintiff 
unless  she  was  guilty  of  negligence 
which  so  far  contributed  to  the  in- 
jury that,  but  for  the  same,  she 
would  not  have  been  injured — suffi- 
ciently announced  the  pnnci]3le  that, 
if  the  city  did  not  keep  its  sidewalks 
in  a  reasonably  safe  condition  for 
pedestrians  using  ordinary  care,  the 
city  would  be  liable  if  plaintiff'  re- 
ceived her  injury  by  reason  of  the 
citv's  negligence.  City  of  Louisville 
V.  Bailey,  74  S.  W.  688;   25  E.  6. 

(23)  Ai)portioninent  of  benefits. 
That  an  owner  of  abutting  property 
submitted  to  the  illegal  apportion- 
ment of  the  cost  of  an  improvement 
of  a  street  on  one  side  of  a  square, 
and  thereby  paid  more  than  he  was 
required  by  law  to  pay,  did  not  af- 
fect his  liability  to  pay  a  valid  as- 
sessment for  the  improvement  of  a 
parallel  street.  R.  B.  Park  &  Co.  v. 
Cane,  73  S.  W.   1121;   24  R.  2294. 

(24)  Frontage  of  lots  in  general. 
Where  an  alley  running  north  and 
south  through  a  square  lay  entirely 
in  the  westerly  half  of  the  square, 
and  another  alley  bisected  that  por- 
tion of  the  square  lying  between  the 
first  alley  and  the  easterly  boundary 
of  the  square,  the  owners  of  the 
northwest  and  southwest  quarters  of 
the  square  were  properly  charged  with 
the  entire  expense  of  the  construc- 
tion of  the  first-described  alley  anfl 
of  so  much  of  the  second  alley  as  lay 
west  of  the  middle  of  the  btock. 
Wagner  v.  Cast,  71  S.  W.  533;  24  R. 
1401. 

The  method  of  making  assess- 
ments for  street  improvements  by  the 
foot  is  not  invalid.  Citv  of  Louis- 
ville   V.    Bitzer,    73    S.    W*^,    1115;    115 


Ky.  395;  61  L.  R.  A.  434;  Bitzer  V. 
Fulton,  Id. 

Property  in  the  defined  square  may 
be  assessed  for  the  improvement  al- 
though it  does  not  front  thereon. 
Pfaffinger  v.  Kremer,  74  S.  W.  238; 
115  Ky.   498. 

A  street  on  which  improvements 
w^ere  made  was  paralleled  on  the 
east  by  a  street  of  equal  length, 
while  the  street  next  west  remained 
parallel  with  it  only  in  part;  and,  in 
apportioning  the  cost  of  the  improve- 
ment to  adjacent  property,  the  coun- 
cil treated  the  street  on  the  west  as 
running  parallel  to  the  improved 
street  the  entire  distance.  Held,  that 
though  this  method  resulted  in  the 
territory  to  be  taxed  on  the  east  side 
01  the  improved  street  being  wider 
than  that  on  the  west  side,  neverthe- 
less, as,  under  the  law,  the  territory 
would  have  been  taxed  in  the  manner 
determined  by  the  council  if  the 
street  pn  the  west  side  actually  ran 
parallel  the  entire  distance,  the 
method  adopted  by  the  council  was 
proper.  Wymond  v.  Barber  Asphalt 
Pav.  Co.,  77  S.  W.  203;  25  R.  1135. 

(25)  Omission  to  assess  property 
liable.  Where  a  street  which  was  to 
be  improved  had  been  improved  along 
apart  of  its  distance  by  original  con- 
struction, tiie  action  of  the  city  au- 
thorities in  paying  for  the  construc- 
tion of  this  portion  of  it  with  funds 
of  city  was  not  prejudicial  to  the 
property  owners.  Wymond  v.  Barber, 
Asphalt  Pav.  Co.,  77  S.  W.  203;  25  R. 
1135. 

(26)  Enactment.  An  ordinance  for 
an  original  street  improvement,  pass- 
ed by  the  board  of  councilmen, 
March  17  and  by  the  board  of  alder- 
men March  31  is  valid.  Citv  of  Lou- 
isville V.  Selvage,  51  S.  W."  447;  106 
Ky.  730. 

(27)  Location  of  property  liable. 
Where,  in  a  proceeding  to  enforce  an 
assessment    for    an    improvement,    it 


2835 


CITIES  OF  THE  FIRST  CLASS. 


857 


§  2835.     Sidewalks  and  curbing — apportionment  of  costs.    The 

cost  of  making  sidewalks,  including  curbing,  whether  by  original 
construction  or  reconstruction,  shall  be  apportioned  by  the 
front  foot,  as  owned  by  the  parties  respectively  fronting  said 
improvement,  except  that  each  corner  lot  shall  pay  the  cost  of 
its  sidewalk  intersection. 


appeared  the  cross  streets  on  the 
north  side  of  the  improved  street 
were  not  extended  to  intersect  the 
streets  on  the  south  side  because  of 
an  intervening  railway  right  of  way, 
they  will  be  treated  as  extended  for 
tHe  purposes  of  the  assessment. 
Specht  V.  Barber  Asphalt  Pav.  Co., 
80  S.  W.  11P6;   26  E.   193. 

Under  the  facts  alleged  the  collec- 
tion of  a  warrant  under  the  first  ap- 
portionment did  not  release  the  lien 
as  to  purchasers  after  the  first  as- 
sessment was  paid  but  before  the  re- 
apportionment, they  having  knotwd- 
edge  of  the  improvement  and  of  the 
existence  of  the  lien.  Comlev  v.  Am. 
Asphalt  Co.,  130  Ky.  262;  113  S.  W. 
12-5.  See  also  cases  under  previous 
section. 

(28)  One  who  purchases  abutting 
property  after  an  erroneous  assess- 
ment has  been  made  and  pays  is  not 
a  bona  fide  purchaser  for  value  with- 
out notice,  but  takes  subject  to  the 
right  of  the  city  to  correct  the  as- 
sessment. Eichards  v.  Barber  As- 
phalt Paving  Co.,  156  Kv.  690;  161  S. 
W.   1105. 

A  street  js  not  originally  construct- 
ed until  it  is  improved  at  the  cost  of 
the  adjoining  propertv  owners.  City 
of  Louisville  v.  Stoll,  159  Kv.  138; 
166  S.   W.  81L 

A  street  ordered  to  be  improved 
was  bounded  on  the  south  by  a  regu- 
lar square  and  on  the  north  by  land 
in  the  shape  of  a  triangle;  the  Cir- 
cuit Court  properly  assessed  the  land 
on  the  south  to  the  depth  of  160  feet 
and  the  land  on  the  north  to  the 
depth  of  125  feet  at  one  end,  dimin- 
ishing to  zero  at  the  other.  Jochum 
V.  Henry  Bickel  Co.,  1,45  Kv.  73;  141 
S.  W.  li90. 

Certain  changes  in  plans  of  street 
improvements  by  the  Board  of  Pub- 
lic works  did  not  invalidate  the  ordi- 
nance   or    the    contract    under    which 


the  streets  were  improved.  Barring- 
er  Land  Co.,  v.  Barber  Asphalt  Pav- 
ing Co.,  149  Ky.  132;  147  S.  W.  893. 
§  2835.  (1)  Curbing — when  cost  to 
be  paid  bv  abutting  owners.  Citvy 
v.  Tyler,  111  Ky.  588;  65  S.  W.  125; 
Marshall  v.  Barber  Asphalt  Co.,  23 
E.  1971;  66  S.  W.  734;  'Gocke  v. 
Staebler,   141  Ky.  66;   132   S.  W.   167. 

(2)  Effect  of  change  in  law.  See 
sec.  3833  and  Eeed  v.  Bates,  24  E., 
2312;   74  S.  W.  234. 

(3)  Sidewalks.  The  fact  that  no 
sidewalk  was  made  when  a  street  was 
originally  constructed  or  was  ever 
thereafter  made,  does  not  prevent  a 
subsequent  improvement  of  the  street 
from  being  a  reconstruction;  nor  is 
it  material  that  the  street  was  origin- 
ally improved  by  building  a  "turn- 
pike road,"  as  that  is  well  under- 
stood, to  mean  a  macadam  pavement, 
which  is  the  kind  of  pavement  at  the 
time  of  the  improvement,  in  general 
use  in  the  city. 

Sec.  2835  applies  only  when  a  side- 
walk, including  curbing,  is  either  con- 
structed or  reconstructed;  and  there- 
fore where  no  construction  of  side- 
walk is  provided  for,  but  the  ordi- 
nance and  contract  provide  for  an 
improvement  of  the  carriageway  "by 
grading,  curbing,  and  paving,"  the 
curbing  is  a  part  of  the  improve- 
ment of  the  carriageway,  and  if  the 
work  is  reconstruction,  must  be  done 
at  the  cost  of  the  citv.  City  of  Lou- 
isville V.  Tyler,  Ull  Ky.  588;  64  S.  W. 
415;  65  S.  W.  125.  The  omission  by 
the  ordinance  to  state  that  the  cost 
of  curbing  be  apportioned  did  not 
render  the  ordinance  void.  Gleasou 
V.  Barnett,  106  Ky.  125;  50  S.  W.  67. 
Failure  of  (an  ordinance  to  direct 
what  was  a  sidewalk  held  not  to  in- 
validate the  ordinance.  Burghard  v. 
Fitch,  24  E.  1983;  72  S.  W.  778. 
When  a  sidewalk  is  reconstructed, 
the  cost  of  curbing  must  be  includea, 


858 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2836 


§  2836.     Property  owners  permitted  to  improve  public  ways. 

The  Board  of  Public  Works  may,  in  its  discretion,  upon  a  peti- 
tion of  a  majority  of  the  property  owners  on  the  part  of  the 
public  way  proposed  to  be  improved,  grant  them  permission  to 
improve  said  public  way,  under  the  supervision  of,  and  within 
such  time  as  may  be  fixed  by  the  Board  of  Public  Works. 

§  2837.  Inspection  and  reception  of  work — publication  of 
notice.  When  improvements  in  public  ways  have  been  made,  or 
public  walls  or  cisterns  dug  and  walled,  and  the  contract  there- 
for completed,  the  Board  of  Public  Works  shall,  by  one  inser- 
tion in  one  of  the  daily  newspapers  published  in  the  city,  give 
notice  of  the  time  and  place  fixed  for  the  inspection  and  recep- 
tion of  the  work  by  the  board,  or  its  deputy  or  deputies,  and  such 
owners,  their  agents  and  representatives,  may  appear  and  be 
heard  as  to  whether  such  improvements  have  been  made  in  ac- 
cordance with  the  ordinance  authorizing  the  same,  and  the  con- 
tract therefor. 

§  2838.  Action  to  enforce  lien — evidence — provision  for  re- 
demption. In  all  actions  to  enforce  liens,  a  copy  of  the  ordinance 
authorizing  the  improvements  or  work,  a  copy  of  the  contract 
therefor,  and  a  copy  of  the  apportionment — each  attested  by  the 


but  if  only  the  carriageway  and  curb- 
ing are  reconstructed,  the  charge 
must  be  borne  by  the  citv.  Gocke  v. 
Staebler  &  McFarland,  141  Ky.  66; 
132  S.  W.  167. 

§  2836.  Waiver  of  right  to  im- 
prove. Right  of  lot  owner  to  improve 
may  be  waived  by  failing  to  speak 
when  it  is  his  duty  to  speak.  Broad- 
way Baptist  Church  v.  McAfee,  8 
Bush,  Sip. 

Estoppel.  A  property  owner  who 
stands  by  without  objection  and  per- 
mits a  contractor  to  expend  his 
money  in  making  improvements  upon 
the  faith  that  the  cost  was  to  be  a 
charge  upon  the  abutting  property 
is  estopped  to  resist  payment  for  said 
improvement.  Barber  Asphalt  Co. 
V.  Gaar,   11.5  Ky.  334;   73  S.  W.   1106. 

§  2837,  Construction  and  effect  of 
section.  Ricliardson  v.  Mehler,  111 
Ky.  408;  63  S.  W.  957;  Isenberg  v. 
Selvage,  103  Ky.  260;  44  S.  W.  974; 
Barringer  Land  Co.  v.  Barber  As- 
phalt Paving  Co.,  149  Ky.  132;  147  S. 
W.  893. 


§  2838    (1)    Appeal  from  judgment 

in  action  on  an  apportionment  war- 
rant seeking  to  subject  real  property 
may  be  taken,  althoug-h  it  be  for  less 
than  one  hundred  dollars.  Fehler  v. 
Gosnell,  99  Ky.  380;  35  S.  W.  1125. 

(2)  Suit  to  enforce  lien.  Statute 
not  prescribing  the  mode  of  proced- 
ure, the  mode  prescribed  bj^  law  for 
the  enforcement  of  other  liens  will 
be  presumed  to  have  been  intended. 
Craycraft  v.  Selvage,  10  Bush,  696. 

(3)  Validity  of  statute — prima 
facie  evidence.  The  provision  in  this 
section  that  certain  things  shall  be 
prima  facie  evidence  of  the  passage, 
approval  and  publication  of  the  ordi- 
nance as  well  as  of  other  facts  is  up- 
held in  MeHenrv  v.  Selvage,  99  Ky. 
232;  35  S.  W.  645;  Zable  v.  Orphans' 
Home,  92  Ky.  89;  17  S.  W.  212;  and 
see  Eichardson  v.  Mehler,  111  Ky. 
408;  63  S.  W.  957;  Gaertner  v.  Lou. 
Stone  Co.,  114  Ky.  160;  70  S.  W.  293; 
Barrett  v.  Falls  Citv  Artif.  Stone  Co., 
21  R.  669;  52  S.  W.  947;  Caldwell  v. 
Cornell,  21  R.  812;  53  S.  W.  35. 


2838 


CITIES  OF  THE  FIRST  CLASS. 


859 


Comptroller — shall  be  prima  facie  evidence  of  the  due  passage, 
approval,  and  publication  of  the  ordinance,  of  the  due  execu- 
tion and  approval  of  the  contract,  and  shall  also  be  prima  facie 
evidence  of  every  other  fact  necessary  to  be  establfshed  by  the 
plaintiff  in  such  actions  to  entitle  him  to  the  relief  authorized 
to  be  given  in  this  act.  In  such  actions  the  court  shall  provide 
in  its  order  confirming  any  report  of  sale  that  the  defendants, 
or  either  of  them,  or  any  one  claiming  through  or  under  them, 
or  either  of  them,  or  any  creditors  of  theirs,  or  either  of  them. 


(4)  Payment.  Appellee  G  was  a 
contractor  for  the  construction  of  a 
section  of  Highland  avenue,  and 
bought  an  action  on  apportionment 
warrants  against  abutting  jjroperty 
owner  to  recover  the  price  of  the 
construction.  This  court  decided 
that  the  property  owners  were  not 
liable  on  said  warrants  as  the  im- 
provement was  not  original  construc- 
tion, but  reconstruction,  for  which 
the  city  alone  is  liable.  Several  of 
the  property  holders  pending  the  liti- 
gation paid  to  the  contractor  the 
amounts  due  on  their  warrants  under 
an  agreement  that  should  it  be  deter- 
mined that  they  were  not  liable  on 
the  same,  said  amounts  should  be  re- 
turned. On  the  trial  below,  in  which 
the  contractor  sought  to  recover  the 
amounts  due  from  the  city  for  the 
benefit  of  the  property  holders  who 
had  paid  him,  tlie  city  claims  that  it 
had  paid  said  indebtedness,  and  no 
recovery  could  be  had  for  the  furth- 
er reason  that  the  proof  did  not  au- 
thorize a  recovery.  Held,  that  under 
section  2838,  Kentucky  Statutes,  it 
is  provided  that  in  all  actions  to  en- 
force liens  a  copy  of  the  ordinance 
authorizing  the  improvement,  a  copy 
of  the  contract  therefor,  and  a  copy 
of  the  apportionment,  each  attested 
by  the  comptroller,  should  be  prima 
facie  evidence  of  the  validity  of  the 
claim.  This  proof  having  been  made, 
it  devolved  on  appellant  to  defeat 
the  claim.  Appellant  can  not  claim 
that  the  payment  to  the  contractor 
under  a  special  agreement  for  refund- 
ing same  inured  to  its  benefits,  as 
none  of  these  payments  were  made 
on  behalf   of  the  city. 

Statute     of     limitation. — The     con- 


tract being  in  writing,  an  action  to 
enforce  payment  of  the  contract  price 
will  not  be  barred  until  after  fifteen 
years.  It  is  not  a  liability  created 
by  statute  which  would  be  barred 
after  five  vears.  Citv  of  Louisville 
V.  Glea&ou,'24  K.  1491;  71  S.  W.  880. 

(5)  Construction  —  Assessments  — 
Constitutionality  —  Spoliation  —  Due 
process  of  law  —  Benefits  —  Prelimi- 
nary hearing  —  Grade  Change  —  In- 
jury—  Compensation  —  City  Execu- 
tive Boaxd  —  Time  —  Record  —  Con- 
struction —  Repairs  —  Cost  —  Bid  — 
Inclusion  —  Prima  Facie  case  —  Ne- 
cessity of  Improvements — Release  of 
Contractor. 

The  mere  grading  of  a  dirt  road 
so  as  to  form  a  crown,  and  to  leave 
depressions  at  the  sides  for  surface 
drainage,  and  the  leveling  of  inequal- 
ities, does  not  constitute  a  street  con- 
struction. 

Sec.  2838  is  constitutional.  A  street 
assessment  will  not  be  held  to  be  an 
Arbitrary  and  unconstitutional  taking 
of  property  merely  because  the  bene- 
fits from  the  street  are  not  com- 
mensurate with  the  cost,  as  the  Leg- 
islature has  a  large  discretion  in  de- 
fining the  property  deemed  to  be  spe- 
cially benefited,  and  the  courts  will 
not  interfere,  except  upon  a  showing 
of  fact  so  conclusive  as  amply  to 
justify    their    interference. 

The  fact  that  the  statute  makes  -no 
provision  for  a  preliminary  hearing 
as  to  the  extent  of  the  .special  bene- 
fits to  each  piece  of  property  result- 
ing from  the  improvement,  does  not 
render  it  violative  of  the  fourteenth 
amendment  to  the  Constitution  of  the 
United  States. 

Under  Constitution,  section  242,  an 


860 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2838 


may,  within  two  years  from  the  date  of  such  order  confirming 
a  report  of  sale,  redeem  the  land  sold  by  paying  to  the  purchaser 
the  purchase  price,  with  interest  thereon  from  the  day  of  sale, 
at  the  rate  of  six  per  cent  per  annum,  and  all  the  taxes  and 
assessments  on  and  against  such  land  paid  by  such  purchaser, 
with  interest  thereon  at  the  rate  of  six  per  cent  per  annum  from 
the  date  of  such  payments;  and  in  the  event  that  there  be  no 
redemption  within  the  time  allowed,  the  order  of  confirmation 
shall  be  final,  and  a  deed  shall  be  executed  to  the  purchaser  or  his 
assignee. 


ordinance  for  a  street  improvement 
is  not  void  because  it  fails  to  provide 
for  compensation  for  the  injury  to 
aliutting  property  from  the  excava- 
tions necessary  to  be  made  to  con- 
form the  street  to  the  grade  thereto- 
fore fixed  by  the  city  council,  as  a 
statute  or  ordinance  which  results  in 
injury  to  property  is  not  unconstitu- 
tional because  it  fails  to  provide  for 
compensation  to  be  made  for  the  in- 
jury before  it  is  done. 

Though  the  change  in  the  grade 
was  unnecessary,  and  mig-ht  have 
been  prevented  by  injunction,  and 
though  the  excavations  necessary  to 
conform  to  the  grade  might  have 
been  prevented  until  compensation 
had  been  provided  for  the  injury  to 
be;  occasioned  thereby,  yet,  as  neither 
of  these  things  was  done,  the  defend- 
ants in  an  action  by  the  contractor 
to  enforce  his  lien  can  not  have  the 
cost  of  the  excavation,  which  lias 
been  included  in  the  assessment,  ap- 
portioned among  them,  and  recover 
against  the  city  the  amounts  appor- 
tioned, the  remedy  being  an  action  at 
law  to  recover  the  damages  which 
have  actually  accrued  from  the 
change  of  grade. 

The  making  out  of  an  apportion- 
ment warrant  is  not  the  levy  of  a 
tax,  and  may  be  performed  by  an 
executive  board. 

A  statute  is  not  unconstitutional 
because  it  does  not  require  the  con- 
tract for  construction  to  be  approved 
by  the  city  council,  as  that  is  a  min- 
isterial act,  and  may  be  entrusted  to 
an  executive  board. 

All  the  requirements  of  the  statute 
necessary    to    create    a    lien    having 


been  complied  with,  the  fact  that  the 
ajiportionment  warrants  were  not  ap- 
proved by  the  mayor  and  council,  as 
required  by  an  ordinance,  does  not 
aft'eet  the  validity  of  the  lien. 

Where  the  contractor  was  required 
by  the  contract  to  keep  the  street  in 
repair  for  five  years,  and,  in  order 
to  secure  that  undertaking  on  his 
part,  was  required  to  deposit  bonds 
amounting  to  ten  per  cent  of  the  con- 
tract price,  it  will  be  presumed  that 
this  provision  did  not  increase  the 
cost  of  the  improvement  beyond  the 
ten  per  cent,  as  the  Court  of  Appeals 
had  previously  construed  such  a  pro- 
vision in  a  street  improvement  con- 
tract as  binding  the  contractor  only 
to  that  extent  for  repairs,  and  it 
must  be  presumed  that  plaintiff  con- 
tracted with  reference  to  tliat  con- 
struction. 

Proper  averments  of  the  steps  lead- 
ing to  the  creation  of  a  lien,  sup- 
ported by  the  exhibits  required  to 
make  out  a  prima  facie  case,  entitle 
plaintiff  to  a  judgment  in  the  face  of 
a  mere  denial  as  to  the  fixing  of  the 
grade  of  the  street. 

After  the  work  is  done,  the  legis- 
lative determination  of  the  council 
that  the  improvement  was  necessary 
will  not  be  disturbed,  except  upon  a 
showing  of  abuse  of  discretion  so 
conclusive  as  to  amply  justify  the 
interference   of  the    court. 

Where  the  city,  without  good  cause, 
released  an  accepted  bidder,  who  had 
given  bond  with  solvent  surety,  and 
the  bid  accepted  upon  a  second  ad- 
vertisement, though  the  lowest  one 
then  made,  was  considerably  higher 
than   that   of   the  released   contractor, 


2839 


CITIES  OF  THE  FIRST  CLASS. 


861 


§  2839.  Apportionment  warrants — registration  —  lien.  The 
Board  of  Public  Works  shall  make  out  all  apportionment  war- 
rants for  which  liens  are  given  for  improvements  of  public 
ways,  wells,  cisterns,  water-plugs,  and  sidewalks  as  may  be  re- 
quired by  ordinance,  and  within  two  days  thereafter  shall  enter 
the  same  upon  a  register  kept  in  alphabetical  order  for  that 
purpose.  When  the  holder  of  said  warrant  shall  have  obtained 
payment,  he  shall  notify  the  Board  of  Public  Works,  and  it 
shall  be  m.arked  upon  the  register  as  paid.  The  lien  shall  exist 
from  the  date  of  the  apportionment  warrant;  but  a  lien  shall 
not  be  valid  against  a  purchaser  for  valuable  consideration 
without  notice  unless  it  shall  be  so  entered  and  registered  within 
ten  days  of  the  issuing  of  the  apportionment  warrant. 

§  2839a.  Owner  excavating  to  protect  adjacent  property. 
That  whenever  the  owner  of  a  lot  in  a  city  of  the  first  class 
purposes  to  excavate  upon  such  lot  to  a  depth  greater  than  ten 
feet  below  the  top  of  the  curbstone  of  the  sidewalk  adjoining 
such  lot,  or  to  cause  an  excavation  to  be  made  on  such  lot  to  a 
depth  greater  than  ten  feet  below  the  top  of  such  curbstone, 


the  property  owners  are  entitled  to 
judgments  over  against  the  city  for 
the  difference.  Barfield  v.  Gleason 
111  Ky.  491;  63  S.  W.  964. 

It  is  eri^r  to  order  a  deed  instead 
of  giving  time  to  redeem  where  a 
sale  was  made  to  pay  costs  of  street 
improvements.  Martin  v.  Slaughter, 
20   R.    1743;    50   S.   W.   27. 

The  effect  of  failure  to  file  certified 
copies  of  proceedings  where  the  sub- 
stance of  the  paper  appears  m  the  pe- 
tition. Kremer  v.  Leathers,  24  E. 
1149;   70  S.  W.  843. 

A  judgment  is  not  affected  by  fail- 
ure in  an  order  confirming  a  sale  on 
an  apportionment  warrant  to  provide 
for  redemption,  especially  where  the 
defendant  did  not  offer  to  redeem 
within  two  vears.  Mapother  v. 
Gast,  33  R.  395;  110  S.  W.  308.  There 
is  no  spoliation  unless  the  cost  of  the 
improvement  equals  or  exceeds  the 
value  of  the  property.  Haller  v. 
Barber  Asphalt  Pav.  Co.,  130  Ky.  547; 
113  S.  W.  516. 

§  2839.  (1)  Assessment  corrected 
by  court.  An  erroneous  assessment 
corrected  bv  the  court.  Preston  v. 
Roberts,   12  ^Bush,   570. 


(2)  Corrected  assessment.  Pay- 
ment and  acceptance  of  an  assess- 
ment for  street  improvement  can  not 
be  regarded  as  an  accord  and  satis- 
faction of  an  additional  amount  af- 
terward found  by  a  corrected  assess- 
ment to  be  due.  Stengle  v.  Preston, 
89  Ky.   616;    13   S.  W.   839. 

(3)  Report  of  engineer — adoption 
of.  When  the  apportionment  is  re- 
ported by  the  engineer  to  the  coun- 
cil, and  his  report  adopted,  it  then 
becomes  the  act  of  the  council,  as 
much  as  if  it  had  made  the  estimate, 
etc.  Nevin  v.  Roach,  86  Kv  .492;  5 
S.   W.   546. 

(4)  Validity  of  this  section — and 
full  discussion  of  question  of  street 
Improvements.  Barfield  v.  Gleason, 
111  Ky.  491;  63  S.  W.  946,  cited  un- 
der section  2838. 

(5)  Apportionment  warrants.  As 
section  2839  authorizes  the  board  of 
imblic  works  to  make  out  the  appor- 
tionment warrants,  the  allegation 
that  the  Board  of  Public  Works  made 
out  of  warrants  is  prima  facie  suf- 
ficient. The  Court  of  Appeals  can 
not  take  judicial  notice  of  ordinances 
of  the  city,  and  if  there  was  an  ordi- 


862 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2840 


the  owner  so  proposing  to  excavate  or  to  cause  an  excavation 
to  be  made  shall,  at  his  own  expense,  protect  any  wall  on  adjoin- 
ing land  on  or  near  such  excavation  from  injury  from  such  exca- 
vation, if  necessary  license  is  afforded  him  to  enter  upon  such 
adjoining  land  for  that  purpose,  but  not  otherwise.  (This  sec- 
tio7i  is  an  act  of  March  21,  1906.) 

(This  section  appears  as  §  3037a  in  Carroll's  Edition.) 

SUBDIVISION  VIII. 
Parks. 

§  2840.  Board  of  Park  Commissioners — control  by.  The  pub- 
lic parks  in  a  city  of  the  first  class  shall  be  held,  managed  and 
controlled  by  a  board  under  the  name  and  style  of  the  Board  of 
Park  Commissioners.  Such  board  .shall  have  power  to  con- 
tract and  be  contracted  with,  sue  and  be  sued,  and  adopt  a  com- 
mon seal. 

§  2841.  Board  of  six  persons — election — term — qualifications 
— mayor,  ex  officio  member.  Said  board  shall  consist  of  six  i)er- 
sons,  to  be  chosen  as  hereinafter  provided,  and  the  Mayor  of 
the  city,  who  shall  be  ex-ofRcio  a  member  of  the  board.  The 
six  members  of  said  board  shall  be  elected  by  the  qualified  voters 
of  the  city  at  the  November  election,  1893.  The  three  members 
receiving  the  highest  number  of  votes  at  said  election  snail  hold 
for  a  term  of  four  years,  and  the  three  receiving  the  next  high- 
est number  of  votes  shall  hold  for  a  term  of  two  years.  There- 
after all  members  shall  be  elected  for  a  term  of  four  years.  No 
person  shall  be  elected,  or,  after  election,  shall  continue  to  be  a 


aanee  requiring  that  the  apportion- 
ment should  be  approved  by  the  couu- 
eii  before  the  warrants  were  issued, 
and  that  there  was  no  such  approval, 
the  facts  should  have  been  pleaded. 
Home  V.  Mehler,  23  R.  1176;  64  S.  W. 
918. 

In  case  of  a  reapportionment  the 
proi)erty  is  liable  for  the  additional 
burden  in  the  hands  of  a  person  who 
purchased  since  the  original  appor- 
tionment. Comlev  V.  American  Stand- 
ard Asphalt  Co.",  130  Ky.  262;  113  S. 
W.  125.  Liens  run  only  from  date 
of  apportionment  warrant.  Warfield 
V.  Erdman,  19  R.  1559;  43  S.  W.  708. 
Effect  on  contractor's  right  to  recov- 


er costs  where  the  Legislature 
changes  the  law  so  as  to  require  the 
Board  of  Public  Works  to  inspect 
and  accept  the  work,  etc.  Isenberg 
v.  Selvage,  y03  Ky.  260;  44  S.  W.  974. 

§  2840.  (1)  Park  Commissioner — 
removal.  Board  of  Aldermen  has  ju- 
risdiction to  remove  a  park  commis- 
sioner for  malfeasance  or  misfeas- 
ance, as  well  as  for  causes  that  unfit 
him  for  the  place.  Oibbs  v.  Board 
of  Aldermen,  99  Ky.  490;  36  S.  W. 
524. 

(2)  Board  of  Park  Commissioners 
not  liable  for  torts.  Board  of  Park 
Commissioners  v.  Prinz,  127  Ky.  460; 
105  S.  W.  948. 


2842 CITIES  OF  THE  FIRST  CLASS.      863 

member  of  said  board,  or  vote  or  act  as  such,  who  is  not  a  bona 
fide  resident  and  housekeeper  of  the  city,  or  who,  after  election, 
shall  for  ten  days  fail  or  refuse  to  take  oath  as  herein  provided. 

§  2842.  Official  oath  to  he  taken  by  members  of  board.  The 
persons  elected  as  members  of  said  board  shall  each,  within  ten 
daj's  after  election,  make  and  subscribe  oath  before,  to  be  at^ 
tested  by  the  County  Clerk  or  his  deputy,  to  the  effect  that  he 
will  faithfully,  diligently,  and  to  the  best  of  his  skill  and  ability, 
perform  all  the  duties  of  such  Park  Commissioner  without 
favor  or  prejudice;  that  he  is  not  subject  to  any  of  the  prohibi- 
tions or  disqualifications  set  out  in  this  act;  and  tliat  he  will 
not  be  in  any  manner  or  to  any  extent,  directly  or  indirectly, 
concerned  in  any  contract,  purchase,  sale,  salarj^  or  emolument 
of  any  kind  connected  with  or  growing  out  of  any  business  of 
said  board,  or  the  providing,  purchasing,  condemning,  managing, 
or  improving  of  any  park  property,  or  in  supplying  any  labor, 
material,  or  thing  of  service  in  respect  to  same,  save  as  herein 
permitted.  Such  oath  shall  be  filed  with  the  Comptroller  of  the 
city,  and  shall  be  a  public  record. 

§  2843.  Bond  for  performance  of  duties.  Each  commissioner 
shall  likewise,  and  within  ten  days  of  such  election,  execute 
bond  in  a  sum  of  twenty-five  thousand  ($25,000)  dollars,  pay- 
able to  the  city,  with  good  security,  to  be  approved  by  the  Mayor, 
conditioned  that  he  will  faithfully  perform  all  duties  of  a  park 
commissioner  for  the  city,  as  prescribed  by  law;  which  bond 
shall,  when  approved  by  the  Mayor,  be  filed  with  the  Comptroller, 
and  be  a  public  record.  For  any  violation  by  the  principal  in 
such  bond  of  any  duty  as  park  commissioner,  for  any  participa- 
tion by  him,  directly  or  indirectly,  in  any  contract  or  subcon- 
tract in  respect  of  park  property  or  the  improvement  thereof, 
or  the  furnishing  of  supplies  of  any  kind  therefor,  suit  may  be 
maintained  upon  such  bond  as  against  the  principal  and  sureties, 
such  suit  to  be  brought  in  the  name  of  the  city,  and  any  recovery 
shall  inure  to  the  benefit  of  the  fund  for  park  purposes. 

§  2844.  Vacancies  in  board — how  filled.  All  vacancies  in  said 
board  shall  be  filled  by  appointment  by  the  board,  or  by  election, 
in  accordance  with  Section  152  of  the  Constitution  of  Kentucky, 
and  all  commissioners  now  holding  office  shall  continue  to  hold 
office  until  their  successors  are  elected,  and  qualified,  as  pro- 
vided herein. 


864 AN  ACT  FOR  THE  GOVERNMENT  OF 2845 

§  2845,  President  and  other  officers — election — duties — com- 
pensation. The  commissioners  shall  annually,  in  November, 
choose  one  of  the  board  other  than  the  Mayor  to  be  president 
of  the  board  and  another  as  Vice-President;  and  the  said  board 
shall  elect  a  Secretary  and  Treasurer,  and  such  other  officers  and 
employes  as  may  be  necessary,  and  may  fix  their  duties  and  pre- 
scribe their  compensation,  their  terms  of  office  not  to  exceed 
one  year.  The  board  may  exact  bond,  with  security,  from  any 
officer  or  employe  and  fix  the  terms  and  penalty  of  such  bond. 
The  board  may,  in  its  discretion,  intrust  the  duties  of  more  than 
one  office  to  one  employe  or  officer,  and  may  at  any  time  dismiss 
or  discharge  any  officer  or  employe.  The  compensation  of  all 
officers,  including  the  President,  shall  not  exceed  in  the  aggregate 
ten  thousand  ($10,000)  dollars  per  annum. 

§  2846.  Members — compensation — can  hold  no  other  office  or 
interest  in  contract.  No  member  of  the  Board  of  Park  Commis- 
sioners, other  than  the  President  thereof,  shall  receive  any  com- 
pensation whatever,  directly  or  indirectly,  in  respect  to  his 
services  as  member  of  the  board,  nor  shall  the  President's  salary 
exceed  two  thousand  five  hundred  ($2,500)  dollars  per  annum; 
nor  shall  any  member,  save  only  the  Mayor  of  the  city,  hold  any 
office  or  appointment  or  empolyment  under  the  city  or  any  de- 
partment of  the  city,  or  any  institution  thereof.  Nor  shall  any 
member  of  the  board  be  concerned  in  any  contract  with  the 
Board  of  Park  Commissioners  of  the  city,  or  any  of  its  depart- 
ments or  institutions,  either  as  contractor,  sub-contractor,  or 
party  directly  or  indirectly  interested. 

§  2847.  Members  becoming  disqualified.  If  any  member  of 
said  board  cease  to  be  a  bona  fide  resident  or  housekeeper  of 
the  city,  or  incur  any  of  the  disqualifications  mentioned  herein, 
or  become  incapacitated  to  perform  any  of  the  duties  of  com- 
missioner, or  be  found  guilty  of  any  felony  or  high  misdemeanor, 
he  shall  immediately  cease  to  be  a  member  of  said  board. 

§  2848,  Powers  and  duties  of  commissioners.  The  board,  con- 
stituted as  aforesaid,  shall  have  the  care,  management  and 
custody  of  all  parks  and  grounds  used  for  park  purposes,  all 
boulevards  and  parkways  now  belonging  to  the  city,  or  to  any 

§  2847.  See  note  to  sec  2840.  ^  2S.S3.     Manet  v.  Jefferson  Co.  Con- 

§  2848.  A  Parkway  under  control  of       strnetion  Co.,  161  Ky.  845;   171  S.  W. 
Park  Board  is  a  principal  street  under      396. 


2849 CITIES  OF  THE  FIRST  CLASS. 865 

existing  Board  of  Park  Commissioners,  or  in  the  control  of 
the  city  or  existing  board,  and  all  such  property  as  may  here- 
after be  required  for  park  purposes  or  public  squares  by  the 
city  or  the  board.  The  board  shall  have  power  to  acquire  and 
hold  property  for  public  parks  and  public  squares  by  con- 
demnation or  by  contract  for  the  same;  to  accept  conveyances 
thereof;  to  receive  gifts,  donations  or  devises  of  land  or  other 
property  for  park  purposes ;  to  lay  out  and  improve  with  walk3, 
drives,  roads,  tree-planting,  and  other  property  improvements 
the  park  or  parks,  square  or  squares,  and  other  property  held  by 
it  or  required  and  managed,  and  to  enter  into  contract  for  the 
same;  to  protect  all  property  and  improvements  to  it  belonging 
or  under  its  manaigement  or  control  from  injury  or  decay;  to 
adopt  rules  and  regulations  for  the  reasonable  and  proper  use, 
and  for  preventing  injuries  to  or  misuse  of  all  parks,  public 
squares,  boulevards,  driveways,  walks  and  park  property  gen- 
erally; and  to  prevent  disorder  and  improper  conduct  within 
the  precincts  of  any  park  or  inclosure,  or  upon  any  drive,  walk 
or  avenue  under  control  of  said  Board  of  Park  Commissioners. 
The  police  power  of  the  city  shall  extend  over  the  said  park 
property  of  every  kind  as  the  same  is  or  as  shall  be  acquired; 
and  all  violations  of  such  park  rules  and  regulations,  and  all 
other  misdemeanors  or  offenses  committed  within  any  park 
property  or  precinct,  shall  be  punished  by  the  police  court  of 
the  city  on  complaint  and  proceeding  had,  as  provided  by  law 
in  cases  of  misdemeanors  and  violations  of  city  ordinances.  The 
said  commissioners  and  their  agents  and  employes  shall  have 
power  to  make  arrest  for  felonies  or  misdemeanors  committed 
within  any  park  precinct,  or  for  violation  of  any  park  rules  or 
regulations. 

§  2849,     Locating-  parks — powers  and  duties  concerning.     In 

locating  parks  and  such  other  property  as  may  be  acquired 
under  this  act,  the  board  shall  have  regard  to  the  needs  of  the 
different  portions  of  the  city  and  population  thereof,  and  suit- 
ability of  ground  for  park  purposes,  as  well  as  the  cost  thereof. 
In  and  of  all  such  matters  said  board  shall  have  discretion,  as 
also  in  the  system  of  improvement  of  the  same.  The  said  board 
may  acquire  by  purchase,  gift  or  condemnation  land  for  park- 
ways connecting  the  parks,  and  may  improve  and  regulate  the 
use  of  the  same. 


866  AN  ACT  FOR  THE  GOVERNMENT  OF  2850 

§  2850.     Acquiring  property — exemption  from  taxation.    The 

board  shall  not  be  compelled  to  accept  any  gift  or  offer  of  land 
which,  in  its  judgment,  is  unsuited  for  park  purposes,  or  the  im- 
provement of  which  would  entail  an  injudicious  outlay.  The 
title  of  all  property  acquired  for  park  purposes  shall  vest  in 
the  Board  of  Park  Commissioners,  and  the  same,  with  all  the 
improvements  and  equipments,  shall  be  held  in  strict  and  in- 
violable trust  for  public  park  uses,  free  from  all  taxation,  im- 
post, or  assessment — State,  county,  district,  municipal,  or  other- 
wise. 

§  2851.  Public  squares — shade  trees — conveyance  of  real 
estate  to  board.  The  board  shall,  in  like  manner,  hold,  manage, 
control,  and  improve  the  public  squares  or  areas  within  the  city 
limits,  and  may  acquire  others  by  gift,  contract,  purchase,  or 
condemnation,  and  for  such  it  may  prescribe  rules  and  regu- 
lations; and  all  squares  or  areas  shall  be  deemed  and  treated 
as  park  precincts.  It  shall  be  competent  for  the  city,  an  ordi- 
nance to  that  effect  being  duly  passed  and  approved,  to  con- 
vey to  said  board  any  real  estate  owned,  to  be  held  and  man- 
aged by  said  board  for  park  purposes.  The  said  board  shall  also 
have  the  control  and  maijagement  of  the  planting  and  care  of 
shade  trees  along  the  sidewalks  or  thorouhfares  of  the  city. 

§  2852.  Condemnation  of  property.  Whenever,  in  the  opinion 
of  said  board  of  park  commissioners,  property  shall  be  " 
needed  for  any  park  purposes  contemplated  in  this  act,  either 
within  or  beyond  the  boundaries  of  the  city,  in  the  county  in 
which  such  city  is  located,  the  said  board  may,  by  resolution 
reciting  such  need,  order  the  condemnation  of  such  property, 
and  proceedings  for  such  condemnation  shall  be  in  the  Jeffer- 
son Circuit  Court,  and  conducted  in  the  name  of  said  board  by 
the  City  Attorney.  Such  proceedings  shall  be  commenced  by 
petition  and  summons,  and  carried  on  as  nearly  as  may  be  as 
actions  at  law  by  ordinary  proceedings  are  conducted.  Warn- 
ing orders  against  non-residents,  absent  defendants  or  un- 
known   owners    of   property   shall   be    published   at  least  three 

§   2852.   Condemnation   of  land   for      section   and  Section   2831   upon   cities 

parks— procedure.      Board      of      Park       »*  t^e  first  class  to  condemn  land  for 

every  neeessarv  municipal  purpose. 
Com'rs  V.  DuPont,  110  Ky.  743;  62  l  &  N.  B.  E.  Co.  v.  Citv  of  Louis- 
S.  W.   891.     Power  conferred  by  this       ville,  131  Ky.  108;  114  S.'w.  743. 


2852 CITIES  OF  THE  FIRST  CLASS. 867 

times  in  two  daily  papers  published  in  such  city,  the  last  publi- 
cation being  at  least  ten  days  before  the  trial.  In  such  pro- 
ceedings for  condemnation,  the  owners  of  distinct  parts  of  any 
one  general  tract  sought  to  be  condemned  may  be  included  in 
one  proceeding,  or  any  one  or  more  of  them  holding  contigu- 
ous properties  may  be  proceeded  against  in  a  separate  action. 
The  court  in  which  such  proceedings  for  condemnation  are  insti- 
tuted shall  make  such  order,  rules  and  judgments  as  will  secure 
a  fair  trial  by  an  impartial  jury,  which  shall  be  summoned  under 
order  of  couii;.  Such  jury  shall  consist  of  twelve  freeholders  of 
such  city  or  county,  and  such  trial  for  condemnation  shall  have 
precedence  on  the  docket  of  the  court,  as  soon  as  the  parties  are 
before  the  court  and  the  issues  made  up.  The  jurors  in  such 
actions  for  condemnation  shall  be  swom  to  ascertain  and  deter- 
mine truly  and  impartially  by  their  verdict  the  amount  of  com- 
pensation each  owner  will  be  entitled  to  receive  if  his  land  or 
property  described  in  the  petition  be  condemned.  And  in  assess- 
ing damages  to  the  owner  of  the  property  so  condemned,  it  shall 
be  competent  for  the  jury  to  consider  the  benefit  and  advantage, 
if  any,  that  to  such  owner  will  result  from  the  proposed  improve- 
ments, and  to  set  off  the  same  against  such  damages  other  than 
for  the  value  of  the  property  taken.  The  court  in  which  such 
proceedings  are  instituted  shall  have  the  power  to  assign  a  day 
for  the  trial  of  the  case  as  soon  as  the  petition  is  filed.  Upon 
return  of  the  verdict  of  the  jury,  the  court  shall  enter  judgment 
vesting  in  the  Board  of  Park  Commissioners  of  the  city  the  title 
to  the  property  described  and  condemned,  the  said  judgment  to 
take  effect  upon  the  payment  into  court  by  said  board  of  the 
amount  of  money  named  in  the  verdict,  and  the  taxed  costs  of 
the  proceedings,  but  said  Board  of  Park  Commissioners  shall 
have  sixty  days  within  which  to  make  said  compensation  and 
ptayment;  and  if  the  same  be  not  made  within  such  time,  the 
said  condemnation  shall  be  deemed  and  treated  as  abandoned, 
and  the  verdict  and  judgment  set  aside,  and  proceedings  dis- 
missed at  the  cost  of  said  board;  but  without  prejudice  to  any 
subsequent  proceedings. 

That  no  proceeding  now  pending  and  undetermined  for  the 
condemnation  of  property  for  park  pui-poses  shall  be  affected 
by  this  act,  but  the  same  shall  be  governed  by  existing  laws. 
{As  amended  by  act  of  March  24,  1904.) 


868  AN  ACT  FOR  THE  GOVERNMENT  OF  2853 

§  2853.     Tax  for  park  purposes  and  expenses  of  board.     For 

the  purpose  of  providing  necessary  funds  for  the  purchase,  care 
and  improvements  of  park  property,  and  to  meet  the  expenses 
of  the  board,  the  General  Council  of  the  city  shall,  in  each  year, 
levy  and  cause  to  be  collected  a  tax  of  not  less  than  five  cents 
nor  more  than  eight  cents,  upon  each  one  hundred  dollars  of 
value  of  all  the  property  within  the  city  taxable  for  municipal 
pui'poses,  the  same  to  be  laid  over  to  the  board  and  receipted 
for  by  its  president. 

§  2854.  Bonds  for  raising  money — submission  to  voters.  For 
the  purpose  of  raising  money  for  the  purchase  or  improvement 
of  lands  for  park  property,  the  General  Council  of  the  city  may, 
by  ordinances,  submit  to  the  qualified  voters  of  the  city  the 
question  as  to  whether  the  city  shall  issue  bonds,  with  interest 
coupons  attached,  to  the  amount  and  of  the  character  set  forth 
in  such  ordinances ;  and  when  such  ordinance  is  passed,  it  shall, 
at  the  next  November  election,  be  submitted  to  the  qualified 
voters  of  the  city ;  and  if  it  receives  assent  of  two-thirds  of  those 
voting,  the  bonds  so  voted  shall  be  issued  by  the  city,  and  deliv- 
ered to  the  Board  of  Park  Commissioners. 

§  2855.  Board  can  not  anticipate  or  create  charge  upon  future 
year.  The  board  shall  never,  to  any  extent  or  under  any  device, 
in  one  year,  anticipate  to  create  a  charge  upon  the  income  of  a 
future  year;  and  no  work  done,  or  improvements  made  in  any 
one  year,  shall  be  made  a  charge  upon  the  income  of  a  future 
year. 

§  2856.  Board  to  keep  account — annual  report  to  Mayor.  The 
board  shall  keep  accurate  record  and  books  of  account,  and  shall, 
annually,  in  the  month  of  November,  transmit  to  the  Mayor  a 
full  and  detailed  report  and  statement  of  all  its  acts  and  doings 
for  the  preceding  year,  together  with  a  complete  and  itemized 
account  of  all  receipts  and  disbursements  of  money,  and  with 
an  itemized  estimate  of    the  money  needed  for  park    puiiwses 


§  2854.  Bonds — ©lection.  In  Bel-  question  to  carry  a  bond  issue,  but  in 
knap  V.  Citv  of  Louisville,  99  Kv.  Montgomery  Fiscal  Court  v  Trim- 
ATA  oa  a  w  111Q  Q.  T  -PA  o^«  ^le,  104  Ky.  629;  47  S.  W.  773;  42  L. 
474;  36  S.  W  11.18;  34  .L.  E.  A.  256;  ^  '^  738,  this  case  is  overruled,  and 
59  Am.  St.  Eep.  478,  the  court  held  t^o-thirds  of  those  voting  on  ques- 
that  it  required  two-thirds  of  those  j-jon  ^g  hej^  sufficient.  See  also  cases 
voting  at  frhe  election,  not  merely  cited  ante  under  Sec.  158  of  the  Con- 
two-thirds    of    those    voting    on    the  stitution. 


2857 CITIES  OF  THE  FIRST  CLASS. 869 

during  the  coming-  year.  The  books  of  account  and  records  of 
the  board  shall,  at  all  times,  be  open  to  the  inspection  of  the 
Mayor,  and  be  subject  to  the  same  examination  as  the  records 
of  other  municipal  officers  under  section  2797  of  the  act  for  the 
government  of  cities  of  the  first  class. 

§  2857.  Special  park  police — provisions  for.  The  General 
Council  of  the  city  may,  from  time  to  time,  upon  application 
therefor  made  by  the  board,  provide  by  ordinance  for  special 
park  police,  the  same  to  be  under  control  of  the  Board  of  Park 
Commissioners,  and  to  be  paid  by  it. 

§  2858.  Park  property — what  included  in  the  term.  The  term 
park  property  includes  all  parks,  squares,  and  areas  of  land 
within  the  management  of  said  board;  and  all  buildings,  struc- 
tures, improvements,  seats,  benches,  fountains,  walks,  drives, 
roads,  trees,  plants,  herbage,  flowers  and  other  things  thereon 
and  inclosures  of  the  same;  and  all  shade  trees  on  streets  or 
thoroughfares,  resting  places,  watering  stations,  playgrounds, 
parade  grounds  or  the  like;  and  all  connecting  parkways  and 
roads  or  drives  between  parks;  and  all  avenues,  roads,  ways, 
drives,  walks,  with  all  trees,  shrubbery,  vines,  flowers  and  orna- 
ments of  any  description;  and  all  birds,  animals  or  curiosities, 
or  objects  of  interest  or  instruction  placed  in  or  on  any  of  such 
inclosures,  ways,  parkways,  roads  or  places;  and  said  terms  shall 
be  liberally  construed. 

§  2859.  City  Attorney  to  give  advice  and  render  service.  All 
legal  service  or  advice  required  by  the  board  shall  be  rendered 
by  the  City  Attorney  and  his  assistant  without  additional  com- 
pensation. 

SUBDIVISION  IX. 

Public  Wharves. 

§  2860.  1.  Board  of  Public  Works  control — superintendent, 
assistant,  and  salaries.  That  the  wharves  and  landings  of  cities 
of  the  first  class  shall  be  under  the  care  and  control  of  the  Board 

§    2860.    (1)    Authority   to    accLUire  taining   a  wharf   for   public   use,  can 

property.    A  city  has  no  power  to  ac-  not    delegate    its    power    to    another, 

quire    property    for    wharf    purposes  Roberts  v.  City  of  Louisville,  92  Ky. 

unless    it    be    expressly    conferred    by  95;    17   S.   W.   216;    13   L.   E.   A.   844; 

legislative    grant.      The    city    council,  Bateman    v.    Covington,    90   Ky.    390; 

when  charged  with  the  duty  of  main-  14   S.   W.  361. 


870 AN  ACT  FOR  THE  GOVERNMENT  OF  2860 

of  Public  Works  of  said  city,  who  shall  fix  and  receive  reason- 
able charges  to  be  paid  for  the  use  of  the  same.  They  shall  keep 
the  said  wharves  and  landings  in  order,  shall  employ  and  fix  the 
compensation  of  all  persons  employed  in  connection  with  the 
care  and  control  of  the  same;  and  said  wharves  shall  be  under 
the  immediate  care  and  control  of  a  superintendent  of  public 
wharves,  and  an  assistant  superintendent  of  such  wharves,  to 
be  appointed  by  the  said  Board  of  Public  Works,  who  shall  pre- 
scribe the  duties  of  said  officers  and  fix  their  compensation  as 
follows:  The  compensation  of  the  superintendent  of  public 
wharves  shall  be  not  exceeding  two  thousand  five  hundred  dol- 
lars per  annum,  and  the  salary  of  the  assistant  superintendent 
shall  not  be  exceeding  one  thousand  two  hundred  dollars  per 
annum.  The  said  Board  of  Public  Works  shall  appoint  said 
officers  as  soon  as  practicable  after  the  taking  effect  of  this  law, 
and  the  said  Board  of  Public  Works  shall  have  the  power  to  fill 
vacancies  occurring  in  either  of  said  offices. 

2.  Lease  of  wharf  property.  The  said  Board  of  Public  Works 
shall  have  the  power  to  lease  and  receive  the  rentals  from  any 
portion  of  the  wharf  property  not  needed  for  wharf  purposes  for 
the  time  being;  but  all  leases  shall  provide  for  their  cancella- 
tion whenever  the  property  leased  is,  in  the  judgment  of  the 
said  board,  required  for  wharf  pui-poses. 

3.  Receipts  to  be  paid  to  City  Treasurer — disposition  of.  All 
moneys  that  shall  be  collected  for  the  use  of  wharves,  landings 
and  leases,  on  any  part  of  wharf  property  not  needed  for  wharf 
pui-poses,  and  all  other  money  or  moneys  received  by  the  super- 
intendent of  public  wharves  from  said  wharves,  landings  and 
leases,  shall  be  paid  into  treasury  of  the  city  at  the  end  of  each 
and  every  week,  and  placed  by  the  treasurer  to  the  credit  of 
whai-ves.  The  salaries  and  expenses  of  operating  the  wharves 
and  landings  shall  be  paid  out  of  said  fund ;  and  the  net  revenue 
derived  from  said  wharves,  landings,  and  leaseholds  shall  be 
placed  by  the  City  Treasurer  annually  to  the  credit  of  the  gen- 

(2)     Control     of     wharf     property.  city,    authority    to    do    so    not    being 

"Commissioners  of  the  sinking  fund"  gi^"en  by  the  charter   Eoberts  v.  City 

,.  ^,       „.,        .  T-      •     -11         1,°  1,    •  0^  Louisville,  92  Ky.  95;  17  S.  W.  216; 

of   the   City   of  Louisville,  which   is  a  j^o^-liability    for    state    taxation,    see 

distinct    corporation    created   by   that  Com.  v.  City,  20  R.  893;  47  S.  W.  865; 

name   for   specified  purposes,   can   not  Com.   v.    City   of    Louisville,    133   Ky. 

control    the    wharf    property    of    the  849;  119  S.  W,  161. 


2861  CITIES  OF  THE  FIRST  CLASS. 871 

eral  purpose  fund.  (This  section,  originally  part  of  the  act  of 
July  1,  1893,  as  amended  by  act  of  February  24,  1894,  was  re- 
pealed by  act  of  Febimary  28,  1902,  and  the  section  as  it  now  is — 
an  act  of  February  28,  1902, — is  inserted  in  its  place.) 

SUBDIVISION  X. 

Board  of  Public  Safety. 

§  2861.     Three    members — salary — what  to  have    control  of. 

The  Board  of  Public  Safety  shall  consist  of  three  members.  Each 
member  of  said  board  shall  receive  a  salary  of  not  less  than  two 
thousand  five  hundred  dollars.  The  board  shall  have  exclusive 
control,  under  the  ordinances  of  the  General  Council,  of  all  mat- 
ters relating  to  the  fire  department,  police  department,  the 
health  department,  the  department  of  buildings,  of  the  pounds, 
and  prisons,  and  market  places,  and  of  all  the  charitable, 
reformatory,  and  penal  institutions  of  the  city,  including  the 
city  hospital,  the  almshouse,  the  city  dispensary,  the  pesthouse, 
the  city  workhouse,  and  all  other  buildings  and  institutions  of  a 
similar  character  belonging  to  the  city,  or  under  the  supervision 
and  conti'ol  thereof.  Said  board  shall  also  have  charge  of  the 
registration  of  births,  marriages  and  deaths  within  the  city,  and 
the  collection  and  publication  of  such  statistical  information  as 
m'ay  be  useful  or  necessary. 

§  2862.     By-laws  and  rules  for  government  of  inmates  of  insti- 
tutions— punishments.    The  board  may  make  by-laws  and  rules 


§  2861.  (1)  Police  commissioners.  under  an  unlawful  permit  may  en- 
Act  of  1868,  providing  for  the  organi-  join  the  erection  of  such  building.  Id. 
zation  of  a  police  force  for  Louisville  ^  building  regulation  which  pro- 
and  Jefferson  county,  held  valid.  Dual  h;bits  the  erection  of  a  frame  build- 
character  and  powers.  Commission-  jyg  within  60  feet  of  a  permanent 
ers  V.  Louisville,  3  Bush,  597.  This  brick  or  stone  building  is  valid.  Id. 
act   is   repealed  by  the   present    char-  ^  provision  in  a  building  ordinance 

*^^;^v   „           ^      1.               oono    or.oi  providing    specifically    the    maximum 

(2)  See  notes  to  sees    2802    2.81.  ^           ^|  a  theatre  corridor  is  valid 

(3)  Illegal  permit.  A  building  per-  ^^^  -^^^  ^  unreasonable,  and  a 
mit  issued  by  the  Building  Inspector  .^^  ^^^^-^^  ^  ^^^  ^^^^^  ^^  p^^. 
contrary  to  law  may  be  canceled  by  '.^  ^^^-  allowing  a  longer  corridor 
the  Board  of  Safety,  although  work  .^  ^^oid,  the  provisions  of  the  ordi- 
nas  been  commenced  under  said  per-  ^^^^^^  ^  mandatory.  McGee  v. 
mit.  O 'Bryan  v.  Highland  Apart-  TCp,„,p^p  iti  ttv  27-  114  S  W  ^99 
ment  Co.,  128  Kv.  282;  IDS  S.  W.  257;  5^""'^^^'  ^"^  ^^ '  ^^'  ^^*  ^^  ^^  -^^' 
15  L.  R.  A.   (N.  S.)  419. 

Any    person   whose    property   would  See    Sec.    3037e,    establishing    Hos- 

be    damaged    by    a    building    erected  pital   Commission. 


872 AN  ACT  FOR  THE  GOVERNMENT  OF 2863 

for  the  government  of  the  inmates  of  its  institutions,  and  may 
inflict  proper  but  humane  punishment  in  the  enforcement 
thereof. 

§  2863.  Location  of  institutions  by  General  Council.  The 
General  Council  may,  by  ordinance,  locate  any  of  its  institutions 
upon  land  now  owned  by  the  city,  or  to  be  hereafter  provided  for 
that  purpose,  anywhere  in  the  county  in  which  said  city  is  situ- 
ated, or  may  authorize  the  board  to  select  the  location  of  said 
institutions  within  the  county. 

§  2864.  Deduction  from  time  of  persons  confined.  The  board 
may,  for  good  conduct,  authorize  deduction  from  the  time  of  per- 
sons confined  in  the  workhouse  or  any  other  penal  institution. 

SUBDIVISION  XI. 
Police  and  Fire  Departments. 
(Fire  Department,  §  2896a.) 

§  2865.     Chief  of  police — chief  of    firemen — appointment    of. 

The  commissioners  of  the  Board  of  Public  Safety  shall  appoint 
a  chief  of  policemen  and  a  chief  of  firemen.  (See,  further,  as 
to  fire  depaHment,  sec.  2896a.) 

§  2866.  Qualification  of  employes  of  departments.  Excepting 
the  chiefs  and  persons  now  employed  in  said  departments,  and 
persons  who  have  been  employed  in  said  departments  during  the 
past  five  years,  every  ofiicer  or  employe  shall,  before  appoint- 
ment or  selection,  have  the  following  qualification: 

1.  He  must  read  and  write  correctly  and  fluently  the  Eng- 
lish language  from  dictation  in  the  presence  of  examiners 
appointed  by  said  board. 

2.  He  must  pass  a  satisfactory  examination  of  the  charter 
and  ordinances  of  the  city  and  such  parts  of  the  Constitution 
and  statutes  of  the  State  as  relate  to  the  duties  of  his  office. 

3.  He  must  be  at  least  twenty-one  years  of  age. 

4.  He  must  be  of  sound  health  and  sufficiently  strong  to  be 
active  and  able  to  discharge  easily  his  duties ;  and, 

5.  He  must  be  a  resident  and  voter  in  the  city, 

§  2865.  Pension  fund  for  firemen.  men;  the  legislature  may  delegate 
Act  of  March  16,  1900,  unconstitu-  this  power  to  the  municipality.  Mo- 
tional in  so  far  as  it  undertook  with-  Donald  v.  City,  113  Ky.  425;  68.  S.  W. 
out  consent  of  the  municipality  to  413;  and  see  City  v.  Thompson,  113 
impose   a  tax  for  the  benefit   of  fire-  Ky.  .540;  68  S.  W.  477. 


2867 CITIES  OF  THE  FIRST  CLASS. 873 

§  2867.  Manual  of  instruction  to  be  f uinished.  The  Board  of 
Public  Safety  shall  provide  a  manual  of  instruction  for  the  study 
by  persons  who  wish  to  acquire  the  necessary  knowledge  of  the 
said  ordinances,  charter,  statutes  and  Constitution. 

§  2868.     Chief  of  police  to  control  police  force — times  of  peril. 

The  chief  of  policemen  shall  have  exclusive  direction  and  con- 
trol of  the  police  force,  subject  to  the  rules,  regulations  and 
orders  of  said  Board  of  Public  Safety.  In  times  of  peril,  from 
riot,  extensive  conflagration,  disorder,  or  the  apprehension 
thereof,  the  chief  of  policemen  shall  be  subordinate  to  tne 
Mayor,  and  obey  his  orders  and  directions. 

§  2869.  Powers  of  officers  and  employes  of  departments.  The 
officers  and  employes  of  said  police  departments  shall  possess 
all  the  common  law  and  statutory  powers  of  constables,  except 
for  the  service  of  civil  process. 

§  2870.  Commissioners  may  appoint  special  police.  Said  com- 
missioners may,  in  case  of  need,  appoint  special  police  to  do 
special  duty  at  any  place  within  said  city,  and  on  such  terms  as 
they  may  deem  proper;  and  these  special  policemen  shall  be 
governed  by  such  rules  and  regulations  as  said  commissioners 
may  provide,  and  be  given  such  powers  as  said  commissioners 
allow;  and  in  case  no  such  rules  are  provided,  they  shall  have 
the  powers  and  duties  of  ordinary  policemen. 

§  2871.  Assessment  for  political  purposes  forbidden — penalty. 
No  officer  or  policeman,  or  member  of  the  fire  department,  shall 
be  called  on  for  any  contribution  or  assessment  by  any  superior 
or  political  organization  or  committee.  No  officer  or  member  of 
said  police  or  fire  department  shall  be  allowed  to  solicit  any  con- 
tributions or  funds,  or  to  sell  any  tickets,  or  procure  money  by 
any  devices  from  the  public.  Any  person  violating  the  provi- 
sions of  this  section  shall  be  fined  in  a  sum  not  exceeding  one 
hundred  dollars,  or  imprisoned  for  a  period  not  exceeding  two 
months,  or  both  so  fined  and  imprisoned. 

§  2872.  Policemen  not  to  receive  gratuity  for  ser\'ice.  No 
policeman  or  police  officer  shall  be  allowed,  without  the  consent 
of  the  board  in  each  case,  to  receive  any  money,  or  gratuity,  or 

§2870.    Special    police    may    be    ap-  §    2872.    Pension  act — construction 

pointed   under    authority  of   this  see-  of.  Head  v.  Jacobs,  150  Ky.  290;  150 

tion.  City  v.  Young,  23  E.  1429;  65  S.  S.  W.  349. 
W.  599. 


874 AN  ACT  FOR  THE  GOVERNMENT  OF 2872a 

compensation,  in  addition  to  his  salary,  for  any  sei^vice  he  may 
render. 

§  2872a.  Policemen's  Pension  Fund.  That  an  act  entitled, 
"An  Act  providing  for  the  creation,  control  and  disposition  of  a 
fund  to  be  used  in  pensioning,  under  certain  conditions,  police- 
men and  the  families  of  deceased  policemen,  in  cities  of  the  first 
class,"  approved  March  3,  1904,  be,  and  the  same  is  hereby  re- 
pealed. 

2.  Board  of  Trustees.  That  as  soon  as  practical  after  the 
passage  of  this  Act,  there  shall  be  organized  in  connection  with 
the  Police  Department  in  all  cities  of  the  first  class  in  this  Com- 
monwealth, a  board  to  be  known  as  the  Board  of  Trustees  of  the 
Policemen's  Pension  Fund,  which  board  shall  be  composed  of  the 
Mayor,  the  Chairman  of  the  Board  of  Public  Safety,  the  City 
Treasurer,  the  Chief  of  Police  and  the  Comptroller  and  said 
board  shall  select  from  its  members  a  President  and  Secretary. 
The  City  Treasurer  shall  be  ex-officio  treasurer  of  said  board, 
and  of  the  funds  coming  into  its  hands.  The  members  of  said 
board  shall  continue  members  thereof  until  their  respective  suc- 
cessors are  elected,  or  appointed,  and  qualified. 

3.  Tax  for.  There  may  be  levied  and  set  apart  by  the  Gen- 
eral Councils  of  all  cities  of  the  first  class  in  this  Commonwealth, 
for  the  year  1913,  a  tax  of  not  more  than  one  cent  on  each  hun- 
dred dollars  of  value  of  taxable  property  in  said  cities  for  said 
year,  as  a  fund  for  the  pensioning  as  hereinafter  provided,  of 
members  of  the  police  department  and  the  families  of  the  de- 
ceased members  thereof,  in  said  cities,  and  a  like  tax  may  be 
levied  and  set  apart  for  the  same  purpose  for  each  succeeding 
year  until  said  fund  shall  have  reached  the  sum  of  three  hundred 
thousand  dollars  as  of  date  the  first  September,  preceding,  in 
which  event  the  levy  of  said  tax  shall  cease ;  but  should  said  fund 
thereafter,  as  of  the  first  of  September  in  any  year,  fall  below 
the  sum  of  three  hundred  thousand  dollars,  then  said  tax  may 
be  levied  for  the  next  succeeding  year  and  for  each  year  there- 
after until  said  fund  shall  have  again  reached  the  sum  of  three 


§  2872a.      (1)   A  policeman  who  ac-  v.   Board  of  Trustees   of  Policemen's 

cidentaaiy     shot     himself     whije     at  Pension  Fund,  115  S    W.  808 

;    ^  ,  ,                 .    .    ;     1,1  (2)    Pension   Board   has    discretion 

home  and  off  duty  was  not  shot  while  ^^  determine  who  shall  be  entitled  to 

in  the  line  of  duty  and  his  widow  is  .,    peiision    under   the    new    act.    Head 

not    entitled   to   a   pension.   McAuliffe  v.  Jacobs,  150  Ky.  290;  150  S.  W.  349. 


2872a CITIES  of  the  first  class. 875 

hundred  thousand  dollars  as  of  the  first  of  September  immedi- 
ately preceding  the  time  of  making  the  usual  tax  levy  in  said 
cities,  it  being  one  of  the  purposes  of  this  act  to  permit  the 
amount  of  said  fund  to  be  kept  at  all  times,  as  near  as  possible,  to 
three  hundred  thousand  dollars.  All  moneys  withheld  from 
oflficers,  members,  or  employes  of  the  police  department  as 
punishments  for  any  breach  of  discipline,  misconduct  or  vio- 
lation of  the  rules  and  regulations  of  said  department  shall  be 
paid  into  said  fund  each  month  and  credited  upon  the  pay-roll 
of  the  department,  payable  to  said  fund  for  that  pupose,  and 
all  fines  imposed  by  the  Board  of  Public  Safety  upon  oflScers, 
members  or  employes  of  the  Police  Department,  by  way  of  dis- 
cipline, and  collectable  from  pay  or  salary,  shall  be  paid  into 
the  treasury  to  the  credit  of  said  fund.  Such  donations,  to- 
gether with  the  payments  aforesaid  and  the  tax  levy  afore- 
said, shall  constitute  and  be  kept  as  a  fund  to  be  called  the 
Policemen's  Pension  Fund,  and  the  board  hereinbefore  desig- 
nated, is  hereby  declared  to  be  the  trustee  of  said  fund,  and  it 
shall  have  power,  and  it  shall  be  its  duty,  from  time  to  time 
to  invest  the  same,  in  whole  or  in  part,  as  it  shall  deem  most 
advantageous,  for  the  objects  of  said  fund;  and  it  is  empowered 
to  take  all  necessary  remedies  in  the  premises. 

4.  Assessment.  Said  board  shall  have  exclusive  control  and 
management  of  said  fund,  and  may  assess  each  member  of  the 
police  department  fifty  cents  per  month  while  he  is  such  mem- 
ber, to  be  deducted  and  withheld  from  the  pay  of  each  member 
so  assessed,  the  same  to  be  placed  by  the  Treasurer  of  each  city 
of  the  first  class  to  the  credit  of  such  fund,  subject  to  the  order 
of  such  board. 

5.  Rules.  Said  board  shall  make  all  needful  rules  and  regu- 
lations for  its  government  in  the  discharge  of  its  duties,  and 
shall  hear  and  decide  all  applications  for  relief  or  pensions  under 
this  act,  and  its  decision  on  such  matters  shall  be  final  and  con- 
clusive, and  not  subject  to  review,  revision  or  reversal,  except 
by  said  board,  and  a  record  shall  be  kept  by  its  Secretary  of  all 
the  meetings  and  proceedings  of  said  board. 

6.  Powers  of  board.  Said  Board  of  Trustees  shall  have ^ower 
to  draw  said  pension  fund  from  the  treasury  and  may  invest 
the  same,  or  any  part  thereof,  in  the  name  of  the  Board  of 


876 AN  ACT  FOR  THE  GOVERNMENT  OF 2872a 

Trustees  of  the  Policemen's  Pension  Fund,  in  interest-bearing 
bonds  of  the  United  States,  or  the  State  of  Kentucky,  or  any  city 
of  the  first  class  in  the  State  of  Kentucky,  and  all  such  securities 
shall  be  deposited  with  the  Treasurer  of  said  board,  and  shall 
be  subject  to  the  order  of  said  board. 

7.  Principal  and  interest  of  fund.  Both  the  principal  and 
interest  of  said  pension  fund  shall  be  applicable  to  the  payment 
of  pensions  under  this  act. 

8.  Disability  of  member  of  Police  Department — monthly 
allowance.  If  any  officer,  member  or  employe  of  the  Police  De- 
partment, while  in  the  performance  of  his  duty,  becomes  tempo- 
rarily totally  disabled,  physically  or  mentally,  for  service,  by 
reason  of  service  in  such  department,  the  Board  of  Trustees  shall 
order  the  payment  from  said  pension  fund  to  such  disabled 
officer,  member  or  employe,  monthly  during  such  disability,  not 
to  exceed  one  year,  a  sum  equal  to  the  monthly  compensation 
allowed  such  officer,  member  or  employe  as  salary  at  the  date  of 
his  disability,  provided  such  officer,  member  or  employe,  dur- 
ing the  same  period,  is  paid  no  salary  as  such  officer,  member 
or  employe.  If  any  officer,  member  or  employe  of  the  Police  De- 
partment, while  in  the  performance  of  his  duty,  becomes  mem- 
tally  or  physically  permanently  disabled  by  reason  of  service 
in  such  department,  so  as  to  render  necessary  his  retirement 
from  the  service  in  said  department,  said  Board  of  Trustees 
shall  retire  such  disabled  officer,  member  or  employe  from  ser- 
vice in  such  Police  Department:  Provided,  no  such  retirement 
on  account  of  disability  shall  occur  unless  such  officer,  member, 
or  employe  has  contracted  such  disability  through  his  sei'vice  in 
the  Police  Department;  and  upon  such  retirement  the  Board  of 
Trustees  shall  order  the  payment  to  such  disabled  officer,  mem- 
ber or  employe  of  such  Police  Department,  monthly,  from  said 
pension  fund,  the  sum  of  thirty  dollars.  If  any  officer,  member 
or  employe  of  said  Police  Department  shall,  while  in  the  per- 
formance of  his  duty,  be  killed,  or  die  as  a  result  of  an  injury 
received  in  the  line  of  his  duty,  or  after  having  served  in  the 
department  fifteen  consecutive  years  shall  die,  while  in  the  ser- 
vice or  on  the  retired  list,  from  any  cause,  and  shall  leave  a 
widow;  or  child,  or  children,  under  the  age  of  fourteen  years,  or, 
if  unmarried  and  childless,  shall  leave  a  dependent  father  or 
mother  surviving,  said  Board  of  Trustees  shall  direct  the  pay- 


2872a CITIES  of  the  first  class. 877 

ment  from  said  pension  fund,  monthly,  to  such  widow,  while  un- 
married, of  thirty  dollars,  and  for  each  child  until  it  reaches  the 
age  of  fourteen  years,  six  dollars,  and  to  the  dependent  father 
and  mother,  if  such  officer,  member  or  employe  was  unmarried 
and  childless,  thirty  dollars,  the  pension  to  the  father  and  mother 
to  be  paid  as  follows:  If  the  father  be  dead,  the  mother  shall 
receive  the  entire  thirty  dollars,  and  if  the  mother  be  dead  the 
father  shall  receive  the  entire  thirty  dollars,  and  if  both  living, 
each  shall  receive  fifteen  dollars. 

9.  Percentage  of  payments — when  made.  If  at  any  time 
there  shall  not  be  sufficient  money  in  the  Policemen's  Pension 
Fund  to  pay  each  person  entitled  to  the  benefit  thereof  the 
amount  per  month  as  herein  provided,  then  an  equal  percentage 
of  such  monthly  payments  shall  be  made  to  each  beneficiary  until 
the  said  fund  be  so  replenished  as  to  warrant  the  payment  in  full 
to  each  of  said  beneficiaries. 

10.  Funeral  expenses.  Whenever  an  active  or  retired  police- 
man shall  die,  the  Board  of  Trustees  may  appropriate  from  the 
pension  fund  a  sum  not  exceeding  one  hundred  dollars,  to  his 
widow  or  family,  for  funeral  expenses,  and  may  expend  a  sum 
of  not  exceeding  fifty  dollars  for  the  expense  of  the  attendance 
of  policemen  at  the  funeral. 

11.  Who  may  receive  pension.  No  person  shall  be  entitled 
to  receive  any  pension  from  the  said  fund,  except  a  regularly 
retired  officer,  member  or  employe,  or  a  regular  officer,  mem- 
ber or  employe  in  said  Police  Department,  his  widow  and  chil- 
dren under  the  age  of  fourteen  years,  and  his  dependant  father 
or  mother. 

12.  Treasurer  of  board — duties.  The  treasurer  of  the  Board 
of  Trustees  shall  be  custodian  of  said  pension  fund,  and  shall 
secure  and  safely  keep  the  same  subject  to  the  control  and  direc- 
tion of  the  board  and  shall  keep  his  books  and  accounts  concern- 
ing said  fund  in  such  manner  as  may  be  prescribed  by  the  board 
and  the  said  books  and  accounts  shall  always  be  subject  to  the 
inspection  of  the  board  or  any  member  thereof.  The  Treasurer 
shall  within  ten  days  after  his  election  or  appointment  execute 
a  bond  to  the  city,  with  good  and  sufficient  surety,  in  such  penal 
sum  as  the  board  shall  direct,  to  be  approved  by  the  board, 
conditioned  for  the  faithful  performance  of  the  duties  of  his 


878 AN  ACT  FOR  THE  GOVERNMENT  OF 2872a 

office,  and  that  he  will  safely  keep  and  well  and  truthfully  ac- 
count for  all  moneys  and  properties  which  may  come  into  his 
hands  as  such  Treasurer,  and  that,  upon  the  expiration  of  his 
term  of  office,  he  will  surrender  and  deliver  to  his  successor  all 
bonds,  securities,  and  all  unexpended  moneys,  or  other  proper- 
ties which  may  have  come  into  his  hands  as  Treasurer  of  said 
fund.  Said  bond  shall  be  filed  in  the  office  of  the  comproller  as 
other  bonds,  and  may  be  sued  on  in  the  name  of  said  city,  for 
the  use  of  said  board,  or  in  the  name  of  said  board,  or  any  per- 
son or  persons  injured  by  a  breach  thereof. 

13.  Warrants.  It  shall  be  the  duty  of  such  officer  or  officers 
of  the  city  as  are  designated  by  law  to  draw  warrants  on  the 
Treasurer  of  said  city  on  request  in  writing  by  said  Board  of 
Trustees,  to  draw  warrants  on  the  Treasurer  of  said  city  pay- 
able to  the  Treasurer  of  said  Board  of  Trustees,  for  all  funds 
belonging  to  said  pension  fund  as  aforesaid. 

14.  Moneys — how  paid.  All  moneys  ordered  to  be  paid  from 
said  pension  fund  to  any  person  or  persons  shall  be  paid  by 
the  Treasurer  of  the  Board  of  Trustees  only  upon  warrant  signed 
by  the  President  of  said  board,  and  countersigned  by  the  Sec- 
retary thereof,  and  no  warrant  shall  be  drawn,  except  by  order 
of  the  board,  after  having  been  duly  entered  on  the  records  of 
the  proceedings  of  the  board. 

15.  Report  of  board.  The  Board  of  Trustees  shall  make  a 
report  to  the  General  Council  of  said  city  of  the  condition  of  said 
pension  fund  in  the  month  of  September  in  each  and  every  year. 

16.  Pension  fund  exempt  from  procelss.  No  portion  of  said 
pension  fund  shall,  before  or  after  its  order  for  distribution 
by  the  Board  of  Trustees  to  the  persons  entitled  thereto,  be  held, 
seized,  taken,  subjected  to,  detained  or  levied  by  virtue  of  any 
attachment,  execution,  injunction,  writ,  interlocutory,  or  any 
other  order  or  decree,  or  any  process  of  proceeding  whatever 
issued  out  of  or  by  any  court  of  this  State  for  the  payment  or 
satisfaction,  in  whole  or  in  part,  or  any  debt,  damage,  claim,  de- 
mand or  judgment  against  the  beneficiary  of  said  fund;  but  said 
fund  shall  be  held  and  distributed  for  the  purposes  of  this  act, 
and  for  no  other  purpose  whatever. 

17.  City  Attorney — duty  of.  It  shall  be  the  duty  of  the 
Attorney  for  cities  of  the  first  class  to  give  advice  to  the  Board 
of  Trustees  of  the  Policemen's  Pension  Fund  in  all  matters  per- 


2873  CITIES  OF  THE  FIRST  CLASS.  879 

taining-  to  their  duties  and  management  of  said  fund  whenever 
thereunto  requested,  and  he  shall  represent  and  defend  said  board 
as  its  Attorney  in  all  suits  or  actions  at  law  or  in  equity  that 
may  be  brought  against  it,  and  bring  all  suits  and  actions  in  its 
behalf  that  may  be  required  or  determined  upon  by  said  board. 

18.  Transfers  of  pensioners  and  beneficiaries.  Said  board 
shall  organize  as  soon  as  practical  after  the  passage  of  this 
act  and  take  charge  of  all  records,  property  and  funds  on  hand 
or  in  process  of  collection  as  soon  as  realized,  that  belong,  or 
pertain,  to  the  Policemen's  Pension  Fund,  as  now  constituted. 
All  pensions  that  are  now  in  force  under  the  law  heretofore 
existing  are  declared  to  be  hereby  ended  and  abolished:  Pro- 
vided, That  all  pensioners  and  beneficiaries  under  the  laws  here- 
by abolished,  shall  be  continued  as  such  by  the  board  when  organ- 
ized under  this  act,  if  under  the  terms  of  this  act,  they  would 
be  entitled  to  apply  for  and  receive  pensions,  or  benefits,  and 
said  transferred  pensioners  and  beneficiaries  shall  be  subject 
to  all  the  rates  and  provisions  of  this  act  in  the  same  manner 
as  if  claims  had  been  originally  allowed  under  same. 

19.  Saving  clause.  If  any  section  under  this  act  shall  be  held 
invalid,  such  fact  shall  not  aflfect  any  other  section,  it  being  the 
intention  of  the  General  Assembly,  in  enacting  this  act,  to  enact 
each  section  separately.  And  if  any  provision  or  exemption  con- 
tained in  any  section  shall  be  held  invalid,  such  fact  shall  not 
affect  the  remaining  portion  of  said  section;  it  being  the  inten- 
tion of  the  General  Assembly  to  enact  each  section  of  this  act  and 
each  proviso  and  exception  thereof  separtely.  (Act  of  March  18, 
1912.) 

§  2873.  Police— control  by  Board  of  Public  Safety.  The  gov- 
ernment, administration,  disposition  and  discipline  of  the  Police 
Department  and  police  force  shall  be  such  as  the  Board  of  Public 
Safety,  may  and  is  hereby  authorized  from  time  to  time  by  rules, 
orders  and  regulations,  prescribed,  but  in  strict  comformity 
to  the  provisions  of  "An  act  for  the  government  of  cities  of  the 
first  class." 

§  2874.  Rules  and  regulations — examination  of  charges — 
removal — copy  of  rules,  evidence.    The  Board  of  Public  Safety 

§   2874.   Removal     of     Policemen —  of    action.      Gorley   v.    City,    104   Ky. 

without   notice   or  before   charges   are  372;    108  Ky.   789;   47  S.  W.   263;    55 

preferred     is     unauthorized — recovery  S.  W.  886;   see  Gorley  v.   City,   23   E. 

of    salary    after    removal — limitation  1782;  65  S.  W.  844;  and  note  to  sec. 


880 AN  ACT  FOR  THE  GOVERNMENT  OF 2875 

is  authorized  and  empowered  to  make,  adopt  and  enforce  rules, 
orders,  and  regulations  for  the  government,  discipline,  adminis- 
tration and  disposition  of  the  Police  Department  and  police 
force  and  the  members  thereof.  The  board  shall  have  power, 
and  it  is  authorized  to  adopt  rules  and  regulations  for  the  exam- 
ination, hearing,  investigation  and  determination  of  charges 
made  or  preferred  against  members  of  the  said  police  force, 
but  no  member  or  members  of  the  police  force  (except  as  pro- 
vided in  this  chapter)  shall  be  fined,  reprimanded,  removed,  sus- 
pended or  dismissed  from  the  police  force,  until  written  charges 
shall  have  been  made  or  preferred  against  him  or  them,  nor 
until  such  charges  haVe  been  examined,  heard  and  investigated 
before  said  board,  upon  such  reasonable  notice  to  the  member 
or  members  charged,  and  in  such  manner  of  procedure,  practice, 
examination  and  investigation  as  the  said  Board  of  Public  Safety 
may,  by  rules  and  regulations,  from  time  to  time,  prescribe: 
Provided,  hoivever,  That  any  member  of  the  police  force  who 
is  now  or  may  hereafter  become  insane  or  of  unsound  mind, 
so  as  to  be  unable  or  unfit  to  perform  full  police  service  or  duty, 
may  be  removed  and  dismissed  from  the  police  force  by  reso- 
lution of  the  Board  of  Public  Safety.  A  copy  of  the  rules  and 
regulations,  or  any  or  either  of  them,  of  the  Police  Department 
or  Board  of  Public  Safety,  passed  or  adopted  by  such  board, 
may  when  certified  by  the  President  of  said  board  and  Chief 
Clerk  of  said  Police  Department  or  board,  be  given  in  evidence 
upon  any  trial,  investigation,  hearing  or  proceeding,  in  any  court 
or  before  any  tribunal,  commissioner  or  commissioners,  board 
or  competent  body,  with  the  same  force  and  effect  as  the  original. 

§  2875.     Board  of    Public    Safety — powers  in  compelling  at- 
tendance of  witnesses  and  in  investigating  charges.    The  Board 

of  Public  Safety  shall  have  the  power  to  issue  subpoenas,  at- 
tested in  the  name  of  the  chairman,  to  compel  the  attendance 
of  witnesses  upon  any  proceedings  authorized  by  law  or  its  rules 
and  regulations.  The  Board  of  Public  Safety  is  hereby  author- 
ized and  empowered  to  investigate,  take  evidence  and  hear  any 

2880.     It  is  intimated  in  Neumeyer  v.  to    appointive    city    officers.    A    police 

Krakel,   110   Ky.   624;    62   S.   W.   518,  officer   under  this   section  can  not  be 

that  Sections  2874  and  2882  are  void  discharged    without    a    trial.    City    of 

to    the    extent    that    they    attempt    to  Louisville   v.   Koss,   138  Ky.   764;    129 

give  a  term  of  more  than  four  years  S.  W.  101. 


2876 CITIES  OF  THE  FffiST  CLASS. 881 

charge  or  charges  made  or  preferred  against  any  member  or 
members  of  the  police  force ;  but  no  judgment  or  other  determina- 
tion shall  be  rendered  or  pronounced,  dismissing,  removing  or 
suspending  any  member  or  members  of  said  police  force,  or  im- 
posing any  fine  or  forfeiture,  unless  a  majority  of  the  Board  of 
Public  Safety  shall  concur. 

§  2876.  Ordinance  enforced — infoiination  furnished.  The 
Board  of  Public  Safety,  shall,  at  all  times,  cause  the  ordinances 
of  cities  of  the  first  class,  not  in  conflict  with  law,  to  be  properly 
enforced;  and  it  shall  be  the  duty  of  said  board  at  all  times, 
whenever  consistent  with  the  rules  and  regulations  of  the  board 
and  the  requirements  of  this  act,  to  furnish  all  information  de- 
sired. 

§  2877.  Stations  and  station  houses — business  accommoda- 
tions— patrol  wagons  and  horses  to  be  furnished.  The  Board  of 
Public  Safety  may,  from  time  to  time,  establish,  provide  and 
furnish  stations  and  station-houses  for  the  accomodation  there- 
at of  members  of  the  police  force,  and  as  places  of  temporary  de- 
tention for  persons  arrested;  and  it  shall  also  provide  and  fur- 
nish such  business  accommodations,  apparatus  and  articles,  and 
provide  for  the  care  thereof,  as  shall  be  necessary  for  the  de- 
partment of  police  and  the  transaction  of  the  business  of  the 
department.  The  said  Board  of  Public  Safety  is  hereby  author- 
ized and  empowered  to  furnish  horses  and  wagons,  to  be  known 
as  partol-wagons,  to  be  assigned  to  police  headquarters,  which 
said  horses  and  wagons  shall  be  under  the  custody  and  care  of 
said  department  and  for  the  exclusive  use  thereof. 

§  2877a.  1.  Station  houses  for  female  prisoners  to  be  deteig- 
nated.  That  within  ninety  days  after  the  adjournment  of  the 
present  General  Assembly,  the  Mayor  of  each  city  of  the  first 
class  shall  designate  one  or  more  station  houses  within  the  said 
city  for  the  detention  of  all  female  prisoners  who  may  be  properly 
detained  in  a  station  house  while  awaiting  trial,  and  said  Mayor 
may  thereafter  change  the  station  house  or  station  houses  so 
designated;  Provided,  however,  That  at  least  one  station  house 
shall  always  remain  as  a  place  in  which  female  prisoners  shall 
be  detained,  until  they  shall  have  been  set  at  liberty,  or  removed 
by  order  of  a  competent  court. 

2.  Jail  designated.  Where  there  shall  be  a  county  jail  in  said 
city  of  the  first  class,  the  Mayor  of  said  city  shall  also  designate 


882 AN  ACT  FOR  THE  GOVERNMENT  OF 2877a 

it  as  a  place  in  which  female  prisoners  may  be  detained  await- 
ing trial,  or  after  trial,  until  removed  or  set  at  liberty  by  the 
order  of  a  competent  court. 

3.  Matrons  to  look  after   female    prisoners  to  be  appointed. 

Immediately  upon  such  designation  of  such  station  house  or 
station  houses  and  county  jail,  if  there  be  a  jail  in  such  city, 
the  Mayor,  the  Judge  of  the  Criminal  Court  and  the  Judge  of 
the  County  Court  shall  constitute  a  board  to  appoint  for  the 
county  jail  two  respectable  women  to  care  for  and  have  super- 
vision over  the  female  prisoners,  subject  to  the  orders  of  the 
Jailer  in  said  place  of  detention.  One  of  the  women  appointed 
by  the  board  shall  be  called  Police  Matron,  and  she  will  be  sta- 
tioned at  the  jail,  if  there  be  a  jail  in  the  county,  and  there 
shall  also  be  appointed  by  the  board,  composed  of  the  Mayor, 
Judge  of  the  Criminal  Court  and  Judge  of  the  County  Court, 
an  Assistant  Police  Matron  for  the  jail,  and  the  Mayor  may 
appoint  two  Assistant  Police  Matrons  for  each  of  the  station 
houses  which  may  have  been  designated  by  the  Mayor  for  the 
detention  of  female  prisoners. 

3a.  Jail  visiting-  board.  A  board  of  women  shall  exist  to  be 
constituted  as  follows,  viz :  Home  for  Friendless  Women,  Flower 
Mission,  Free  Kindergarten  Association,  Humane  Society,  Asso- 
ciated Charities,  The  Woman's  Club  of  Louisville,  Kentucky 
Children's  Home  Society,  District  Women's  Christian  Temper- 
ance Union  of  Louisville,  Kentucky,  and  Women's  Christian  As- 
sociation. If  all  of  said  associations  shall  not  appoint  a  repre- 
sentative on  said  committee,  then  the  Mayor  shall  make  the  ap- 
pointment herein  provided  for  upon  the  recommendation  of  those 
of  the  said  associations  who  do  appoint  a  representative  upon 
said  committee.  Said  board  shall  be  known  as  the  Jail  Visit- 
ing Board  and  shall  have  power  and  authority  by  itself,  or  by  its 
several  members  to  visit  and  inspect  the  portions  of  the  county 
jail  and  station  houses  set  apart  for  female  prisoners  once  a 
month,  and  it  shall  annually  and  as  often  as  it  may  determine 
submit  reports  to  the  Jailer  and  the  board  created  in  Section 
Three  hereof,  respecting  conditions  affecting  female  prisoners. 

4.  Matrons  to  be  appointed  for  the  jail  by  the  Mayor,  Judge 
of  the  Criminal  Court  and  Judge  of  the  County  Court  and  for  the 
city  by  the  Mayor.    No  woman  shall  be  appointed  either  Police 


2877a CITIES  of  the  first  class. 883 

Matron  or  Assistant  Police  Matron  for  the  jail  until  the  said 
board  composed  of  the  Mayor,  Judge  of  the  Criminal  Court  and 
Judge  of  the  County  Court,  is  notified  by  the  Jailer  that  there  is 
no  Matron  stationed  at  the  county  jail.  And  in  the  event  a 
vacancy  occurs  in  the  office  of  the  matron's  department  at  the 
county  jail,  the  Jailer  shall  notify  the  appointing  board  per- 
sonally and  individually,  either  in  writing  or  in  person,  that  such 
vacancy  exists,  and  it  shall  be  the  duty  of  such  board  to  appoint 
a  woman  of  good  moral  reputation  and  character.  Said  ap- 
pointees to  have  educational  ability  sufficient  to  make  out  all 
reports  necessary  and  discharge  her  duty  according  to  law  and 
rules  of  the  jail.  ^ 

5.  Tel-m  of  office  of  matron.  Neither  the  Police  Matron  nor 
the  Assistant  Police  Matrons  shall  be  appointed  for  any  definite 
term,  but  they  shall  hold  their  positions  until  removed,  which 
may  be  done  at  any  time  for  the  good  of  the  service.  A  report 
in  writing  must  be  submitted  by  the  Jailer  to  the  board  for  the 
county  jail  and  to  the  Mayor  by  the  Chief  of  Police  for  the  city 
based  on  inefficiency,  incompetency,  insubordination  or  other 
sufficient  cause.  Upon  the  death,  resignation  or  removal  of 
either  of  the  women  so  appointed  by  the  board  for  the  county 
jail  and  by  the  Mayor  for  the  city,  her  successor  shall  be  ap- 
pointed in  the  manner  aforesaid,  within  two  days  after  the 
board  has  been  notified  by  the  Jailer  and  within  two  days  after 
the  Mayor  has  been  notified  by  the  Chief  of  Police  for  the  city 
as  provided  in  Section  Four  of  this  act. 

6.  Hours  of  service  and  duties  of  matrons.  The  hours  of 
service  of  the  Police  Matron  and  the  Assistant  Matrons  at  the 
county  jail  shall  be  so  arranged  by  the  Jailer  for  the  county  jail 
and  the  Chief  of  Police  for  the  city,  that  at  least  one  of  them 
shall  at  all  hours  of  the  day  and  night  be  on  duty  at  each  of 
the  places  in  which  there  shall  be  one  or  more  female  prisoners 
detained.  The  Police  Matron  shall  have,  subject  to  the  control 
of  the  Jailer,  the  entire  care  of  women  and  children  under  ar- 
rest in  the  county  jail,  which  may  be  designated  for  female 
prisoners,  and  subject  to  the  control  of  the  Chief  of  Police  of 
women  and  children  under  arrest  at  station  houses,  and  she 
may  call  upon  a  police  officer  or  a  jailer,  or  his  deputy  for 
assistance. 


884 AN  ACT  FOR  THE  GOVERNMENT  OF 2877a 

7.  Rooms  to  be  provided  for  matrons  and  female  prisoners 
at  the  county  jail.  In  every  jail  in  which  a  police  matron  or 
assistant  police  matron  serves,  sufficient  and  proper  accommoda- 
tions shall  be  provided  therein  for  women  confined  under  arrest. 
There  shall  also  be  provided  at  said  jail  designated  for  female 
prisoners  a  comfortable  and  suitable  room  or  rooms  which  the 
Police  Matron  or  Assistant  Police  Matron,  as  the  case  may  be, 
may  occupy,  and  if  in  the  opinion  of  such  Matron,  the  accom- 
modations are  not  sufficient,  or  proper  at  the  county  jail,  she 
shall  notify  the  Jailer,  and  he  shall  provide  the  necessary  and 
proper  accommodations;  the  expense  necessary  therefor  to  be 
paid  by  the  proper  county  authorities  out  of  the,  county  treasury. 
The  Police  Matron  or  Assistant  Police  Marton  stationed  at  the 
county  jail  shall  be  subject  to  the  orders  of  the  Chief  of  Police 
for  special  duty  in  her  line  when  he  may  see  fit  to  call  her. 

8.  How  provided  for  by  the  city.  The  Police  Matron  and 
Assistant  Police  Matron  for  the  city  in  cities  of  the  first  class 
shall  be  under  the  cont^^)!  of  the  Chief  of  Police,  and  he  shall 
provide  proper  accommodations  for  said  Police  Matron  and  As- 
sistant Police  Matron,  if  any,  at  any  station  house  or  houses  that 
may  be  designated  for  the  care  and  keep  of  female  prisoners. 
And  for  the  appointment  of  Matron  or  Matrons  for  the  city, 
the  Mayor  shall  be  notified  by  the  Chief  of  Police  of  the  neces- 
sity for  making  such  appointment,  and  if  any  vacancy  should 
occur  at  any  time,  the  Chief  of  Police  shall  notify  the  Mayor 
that  such  vacancy  exists. 

9.  Matron  to  be  notified  when  f c^male  or  child  incarcerated. 
Whenever  in  any  city,  where  a  Police  Matron  should  be  ap- 
pointed under  this  act,  a  woman  or  child  is  taken  to  the  sta- 
tion house  or  jail  in  which  a  Police  Matron  or  an  Assistant  Police 
Matron  is  attached,  and  she  shall  not  be  present  at  the  time 
said  woman  or  child  is  received,  the  keeper  of  said  station  or 
jail  shall  immediately  notify  her  that  such  female,  or  child,  is 
detained  at  such  place. 

10.  Matron  to  have  charge  of  assistant  matrons.  The  Police 
Matron  shall,  subject  to  the  Jailer  at  the  county  jail,  and  Chief 
of  Police  at  station  houses,  have  charge  of  the  Assistant  Police 
Matrons,  and  shall  instruct  them  as  to  their  duties  and  shall  see 
that  they  give  proper  care  to  the  female  prisoners  under  their 
charge. 


2877b CITIES  OF  THE  FIRST  CLASS. 885 

11.  Matrons  to  attend  criminal  court — when.  The  Police 
Matron  or  one  of  the  Assistant  Police  Matrons  shall  attend  the 
circuit  courts  and  police  courts  in  said  city  whenever  a  female 
prisoner  is  brouight  before  said  courts,  and  she  shall  have  charge 
of  said  women,  subject  to  the  orders  of  the  court. 

12.  ''Police    station,"    "women,"    meaning    of    words.      The 

words  "police  station"  shall  be  construed  under  this  act  to  mean 
any  place  where  persons  are  temporarily  under  arrest;  the  word 
"women"  shall  include  any  person  of  the  female  sex. 

13.  Matron  to  be  present  when  female  searched — salary  of 
matron   and   assistants — expenses,    how    and    by    whom     paid. 

Whenever  it  becomes  necessary  to  search  a  female  prisoner,  it 
shall  be  done  by  or  in  the  presence  of  the  Police  Matron,  or  an 
Assistant  Police  Matron.  The  salary  of  the  Police  Matron  shall 
be  seventy-five  dollars  per  month,  and  that  of  the  Assistant  Police 
Matrons  fifty  dollars  per  month.  The  expenses  necessary  for 
providing  the  proper  accommodations  for  the  Police  Matron 
and  Assistant  Police  Matron  at  the  jail,  and  for  sufficient  and 
suitable  accommodations  for  the  female  prisoners  detained 
therein,  as  provided  for  in  this  act,  and  the  salary  of  the  Police 
Matron  and  the  Assistant. Police  Matron  at  the  county  jail,  shall 
be  borne  by  the  county  in  which  said  jail  is  located,  and  the 
expense  necessary  for  providing  a  suitable  room  or  rooms  at 
each  of  the  station  houses  designated  for  the  detention  of  female 
prisoners,  and  the  salary  of  each  of  the  Assistant  Matrons  at  said 
station  houses,  and  the  expense  of  providing  suitable  accom- 
modations for  said  female  prisoners,  shall  be  borne  by  the  city 
of  the  first  class  as  other  expenses  in  the  police  department  are 
provided. 

14.  Whereas,  This  act  is  intended  to  supersede  all  other 
acts  pertaining  to  Police  Matrons  and  by  the  enactment  of  this 
law,  all  laws  in  conflict  herewith  are  hereby  repealed :  There- 
fore, as  the  office  of  the  Police  Matron  in  cities  of  the  first  class 
does  no  longer  exist,  an  emergency  is  hereby  declared  to  exist 
and  this  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage.  (Act  of  March  5,  1912 — and  takes  place  of  Act  of 
1898.) 

§  2877b.  1.  Chaplain  for  jail — term — duties — appointment 
— salary.    Within  ten  days   after   this  act   becomes  a  law,  the 


886  AN  ACT  FOR  THE  GOVERNMENT  OF  2878 

County  Judge  for  each  county  in  which  there  shall  be  a  city  of 
the  first  class  shall  appoint  a  regularly  authorized  Minister  of 
the  Gospel  as  Chaplain  for  the  jail  in  said  city,  who  shall  hold 
his  office  for  a  term  of  four  years  and  until  his  successor  shall 
be  approved  and  qualified,  provided  he  be  not  removed  by  the 
county  for  cause,  whose  duty  it  shall  be  to  give  proper  religious 
instruction  and  comfort  to  the  prisoners  detained  in  such  jail, 
to  visit  those  who  are  sick  and  despondent,  and  to  use  his  best 
efforts  to  promote  the  religious  and  moral  welfare  of  the  prison- 
ers, as  well  as  the  harmony  and  general  interest  of  the  jail. 

2.  It  shall  be  the  duty  of  the  Chaplain  to  hold  himself  in  readi- 
ness at  all  proper  times,  subject  to  the  rules  of  the  Jailer,  to 
give  sipiritual  instruction  or  comfort  to  any  prisoner  in  the  jail 
who  may  wish  to  receive  the  same. 

Said  Chaplain  shall  hold,  unless  sick  or  temporarily  excused 
for  good  cause  from  the  performance  of  his  duties  by  the  Jailer, 
on  each  Sunday,  religious  services  in  the  jail  for  the  benefit  of 
those  who  may  be  detained  therein. 

3.  No  person  shall  be  appointed  chaplain  who  is  not  a  regu- 
larly authorized  Minister  of  the  Gospel  and  recommended  to 
the  County  Judge  for  the  position  of  Chaplain  by  the  Minis- 
terial Association  in  the  city  in  which  the  jail  is  located;  or  if 
there  be  no  such  association  in  said  city,  then  the  County  Judge 
may  appoint  a  Chaplain  upon  the  recommendation  of  at  least 
ten  regularly  authorized  Ministers  of  the  Gospel  dwelling  in  said 
city  of  the  first  class. 

4.  The  Chaplain  shall  perform  his  duties  subject  to  the  neces- 
sary and  proper  rules  established  by  the  Jailer  for  the  control 
of  the  prisoners  and  inmates  of  the  jail. 

5.  The  salary  of  the  Chaplain  shall  be  four  hundred  dollars 
($400)  a  year,  payable  in  equal  monthly  installments.  Said 
salary  shall  be  paid  by  the  county  in  which  the  jail  is  located,  on 
the  order  of  the  Fiscal  Court. 

6.  The  County  Judge  of  the  county  in  which  the  Chaplain 
is  appointed  may,  for  sufficient  cause,  remove  the  Chaplain; 
but  the  cause  for  said  removal  shall  be  stated  in  writing.  (Act 
of  March  16,  1906.) 

§  2878.  Mounted  patrols — teams  and  vehicles — board  may 
dispose  of  the  personal  property  of  the  department.  In  rural  and 
sparsely  inhabited  precincts  the  Board  of  Public  Safety  may 


2879 


CITIES  OF  THE  FIRST  CLASS. 


887 


establish  a  mounted  patrol,  and  procure  and  use  and  employ  so 
many  horses  and  equipments  as  shall  be  requisite  for  the  pur- 
pose; and  they  may  procure  and  cause  to  be  used  any  teams 
and  vehicles  required,  and  may  sell  and  dispose  of,  in  accordance 
with  law,  any  personal  property  owned  or  used  in  the  depart- 
ment whenever  it  shall  have  become  old  and  unfit  and  not  re- 
quired for  service. 

§  2879.  Police  to  advise  and  report  to  Board  of  Safety.  It 
shall  be  the  duty  of  the  members  of  the  police  force  to  promptly 
advise  the  Board  of  Public  Safety  of  all  threatened  danger  to 
human  life  or  health,  and  of  all  matters  thought  to  demand  its 
attention,  and  to  regularly  report  to  said  Board  of  Public  Safety 
all  violations  of  its  rules  and  ordinances  and  of  the  health  laws, 
and  all  useful  sanitary  information  under  such  rules  as  the 
Board  of  Public  Safety  may  provide. 

§  2880.  Police  force — board  to  appoint — increase  of — com- 
pensation— detective.  The  police  force  shall  consist  of  one 
chief  of  police,  with  the  rank  of  colonel;  one  assistant  chief  of 
police,  with  the  rank  of  major;  seven  captains  of  police,  four- 
teen lieutenants  of  police,  twenty-two  sergeants  of  police,  one 
secretary  of  police,  and  patrolmen  not  exceeding  one  for  each 
seven  hundred  inhabitants.  The  Board  of  Public  Safety  shall 
appoint  all  the  members  of  the  police  force,  and  shall  have  power 
and  is  authorized  to  increase  the  police  force  by  adding  to  the 
number  of  patrolmen,  from  time  to  time,  provided  the  General 
Council  shall  have  previously  made  an  appropriation  for  that 
express  purpose.  The  Board  of  General  Council  may  include 
in  the  annual  tax  levy  an  amount  suffitcient  to  provide  for  the 
compensation  of  additional  patrolmen  authorized  to  be  appointed 
pursuant  to  the  provisions  of  this  section.  The  Board  of  Public 
Safety  shall  maintain  and  continue  a  detective  force  and  shall 


I 


§  2880.  Policemen — council  may  de- 
termine number  of  and  reduce  num- 
ber of.  Board  of  Public  Safety  can 
not.  Neumeyer  v.  Krakel,  110  Ky. 
624;  62  S.  W.  518;  and  note  sec. 
2874. 

The  council  may  reduce  the  num- 
ber of  policemen  by  ordinance  and 
a  politeman  removed  to  adjust  the 
size  of  the  police  force  to  that  re- 
quired by  the  ordinance  can  not  re- 
cover   of   the    city   the    salary    which 


he  would  have  received  had  he  not 
been  so  removed.  Wagner  v.  City 
of   Louisville,    117   S.   W.   283. 

Where  a  police  officer  was  wrong- 
fully discharged,  and  his  place  was 
filled  by  the  officers  remaining,  some 
one  of  whom  drew  the  salary  which 
the  officer  would  have  received  had 
he  remained  on  the  force,  the  officer 
could  not  recover  from  the  city  sal- 
ary during  the  time  he  was  dis- 
charged. Id. 


888 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2881 


select  and  appoint  to  perform  detective  duty,  one  of  whom  shall 
be  chief  of  detectives,  as  many  patrolmen  as  said  Board  of  Pub- 
lic Safety  may,  from  time  to  time,  determine  to  be  necessary  to 
make  this  branch  of  the  police  force  efficient.  The  patrolmen  so 
selected  and  appointed  shall  be  called  detective  sergeants,  and 
shall,  while  performing  such  detective  duty,  be  vested  with  the 
same  authority  and  be  entitled  to  receive  and  be  paid  such  salary 
as  policemen  as  the  General  Council  may,  from  time  to  time, 
provide. 

But  the  Board  of  Public  Safety  may,  by  resolution,  reduce 
to  the  grade  of  patrolmen,  and  transfer  such  detectives,  or  any 
number  of  them,  to  perform  patrol  or  other  police  duty,  and, 
when  so  transferred,  they  shall  only  receive  and  be  paid  the 
same  rate  of  compensation  each  as  patrolmen  of  police.  (Sec- 
tio7i  as  amended  March  21,  1906. 

§  2881.  Promotions  by  the  board — order  of — Chief  of  Police. 
Promotions  of  officers  and  members  of  the  police  force  shall  be 
made  by  the  board  only  on  the  grounds  of  meritorious  police 
service  and  superior  capacity,  and  shall  be  as  follows :  Sergeants 
of  police  shall  be  selected  from  among  patrolmen;  lieutenants 
of  police  from  among  sergeants;  captains  of  police  from  among 
lieutenants,  and  major  of  police  from  among  captains.  But  the 
chief  of  police  may  be  appointed  by  said  board  as  it  may  deem 
best. 

§  2882.  Reprimanding,  suspending,  dismissing,  deducting  or 
withholding  pay  of  member  of  force-^ — actions — limitation.  The 
Board  of  Public  Safety  shall  have  power,  in  its  discretion,  on 
conviction  by  said  board  or  by  any  court  or  officer  of  competent 


§   2882.    (1)   Removal  of  policemen 

— without  notice  or  before  charges 
preferred  is  unauthorized — recovery 
of  salary  after  removal.  Gorley  v. 
City,  104  Ky.  372;  47  S.  W.  263;  and 
see  Gorley  v.  City,  23  E.  1782;  65 
S.  W.  844. 

(2)  Unconstitutional.  So  much  of 
this  section  as  fixes  a  six  months' 
statute  of  limitation  is  held  to  be  un- 
constitutional in  Gorley  v.  City  of 
Louisville,  104  Ky.  372;' 47  S.  W.  263. 

(3)  Appointive  city  officers  can  not 

by  statute  be  given  a  term  longer 
than  four  years;  and  therefore  it 
would  seem  that  Ky.   St.,  Sees.   2874, 


2882,  providing,  in  effect,  that  police- 
men shall  not  be  removed  by  the 
board  of  safety  during  good  be- 
havior, are  void  to  the  extent  that 
they  attempt  to  give  a  term  of  more 
than  four  years.  Neumeyer  v.  Kra- 
kel,  110  Ky.  624;  62  S.  W.  518. 

(4)  Policemen  have  no  term  of- 
fice. City  of  Louisville  v.  Eoss,  138 
Ky.  764;   129  S.  W.  101. 

(5)  A  discharged  police  oflacer 
must  establish  his  title  against  the 
person  succeeding  him  before  he  can 
recover  salary.  Dolan  v.  City  of 
Louisville,  142  Ky.  819;  135  S.'  W. 
272;  Kammerer  v.  Citv  of  Louis- 
ville,  142   Ky.   850;    135   S.   W.  411. 


2883 CITIES  OF  THE  FIRST  CLASS. 889 

jurisdiction,  of  a  member  of  the  force  of  any  legal  or  criminal 
offense,  or  neglect  of  duty,  violation  of  rules,  or  neglect  or  dis- 
obedience of  orders,  or  absence  without  leave,  or  any  conduct 
injurious  to  the  public  peace  or  welfare,  or  immoral  conduct  or 
conduct  unbecoming  an  officer,  or  other  breach  of  discipline,  to 
punish  the  offending  party  by  reprimand,  forfeiting  and  with- 
holding pay  for  a  specified  time,  suspension  without  pay  during 
such  suspension,  or  by  dismissal  from  the  force,  but  no  more 
than  thirty  days'  pay  or  salary  shall  be  forfeited  or  deducted 
for  any  offense.  The  board  is  also  authorized  and  empowered, 
in  their  discretion,  to  conduct  and  withhold  pay,  salary  or  com- 
pensation from  any  member  or  members  of  the  police  force, 
for,  or  on  account  of  absence  for  any  cause,  without  leave,  lost 
or  sick  time,  sickness  or  other  disability,  physical  or  mental; 
and  said  board  is  authorized  from  time  to  time  to  make  and 
prescribe  rules  and  regulations  to  carry  into  effect  and  enforce 
the  provisions  of  this  section.  No  action,  suit  or  proceeding, 
either  at  law  or  in  equity  shall  be  commenced  or  maintained 
against  the  city,  Board  of  Public  Safety,  or  any  member  thereof, 
or  against  the  Mayor,  or  member  or  members  of  the  General 
Council,  by  any  member  or  officer,  or  former  member  or  officer, 
of  or  belonging  to  the  police  force  or  department  of  said  city, 
to  recover  or  compel  the  payment  of  any  salary,  pay,  money  or 
compensation,  for,  or  on  account  of  any  service  or  duty,  or  to 
recover  any  salary,  compensation  or  moneys,  or  any  part  thereof, 
forfeited,  deducted  or  withheld  for  any  cause,  or  to  restore  or 
reinstate  to  the  police  force  or  department,  any  member  or  officer 
thereof,  unless  such  action,  suit  or  proceeding  shall  be  com- 
menced within  six  months  after  the  cause  of  action  shall  have 
accrued. 

§  2883.  Forfeiture  of  salary — absence  without  leave — dis- 
missal— leave  of  absence.  No  member  of  the  police  force,  under 
penalty  of  forfeiting  the  salary  or  pay  which  may  be  due  him, 
shall  withdraw  or  resign,  except  by  permission  of  the  Board  of 
Public  Safety.  Absence  without  leave  of  any  member  of  the 
police  force  for  five  consecutive  days  shall  be  deemed  and  held 
to  be  a  resignation,  and  the  member  so  absent  shall,  at  the  ex- 
piration of  said  period,  cease  to  be  a  member  of  the  police  force, 
and  be  dismissed  therefrom  without  notice.    No  leave  of  absence, 


890 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2884 


exceeding  twenty  days  in  one  year,  shall  be  granted  or  allowed 
any  member  of  the  police  force. 

§  2884.  Salary  of  officers  and  members  of  police  force — pay- 
able monthly.  The  Board  of  Public  Safety  shall  designate  the 
salary  and  compensation  for  each  member  and  officer  of  said 
police  force,  and  may  fix  the  salaries  and  compensation  of  such 
clerks  and  employes,  other  than  policemen,  whom  they  shall  be 
authorized  by  law  to  emploj',  subject,  however,  to  the  gross 
amount  of  the  appropriation  made  by  the  General  Council  for 
the  support  of  said  department.  The  compensation  of  the  mem- 
bers of  the  police  force  shall  be  payable  monthly  by  payrolls  as 
provided  by  ordinances. 

§  2885.  Duties  of  the  police  force.  It  is  hereby  made  the  duty 
of  the  police  force,  at  all  times  of  day  and  night,  and  the  mem- 
bers of  such  force  are  hereby  thereunto  empowered,  to  especially 
preserve  the  public  peace;  prevent  crime;  detect  and  arrest  of- 
fenders; suppress  riots,  mobs  and  insurrections;  disperse  un- 
lawful or  dangerous  assemblages,  and  assemblages  which  ob- 
struct the  free  passage  of  public  streets,  sidewalks,  parks  and 
places;  protect  the  rights  of  persons  and  property;  guard  the 
public  health ;  preserve  order  at  elections  and  all  public  meetings 
and  assemblages;  prevent  and  regulate  the  movements  of  teams 
and  vehicles  in  streets,  and  remove  all  nuisances  in  the  public 
streets,  parks  and  highways;  arrest  all  street  mendicants  and 
beggars;  provide  proper  police  attendance  at  fires;  assist,  advise 
and  protect  immigrants,  strangers  and  travelers  in  public  streets, 
at  steamboat  landings  and  at  railroad  stations ;  carefully  observe 


§  2884.  Salary  designated  by  Board 
of  Safety.  Neumever,  Auditor,  v.  Kra- 
kel,  110  Ky.  624;  62  S.  W.  518.  A 
policeman  improperly  dismissed  can- 
not recover  his  salary  unless  he 
shows  that  the  office  remained  va- 
cant during  the  time  for  which  he 
sues.  Dolan  v.  City  of  Louisville,  142 
Ky.  818;  135  S.  W.  272.  See  also 
Kammerer  v.  Citv  of  liouisville,  142 
Ky.   848;    1.35  8.   W.  41 1\. 

§  2885.  liPolicemen's  powers  in 
making  arrests.  Policemen  under 
tlie  provisions  of  the  charter  may, 
with  or  without  a  warrant,  arrest  a 
person  guilty  of  offenses  against  the 
laws  or  ordinances  of  the  city.  Jam- 
ison V.  Gaernett,  10  Bush,  221.  Police- 


men making  arrests  for  felonies  act 
as  officers  of  the  State,  and  not  as 
officers  of  the  city.  Pollock  v.  Louis- 
ville, 13  Bush,  221.  See  also  as  to  the 
right  to  make  arrests  within  a  poll- 
ing place  without  a  warrant  upon 
reasonable  grounds  to  Taelieve  that 
disorderly  conduct  was  taking  place 
therein.  Weaver  v.  McGovern,  122 
Ky.  1;  90  S.  W.  984.  This  section 
was  not  intended  to  and  does  not 
give  further  power  to  police  officers, 
Or  vary  from  the  general  law,  even 
if  this  could  constitutionally  be  done. 
Madden  v.  Meehann,  151  Ky.  220;  151 
S.  W.  681;  City  v.  Lenehan,  149  Ky. 
537;  149  S.  W.*^  932;  see  also  Ross  v. 
Kohler,  163  Ky.  583;  174  S.  W.  36. 


2886 CITIES  OF  THE  FIRST  CLASS. 891 

and  inspect  all  places  of  public  amusement,  all  places  of  busi- 
ness having  excise  or  other  licenses  to  carry  on  any  business ;  all 
houses  of  ill-fame  or  prostitution,  and  houses  where  common 
prostitutes  resort  or  reside;  all  lottery  offices,  policy  shops  and 
places  where  lottery  tickets  or  lottery  policies  are  sold  or  offered 
for  sale ;  all  gambling  houses,  cock-pits,  rat-pits,  and  public  com- 
mon dance  houses,  and  to  repress  and  restrain  all  unlawful  or 
disorderly  conduct  or  practices  therein ;  enforce  and  prevent  the 
violation  of  all  laws  and  ordinances  in  force  in  said  city;  and 
for  these  purposes,  with  or  without  warrant,  to  arrest  all  per- 
sons guilty  of  violating  any  law  or  ordinance  for  the  suppression 
or  punishment  of  crimes  or  offenses. 

§  2886.  Supervision  over  pawnbrokers  and  other  licensed  and 
unlicensed  business.  The  Chief  of  Police  and  each  captain  of 
police  within  his  district  shall  possess  powers  of  general  police 
supervision  and  inspection  over  all  licensed  or  unlicensed  pawn- 
brokers, venders,  junk-shop  keepers,  junk  boatmen,  cartmen, 
dealers  in  secondhand  merchandise,  intelligence  office  keepers 
and  auctioneers  within  the  city;  and  in  the  exercise  of  and  in 
furtherance  of  said  supervision  may,  from  time  to  time,  empower 
the  members  of  the  police  force  to  fulfill  such  special  duties  in 
the  aforesaid  premises  as  may  be,  from  time  to  time,  ordained 
by  the  Board  of  Public  Safety.  The  said  chief  and  each  captain 
within  his  district  may,  by  authority  in  writing,  empower  any 
member  of  the  police  force,  whenever  such  member  shall  be  in 
search  of  property  feloniously  obtained,  or  in  search  of  suspected 
offenders,  or  evidence  to  convict  any  person  charged  with  crime, 
to  examine  the  books  of.  any  pawnbroker,  or  his  business  prem- 
ises, or  the  business  premises  of  any  licensed  vender,  or  licensed 
junk-shop  keeper  or  dealer  in  second-hand  merchandise,  or  intel- 
ligence office  keeper,  or  auctioneer,  or  boat  of  any  junk  boatman. 
Any  such  member  of  the  police  force,  when  thereto  authorized  in 
writing,  by  the  said  chief  or  captain,  shall  be  authorized  to  ex- 
amine property  alleged  to  be  pawned,  pledged,  deposited,  lost  or 
stolen,  in  whosoever  possession  said  property  may  be;  but  no 
such  property  shall  be  taken  from  the  possession  thereof,  without 
due  process  or  authority  of  law.  Any  willful  interference  with 
the  said  chief  or  captain  of  police,  or  with  any  member  of  the 
police  force  by  any  of  the  persons  hereinbefore  named  in  this 


892 AN  ACT  FOR  THE  GOVERNMENT  OF 2887 

section,  whilst  in  official  discharge  of  duty,  shall  be  punished  as 
a  misdemeanor. 

§  2887.     Examination  of  pawnbroker's  books  or  tickets.    The 

chief  of  police  and  persons  acting-  by  his  orders  shall  have  power 
to  examine  the  books  of  any  pawnbroker,  his  clerk  or  clerks,  if 
they  deem  it  necessary,  when  in  search  of  stolen  property;  and 
any  person  having  in  his  possession  a  pawnbroker's  ticket  shall, 
when  accompanied  by  a  policeman,  or  by  an  order  from  the 
chief  of  police  or  captain  of  police,  examine  the  property  pur- 
porting to  be  pawned  by  said  ticket;  but  no  property  shall  be 
removed  from  the  possession  of  any  pawnbroker  without  the 
process  of  law  required  by  the  existing  laws  of  this  State,  or 
the  laws  and  ordinances  of  the  city  regulating  pawnbrokers.  A 
refusal  or  neglect  to  comply  in  any  respect  with  the  provisions 
of  this  section  on  the  part  of  any  pawnbroker,  his  clerk  or  clerks, 
shall  be  deemed  a  misdemeanor  and  punishable  as  such. 

§  2888.  Property  clerk — stolen,  lost  or  abandoned  property — 
public  pound.  The  Board  of  Public  Safety  may  employ  some  per- 
son as  clerk,  who  shall  be  designated  property  clerk,  to  take 
charge  of  all  property  alleged  to  be  stolen  or  embezzled,  and 
which  may  be  brought  into  the  police  office,  and  all  property 
taken  from  the  person  of  a  prisoner,  and  all  property  or  money 
alleged  or  supposed  to  have  been  feloniously  obtained,  or  which 
shall  be  lost  or  abandoned,  and  which  shall  be  taken  into  the 
custody  of  any  member  of  the  police  force  or  criminal  court,  or 
which  shall  come  into  the  custody  of  any  police  officer,  shall  be 
by  such  member,  or  by  order  of  said  court,  given  into  the  cus- 
tody of  and  kept  by  the  property  clerk  of  the  police  department. 
All  such  property  and  money  shall  be  particularly  described  and 
registered  by  said  property  clerk  in  a  book  kept  for  that  pur- 
pose, which  shall  contain  the  name  of  the  owner,  if  ascertained, 
the  place  where  found,  the  name  of  the  person  from  whom  taken, 
with  the  general  circumstances,  the  date  of  its  receipt,  the  name 
of  the  officer  recovering  the  same,  a  description  thereof,  the 
names  of  all  claimants  thereto,  and  any  final  disposition  of  such 
property  or  money.  The  Board  of  Public  Safety  may  prescribe 
regulations  in  regard  to  the  duties  of  the  clerk  so  designated, 
and  require  and  take  security  for  the  faithful  performance  of 
the  duties  imposed  by  this  section ;  but  all  animals  strayed,  lost 
or  stolen,  which  shall  come  into  the  possession  of  said  property 


2889 CITIES  OF  THE  FIRST  CLASS. 893 

clerk,  shall  by  him  be  transferred  and  sent  to  the  public  pound 
in  said  city,  anything  herein  contained  to  the  contrary  notwith- 
standing. 

§  2889.  Property  taken  on  suspicion  transmitted  to  property 
clerk — advertisement.  All  property  or  money  taken  on  suspi- 
cion of  having  been  feloniously  obtained,  or  of  being  the  pro- 
ceeds of  crime,  and  for  which  there  is  no  other  claimant  than 
the  person  from  whom  such  property  was  taken,  and  all  lost 
property  coming  into  the  possession  of  any  member  of  the  said 
police  force,  and  all  property  and  money  taken  from  pawn- 
brokers as  the  proceeds  of  crime,  or  by  any  such  member  from 
persons  supposed  to  be  insane,  intoxicated,  or  otherwise  in- 
capable of  taking  care  of  themselves,  shall  be  transmitted  as 
soon  as  practicable  to  the  property  clerk,  to  be  registered  and 
advertised  for  the  benefit  of  all  persons  interested,  and  for  the 
information  of  the  public,  as  to  the  amount  and  disposition  of 
the  property  so  taken  into  custody  by  the  police. 

§  2890.  Unclaimed  property — disposition  of.  If  property 
stolen  or  embezzled  be  not  claimed  by  the  owner  before  the  ex- 
piration of  six  months  from  the  conviction  of  a  person  for 
stealing  or  embezzling  it,  the  officer  having  it  in  his  custody  must 
on  payment  of  the  necessary  expenses  incurred  in  its  preserva- 
tion, deliver  the  same  to  the  property  clerk.  The  property  so 
delivered  to  said  property  clerk,  and  all  such  other  property, 
securities,  moneys,  things,  or  choses  in  action,  that  shall  remain 
in  the  custody  of  the  property  clerk  for  a  period  of  six  months, 
without  any  lawful  claimant  thereto,  after  having  been  adver- 
tised for  the  period  of  ten  days,  may  be  sold  at  public  auction, 
in  a  suitable  room  to  be  designated  for  such  purpose,  and  the 
proceeds  of  such  sale  shall  be  paid  into  the  city  treasury  to  the 
credit  of  the  police  department.  No  property  shall  be  delivered 
to  the  property  clerk  except  as  provided  in  this  act. 

§  2891.  Property  or  money  used  as  evidence — proceedings. 
If  any  property  or  money  placed  in  the  custody  of  the  property 
clerk  shall  be  desired  as  evidence  in  any  police  or  other  crimi- 
nal court,  such  property  shall  be  delivered  to  any  officer  who 
shall  present  an  order  to  that  effect  from  such  court.  Such 
property,  however,  shall  not  be  retained  in  said  court,  but  shall 
be  returned  to  such  property  clerk  to  be  disposed  of  according 
to  the  previous  provisions  of  this  chapter. 


894 AN  ACT  FOR  THE  GOVERNMENT  OF 2892 

§  2892,  Private  policemen  —  appointment  —  qualification  — 
bond — duties.  The  Board  of  Public  Safety  shall,  on  application 
of  any  person  or  persons,  appoint  any  number  of  private  police- 
men to  do  duty  at  any  place  within  the  city,  at  the  charge  and 
expense  of  the  person  or  persons  by  whom  such  application  is 
made;  and  said  private  policeman  shall  have  the  same  qualifi- 
cations as  to  citizenship  as  members  of  the  regular  police  force, 
and  said  private  policemen,  so  appointed,  shall  take  an  oath 
of  office  and  shall  furnish  bond  in  the  same  manner  as  patrol- 
men, and  shall  wear  such  dress  and  insignia  of  office  as  the 
Board  of  Public  Safety  may  direct.  Said  private  policemen  shall 
hold  their  appointment  during  good  behavior.  While  holding 
such  appointment  they  shall  be  restricted  in  the  performance  of 
their  duties  to  the  particular  place  and  locality  to  which  they 
may  be  appointed. 

§  2893.  Qualifications  of  members  of  police  force.  Each 
member  and  officer  of  the  police  force  hereafter  appointed  shall 
be  an  elector  and  shall  have  been  a  resident  for  three  years  in 
the  city  in  which  he  is  appointed.  No  person  shall  be  appointed 
a  member  or  officer  of  the  police  force  unless  he  is  well  known 
to  be  a  man  of  sobriety  and  integrity,  and  has  been  and  is  an 
orderly  and  law-abiding  citizen.  No  man  shall  be  appointed  a 
member  or  officer  of  the  police  force  who  has  been  convicted  of 
any  felony,  or  who  has  been  engaged  in  any  unlawful  calling,  or 
has  pursued  any  calling  in  a  manner  forbidden  by  law ;  nor  shall 
any  person  be  appointed  a  member  or  officer  of  said  force  on 
account  of  any  political  partisan  service  rendered  by  him;  nor 
shall  any  officer  or  member  of  said  force  be  removed  or  dis- 
charged or  reduced  in  grade  or  pay  for  any  political  reasons. 
Their  appointment  and  continuance  upon  the  police  force  shall 
depend  absolutely  upon  their  ability  and  their  willingness  to  en- 
force the  law. 

§  2894.  Oath  and  bond  of  members  of  force.  Each  officer 
and  member  of  the  police  force,  private  policeman,  special 
policeman  and  substitute  policeman,  before  entering  upon  the 
discharge  of  his  duties,  shall  take  an  oath  before  the  Mayor, 
who  is  hereby  empowered  to  administer  the  same,  to  well  and 
faithfully  discharge  the  duties  of  his  office,  which  oath  shall  be 
subscribed  by  the  person  taking  it  and  shall  be  filed  for  preser- 
vation in  the  office  of  the  Board  of  Public  Safety.     All  bonds 


2895 CITIES  OF  THE  FIRST  CLASS. 895 

for  the  police  force  shall  be  signed  by  at  least  two  freeholders 
as  sureties,  who  shall  prove  to  the  satisfaction  of  the  Board 
of  Public  Safety  that  they  own  real  estate  within  the  county  in 
which  such  city  is  located. 

§  2895.  Examination  and  inspection  of  force — proof  of  inef- 
ficiency. It  shall  be  the  duty  of  the  Board  of  Public  Safety,  at 
least  once  in  each  year,  to  require  the  examination  and  inspec- 
tion of  the  entire  police  force,  and  for  this  purpose  the  Board 
of  Public  Safety  may  appoint  such  of  its  members  as  examiners 
as  it  may  select.  The  Board  of  Public  Safety  may  order  any 
officer  or  member  of  the  force,  at  any  time,  to  be  inspected  and 
examined.  Gross  ignorance  of  the  laws  and  regulations  govern- 
ing and  directing  the  police  force,  and  of  ordinances  of  cities  of 
the  first  class,  after  six  months'  service  as  officer  or  member,  or 
at  any  time  thereafter,  shall  be  deemed  conclusive  proof  of  in- 
efficiency, and  said  board  may  remove  such  officer  or  member  of 
the  force. 

§  2896.  Exemption  from  military  or  jury  duty  or  civil  process 
— political  organization.  No  member  of  the  police  force  shall  be 
liable  to  military  or  jury  duty,  or  to  arrest  on  civil  process,  nor 
to  be  served  with  subpoenas  from  civil  courts  while  actually  on 
duty,  nor  shall  any  member  of  said  force  belong  to  any  political 
organization. 

Fire  Department  and  Pension  Fund. 

{The  firsi  section  of  this  act,  which  is  omitted,  repealed  an 
act  of  March  16,  1900,  and  said  act  is  omitted.  This  act,  sec- 
tions 2-15  heloiv,  was  approved  February  19,  1902.) 

§  2896a.  2.  Amendment.  That  an  act  entitled  "An  act  for 
the  government  of  cities  of  the  first  class,"  approved  July  1, 
1893,  be  amended  by  adding  thereto  the  following : 

3.     Fire  department  under  control  of  Board  of  Public  Safety. 

That  the  government,  administration,  disposition  and  discipline 
of  the  fire  department,  and  the  officers,  members  and  employes 
thereof,  shall  be  such  as  the  Board  of  Public  Safety  may,  and  is 

§  2896a.     The     act     of     March     16  not  be  assigned  before  it  is  due  as  he 

1900,     was     held    unconstitutional     in  is   a  public   officer.      Schmitt   v.   Dool- 

McDonald  v.  City,  113  Ky.  425;  68  S.  ing,  145  Ky.  240;   140  S.  W.  197. 
W.  413.     The  salary  of  a  fireman  can 


896 AN  ACT  FOR  THE  GOVERNMENT  OF 2896a 

hereby  authorized  from  time  to  time  by  rules,  orders,  and  regu- 
lations not  in  conflict  with  this  act,  to  prescribe. 

4.  Government  of  department — punishment  of  members — 
evidence.  The  Board  of  Public  Safety  is  authorized  and  em- 
powered to  make,  adopt  and  enforce  rules,  orders  and  regula- 
tions, not  in  conflict  with  this  act,  for  the  government,  dis- 
cipline, administration  and  disposition  of  the  fire  department, 
and  the  officers,  members  and  employes  thereof.  The  board 
shall  have  power,  and  is  authorized,  to  adopt  rules  and  regu- 
lations for  the  examination,  hearing,  investigation  and  determin- 
ing of  charges  made  or  preferred  against  members  of  the  fire 
department  or  employes  thereof;  but  no  ofl^cer,  member,  or  em- 
ploye thereof  (except  as  provided  in  this  act)  shall  be  fined, 
reprimanded,  removed,  suspended,  or  dismissed  from  the  fire 
department  until  written  charges  have  been  made  or  preferred 
against  him  or  them,  nor  until  such  charges  have  been  examined, 
heard  and  investigated  before  said  board,  upon  such  reasonable 
notice  to  the  member  or  members  charged,  and  in  such  manner 
of  procedure,  practice,  examination,  and  investigation  as  the 
said  Board  of  Public  Safety  may,  by  rules  and  regulations,  from 
time  to  time  prescribe:  Provided,  hoivever,  That  any  officer, 
member,  or  employe  of  the  fire  department  who  is  now  or  may 
hereafter  become  insane  or  of  unsound  mind,  so  as  to  be  unable 
or  unfit  to  perform  full  fire  service  or  duty,  may  be  removed  or 
dismissed  from  the  fire  department  by  resolution  of  the  Board 
of  Public  Safety. 

A  copy  of  the  rules  and  regulations,  or  any  or  either  of  them, 
of  the  fire  department  or  Board  of  Public  Safety,  may,  when 
certified  by  the  chairman  or  president  of  said  board,  and  the 
chief  clerk  of  said  fire  department  or  Board  of  Public  Safety,  be 
given  in  evidence  upon  any  trial,  investigation,  hearing,  or  pro- 
ceeding  of  any  court  or  before  any  tribunal,  comniissioner  or 
commissioners,  board  or  competent  body,  with  the  same  force 
and  effect  as  the  original. 

5.  Board  may  summon  witnesses — trials— judgment.  The 
Board  of  Public  Safety  shall  have  power  to  issue  subpoenas,  at- 
tested in  the  name  of  the  chairman  or  president,  to.  compel  the 
attendance  of  witnesses  upon  any  proceeding  authorized  by 
law  or  its  rules  and  regulations.  The  Board  of  Public  Safety  is 
hereby  authorized  and  empowered  to  investigate,  take  evidence, 


2896a CITIES  of  the  first  class. 897 

and  hear  any  charge  or  charges  made  or  preferred  against  any 
member  or  members  of  the  fire  department,  but  no  judgment 
or  other  determination  shall  be  rendered  or  pronounced,  dis- 
missing, removing,  or  suspending  any  officer,  member,  or  em- 
ploye of  said  fire  department,  or  imposing  any  fine  or  forfeiture, 
unless  a  majority  of  the  Board  of  Public  Safety  shall  concur. 

6.  Board  to  provide  for  equipment  for  department.  The 
Board  of  Public  Safety  may,  from  time  to  time,  establish,  pro- 
vide, and  furnish  engine  houses,  and  shall  also  provide  and 
furnish  such  accommodations,  apparatus,  and  articles,  and  pro- 
vide for  the  care  thereof  as  shall  be  necessary  for  the  fire  depart- 
ment and  the  transaction  of  the  business  of  said  department. 
The  Board  of  Public  Safety  is  hereby  authorized  and  empowered 
to  furnish  all  kinds  of  apparatus,  wagons,  horses,  and  other 
necessary  equipments,  from  such  houses,  which  apparatus, 
wagons,  horses,  and  other  necessary  equipments  shall  be  under 
the  control  and  care  of  said  fire  department,  and  for  the  exclusive 
use  thereof. 

7.  Officers  and  men  and  their  salaries.  The  fire  department 
shall  consist  of  one  chief,  whose  salary  shall  not  be  less  than 
three  thousand  five  hundred  dollars  per  year;  one  secretary 
for  the  fire  department,  whose  salary  shall  not  be  less  than 
one  thousand  and  eight  hundred  dollars  per  year;  assistant 
chiefs  of  firemen,  not  exceeding  in  number  one  to  each  six 
companies  in  active  service,  and  the  salary  of  each  assistant 
chief  shall  not  be  less  than  one  thousand  eight  hundred  dollars 
per  year;  one  captain  for  each  fire  company,  whose  salary  shall 
not  be  less  than  ninety-five  dollars  per  month ;  one  chief  operator 
for  the  fire  alarm  telegraph,  whose  salary  shall  not  be  less  than 
one  thousand  and  five  hundred  dollars  per  year;  one  master 
mechanic  or  superintendent  of  machinery,  whose  salary  shall  not 
be  less  than  one  hundred  dollars  per  month ;  one  driver  for  each 
apparatus  in  service,  whose  salary  shall  not  be  less  than  two 
dollars  and  twenty-five  cents  per  day ;  one  stoker  for  each  steam 
fire  engine  in  service,  whose  salary  shall  not  be  less  than  two 
dollars  and  twenty-five  cents  per  day;  one  engineer  for  each 
steam  fire  engine  in  service,  whose  salary  shall  not  be  less  than 
ninety  dollars  per  month;  not  less  than  two  pipemen  for  each 
steam  fire  engine  company,  the  salary  of  each  not  to  be  less 
than  two  dollars  and  fifty  cents  per  day;  seven  laddermen  for 


898  AN  ACT  FOR  THE  GOVERNMENT  OF  2896a 

each  hook  and  ladder  company,  the  salary  of  each  to  be  not  less 
than  two  dollars  and  fifty  cents  per  day ;  not  less  than  two  tower 
men  for  each  water  tower  company,  whose  salary  shall  not  be 
less  than  two  dollars  and  fifty  cents  per  day ;  not  less  than  two 
pipemen  for  each  combination  chemical  and  hose  company,  the 
salary  of  each  not  to  be  less  than  two  dollars  and  fifty  cents  per 
day ;  not  less  than  two  hydrant  men,  each  of  whom  shall  receive 
a  salary  of  not  less  than  two  dollars  and  fifty  cents  per  day ;  not 
less  than  four  fire  alarm  operators,  the  salary  of  each  to  be  not 
less  than  two  dollars  and  fifty  cents  per  day ;  one  aid  to  the  chief, 
whose  salary  shall  be  not  less  than  two  dollars  and  fifty  cents 
per  day;  one  foreman  of  repair  shop,  whose  salary  shall  not 
be  less  than  ninety  dollars  per  month;  not  less  than  one  em- 
ploye, who  shall  be  a  mechanic,  of  the  repair  shop,  whose  salary 
shall  not  be  less  than  two  dollars  and  fifty  cents  per  day;  not 
less  than  one  fire  department  painter,  whose  salary  shall  be  not 
less  than  two  dollars  and  fifty  cents  per  day;  not  less  than  two 
pipemen  for  each  chemical  engine  company,  the  salary  of  each 
not  to  be  less  than  two  dollars  and  fifty  cents  per  day ;  not  less 
than  four  linemen  for  fire  alarm  telegraph,  each  to  receive  a 
salary  of  not  less  than  two  dollars  and  fifty  cents  per  day;  not 
less  than  one  battery-man,  whose  salary  shall  not  be  less  than 
two  dollars  and  fifty  cents  per  day.  There  shall  not  be  less  than 
one  harness  maker,  whose  salary  shall  be  not  less  than  two 
dollars  and  fifty  cents  per  day.  There  shall  be  not  less  than  one 
substitute  fireman  for  each  company. 

8.  Firemen  may  be  increased.  The  Board  of  Public  Safety 
may,  upon  the  recommendation  of  the  chief  of  firemen,  increase 
the  number  of  firemen  to  such  number  as  may,  in  his  or  their 
wisdom,  be  necessary  to  the  efficiency  of  said  department. 

9.  Board  to  appoint  all  members — qualifications.  The  Board 
of  Public  Safety  shall  appoint  all  officers,  members  and  employes 
of  the  fire  department.  No  person  shall  be  eligible  to  serve  as 
chief  of  firemen,  or  assistant  chief  of  firemen,  who  has  not  been 
a  member  of  said  department  continuously  for  five  years  previous 
to  his  appointment  or  election. 

No  person  shall  be  a  captain  of  any  fire  company  who  has 
not  been  a  member  of  said  department  for  three  years,  one  year 
of  which  shall  have  been  continuous,  previous  to  his  appoint- 
ment.   All  promotions  in  the  fire  department  shall  be  for  merit, 


2896a CITIES  OF  the  first  class. 899 

such  promotions  to  be  made  only  upon  recommendation  of  the 
chief  of  firemen. 

10.  Punishment  of  members  guilty  of  offenses.  The  Board 
of  Public  Safety  shall  have  power,  in  its  discretion,  on  conviction 
by  said  board,  or  by  any  court  or  officer  of  competent  jurisdic- 
tion, of  any  officer,  member  or  employe  of  the  fire  department, 
of  any  legal  or  criminal  offense,  or  neglect  of  duty,  violating  of 
rules,  or  neglect  or  disobedience  of  orders,  or  absence  without 
leave,  or  conduct  unbecoming  an  officer,  member  or  employe,  or 
other  breach  of  discipline,  to  punish  the  offending  party  by 
reprimand,  forfeiting  and  withholding  pay  for  a  specified  time, 
suspension  without  pay  during  such  suspension,  or  by  dismissal 
from  the  force ;  but  not  more  than  thirty  days'  pay  or  salary  may 
be  forfeited  or  deducted  for  any  offense. 

11.  Deduction  from  salary — rules  of  board.  The  board  is  also 
authorized  and  empowered,  in  their  discretion,  to  deduct  and 
withhold  pay,  salary,  or  compensation  from  any  officer,  member 
or  employe  of  the  fire  department  for  or  on  account  of  absence 
for  any  cause  without  leave,  sickness,  or  other  disability,  physical 
or  mental.  Said  board  is  authorized  from  time  to  time  to  make 
and  prescribe  rules  and  regulations  to  carry  into  effect  and  en- 
force the  provisions  of  this  section. 

12.  Absence  of  member — penalty — leave  of  absence.  Absence 
without  leave,  or  without  total  disability  of  any  officer,  mem- 
ber, or  employe  of  the  fire  department  for  five  consecutive  days 
shall  be  deemed  and  held  to  be  a  resignation,  and  the  member 
so  absent  shall,  at  the  expiration  of  said  period,  cease  to  be  an 
officer,  member  or  employe  of  the  fire  department,  and  be  dis- 
missed therefrom  without  notice.  No  leave  of  absence  shall  be 
granted  or  allowed  any  officer,  member,  or  employe  of  the  fire 
department  without  the  recommendation  or  approval  of  the 
chief  of  said  department. 

13.  Compensation  of  other  employes — payment  of    salaries. 

The  Board  of  Public  Safety  shall  designate  the  salary  and  com- 
pensation of  any  other,  persons  than  those  mentioned  in  this 
act  whom  they  shall  be  authorized  by  law  to  employ,  subject, 
however,  to  the  gross  amount  of  the  appropriation  made  by  the 
General  Council  for  the  support  of  said  department.  Compen- 
sation of  the  officers,  members  and  employes  of  the  fire  depart- 


900  AN  ACT  FOR  THE  GOVERNMENT  OF  2896a 

ment  shall  be  payable  monthly  by  payroll,  as  provided  by  ordi- 
nance. 

14.  Privileges  of  members.  No  officer,  member,  or  employe 
of  the  fire  department  shall  be  liable  to  military  or  jury  duty, 
or  to  arrest  on  civil  process,  nor  to  be  served  with  subpoenas 
from  civil  courts  while  on  duty  at  a  fire. 

15.  Penalty  for  interfering  with  when  on  duty.  The  officers, 
members  and  employes  of  the  fire  department,  with  their  ap- 
paratus of  all  kinds  when  on  duty,  shall  have  the  right  of  way 
at  any  fire  and  in  any  highway,  street  or  avenue,  over  any  and 
all  vehicles  of  any  kind,  except  those  carrying  United  States 
mails,  and  any  person  in  or  upon  or  owning  any  vehicles,  who 
shall  refuse  the  right  of  way,  or  in  any  way  willfully  obstruct 
any  fire  apparatus,  or  any  of  its  said  officers,  members  or  em- 
ployes while  in  the  performance  of  their  duties,  shall  be  guilty 
of  a  misdemeanor,  and  liable  to  punishment  for  the  same. 

FIREMEN'S  PENSION  FUND. 

(Act  of  1912-428.) 
Repealing  clause.    That  sections  16,  17,  18,  19,  20,  21,  22,  23, 

24,  25,  26,  27,  28,  29,  30,  31,  32,  33,  of  an  Act  entitled  "An  Act 
to  amend  an  act  entitled  'An  Act  for  government  of  cities  of 
the  first  class,'  approved  July  1,  1893,  for  the  better  govern- 
ment, administration  and  disposition  and  discipline  of  the  fire 
department,  and  to  create  and  perpetuate  a  pension  fund  for 
disabled  firemen,  their  widows  and  children  and  dependent 
fathers  and  mothers,  and  to  create  and  perpetuate  a  board  of 
trustees  for  the  management  and  conduct  thereof,  and  to  pen- 
sion members  thereof  after  a  service  of  a  term  of  years,"  ap- 
proved February  19,  1902,  be  and  each  and  all  of  said  sections  is, 
and  are,  hereby  repealed. 

16.  Board  of  trustees  of  firemen's  pension  fund — organiza- 
tion of.  There  shall  be  organized  in  connection  with  the  fire 
department  in  all  cities  of  the  first  class  a  board  to  be  known  as 
the  Board  of  Trustees  of  the  Firemen's  Pension  Fund,  which 
shall  be  composed  of  the  Mayor,  chairman  of  the  Board  of 
Safety,  City  Treasurer,  chief  fireman  and  Comptroller,  and  said 
board  shall  select  from  their  number  a  president  and  a  secretary. 
The  City  Treasurer  shall  be  ex-ofRcio  treasurer  of  said  board 
and  the  funds  coming  into  its  hands. 


2896a  CITIES  OF  THE  FIRST  CLASS.  901 

17.  Tax  may  be  levied — pension  fund.  There  may  be  levied 
and  set  apart  by  the  General  Council  of  cities  of  the  first  class 
a  tax  for  the  year  1913,  not  exceeding  one  cent  on  each  one  hun- 
dred dollars  of  value  of  the  taxable  property  in  said  city  for 
said  year  as  a  fund  for  the  pensioning  of  crippled  and  disabled 
members  of  the  fire  department,  and  of  the  widows  and  de- 
pendent children  under  the  age  of  fourteen  years,  and  dependent 
fathers  and  mothers  of  deceased  members  of  the  fire  depart- 
ment of  said  cities,  and  a  like  tax  may  be  levied  and  set  apart 
for  the  same  purpose,  for  any  succeeding  year  when  the  amount 
and  value  of  property  to  the  credit  of  the  firemen's  pension  fund 
falls  below  three  hundred  thousand  dollars  as  of  the  date  of  the 
first  of  September  preceding;  that  is,  if  during  any  year  suc- 
ceeding nineteen  hundred  and  twelve,  there  shall  be  to  the  credit 
of  the  firemen's  pension  fund  on  September  first,  property  and 
funds  of  less  than  three  hundred  thousand  dollars,  then  the  Gen- 
eral Council  of  cities  of  the  first  class  may  levy  and  set  apart 
for  the  year  succeeding  a  tax  of  one  cent  on  each  hundred  dollars 
of  value  of  the  taxable  property  in  said  cities  where  said  con- 
dition occurs  for  said  year  as  a  fund  for  the  purpose  herein  de- 
fined. And  all  moneys  withheld  from  the  officers,  members  or 
employes  of  the  fire  department  as  punishment  for  any  breach 
of  discipline,  misconduct  or  violation  of  the  rules  and  regula- 
tions for  said  department  shall  be  paid  into  said  fund  each  month 
and  credited  upon  the  payroll  of  the  department,  payable  to  said 
fund  for  that  purpose;  and  all  fines  imposed  by  the  Board  of 
Public  Safety  upon  officers,  members  and  employes  of  the  fire 
department,  by  way  of  discipline,  and  collectible  from  pay  or 
salary,  and  all  rewards,  fees,  proceeds  of  gifts  and  emoluments 
that  may  be  paid  or  given  on  account  of  extraordinary  service 
of  any  officer,  member  or  employe  of  the  fire  department  (except 
when  specially  allowed  by  the  Board  of  Public  Safety  to  be  re- 
tained by  such  members),  shall  be  paid  into  the  treasury  to  the 
credit  of  the  firemen's  pension  fund.  The  payment  so  made,  to- 
gether with  the  tax  levy  aforesaid,  shall  constitute  and  be  kept 
as  a  fund  to  be  called  the  firemen's  pension  fund,  and  the  said 
board  heretofore  designated  is  hereby  declared  to  be  the  trustee 
of  said  fund,  and  they  shall  have  power,  and  it  shall  be  their 
duty,  from  time  to  time,  to  invest  the  same,  in  whole  or  in  part, 
as  they  shall  deem  advantageous  for  the  objects  of  said  fund,  and 


902 AN  ACT  FOR  THE  GOVERNMENT  OF 2896a 

they  are  empowered  to  make  all  the  necessary  contracts  and  to 
take  all  the  necessary  remedies  in  the  premises. 

18.  Powers  of  board.  Said  board  shall  have  exclusive  control 
and  management  of  said  fund,  and  all  moneys  donated,  paid, 
or  assessed  for  the  relief  or  pensioning  of  disabled  members  of 
the  fire  department,  their  widows  and  dependent  children  under 
the  age  of  fourteen  years,  or  dependent  fathers  or  mothers,  and 
may  assess  each  member  and  substitute  of  the  fire  department 
fifty  cents  per  month  while  he  is  a  member  or  substitute  of  the 
department,  to  be  deducted  and  withheld  from  the  pay  of  each 
member  or  substitute  so  assessed,  the  same  to  be  placed  by  the 
Treasurer  of  each  city  to  the  credit  of  such  fund,  subject  to  the 
order  of  such  board. 

19.  Powers  of  board.  The  said  board  shall  make  all  needful 
rules  and  regulations  for  its  government  in  the  discharge  of  its 
duties,  and  shall  hear  and  decide  all  applications  for  relief  or 
pensions  under  this  act,  and  its  decision  on  such  applications 
shall  be  final  and  conclusive,  and  not  subjected  to  revisions  or 
reversal,  except  by  said  board,  and  a  record  shall  be  kept  of  all 
the  meetings  and  proceedings  of  said  board. 

20.  Powers  of  board.  The  said  board  of  trustees  shall  have 
the  power  to  draw  such  pension  fund  from  the  treasury  and  may 
invest  the  same,  or  any  part  thereof,  in  the  name  of  the  board  of 
trustees  of  the  firemen's  pension  fund,  in  interest-bearing  bonds 
of  the  United  States  or  the  State  of  Kentucky,  or  any  city  of 
the  first  class  in  the  State  of  Kentucky,  and  all  such  securities 
shall  be  deposited  with  the  Treasurer  of  said  city  as  ex-officio 
treasurer  of  said  board,  and  shall  be  subject  to  the  order  of  said 
board. 

21.  Fund — principal  and  interest.  Both  the  principal  and 
interest  of  said  pension  fund  shall  be  applicable  to  the  payment 
of  pensions  under  this  act, 

22.  Disability  of  members  of  fire  department — monthly 
allowances.  If  any  officer,  member  or  employe  of  the  fire  depart- 
ment, while  in  the  performance  of  his  duty,  becomes  temporarily 

Sub-see.  22.   The   courts  can  not  re-  Fund  v.  McCrory,  132  Ky.  89;   116  S. 

view  the  action  of  the  .board  of  Trus-  W.    326.      Only    pensions    in    ease    of 

.    ,,       _.  ,     T.       ■        in      J  death  or  disability  in  the  service  can 

tees   of   the   Firemen's   Pension   Fund  ^^    ^j,^^^^    ^^^^^^^^    ^^.^    ^^^_      g^,^^.^ 

in  refusing  to  grant  a  pension.  Board       ^,   Board,  etc.,  146  Ky.  335;  142  S.  W. 
of    Trustees     of    Firemen 's     Pension       688. 


2896a CITIES  OF  the  first  class. 903 

totally  disabled,  physically  or  mentally,  for  service,  by  reason  of 
service  in  sucH  department,  the  board  of  trustees  shall  order 
the  payment  to  such  disabled  officer,  member  or  employe  month- 
ly, during  such  disability,  not  to  exceed  one  year,  from  such 
pension  fund,  a  sum  equal  to  the  monthly  compensation  allowed 
such  officer,  member  or  employe  as  salary  at  the  date  of  his  dis- 
ability, provided  such  officer,  member  or  employe,  during  the 
same  period,  is  paid  no  salary  as  such  officer,  member  or  em- 
ploye. If  any  member  or  employe  of  the  fire  department,  while 
in  the  performance  of  his  duty,  becomes  mentally  or  physically 
permanently  disabled  by  reason  of  service  in  such  department, 
so  as  to  render  necessary  his  retirement  from  service  in  said  de- 
partment, said  board  of  trustees  shall  retire  such  disabled  mem- 
ber from  service  in  such  fire  department.  Provided,  no  such 
retirement  on  account  of  disability  shall  occur  unless  said  mem- 
ber has  contracted  said  disability  through  his  service  in  the  fire 
department;  and  upon  such  retirement  the  board  of  trustees 
shall  order  the  payment  to  such  disabled  member  of  such  fire 
department,  monthly,  from  such  pension  fund,  a  sum  of  thirty 
dollars  per  month.  If  any  member  of  said  fire  department  shall, 
while  in  the  performance  of  his  duty,  be  killed,  or  die  as  the  re- 
sult of  an  injury  received  in  the  line  of  his  duty,  or  of  any  dis- 
ease contracted  by  reason  of  his  occupation,  or  shall  from  any 
cause  whatever  as  the  result  of  his  service,  or  after  having  served 
in  the  department  fox  fifteen  consecutive  years  shall  die  while 
in  the  service  or  on  the  retired  list  from  any  cause,  and  shalli 
leave  a  widow,  or  child  or  children  under  the  age  of  fourteen 
years,  or,  if  unmarried  and  childless,  shall  leave  a  dependent 
father  or  mother  surviving,  said  board  of  trustees  shall  direct 
the  payment  from  said  pension  fund,  monthly,  to  such  widow, 
while  unmarried,  of  thirty  dollars,  and  for  each  child  until  it 
reaches  the  age  of  fourteen  years,  six  dollars,  and  to  the  de- 
pendent father  and  mother,  if  said  deceased  member  was  un- 
married, and  childless,  thirty  dollars,  the  pension  to  the  father 
and  mother  to  be  paid  as  follows :  If  the  father  be  dead,  the 
mother  shall  receive  the  entire  thirty  dollars,  and  if  the  mother 
be  dead,  the  father  shall  receive  the  entire  thirty  dollars,  and 
if  both  be  living  each  shall  receive  fifteen  dollars. 

23.     Percentage    payments — when    made.'    If,    at    any    time, 
there  shall  not  be  sufficient  money  in  such  pension  fund  to  pay 


904  AN  ACT  FOR  THE  GOVERNMENT  OF  2896a 

each  person  entitled  to  tPie  benefit  thereof,  the  amount  per  month 
as  herein  provided,  then  an  equal  percentage  of  such  monthly 
payments  shall  be  made  to  each  beneficiary  until  the  said  fund 
shall  be  replenished  to  warrant  the  payment  in  full  to  each  of 
said  beneficiaries. 

24.  Funeral  expenses.  Whenever  an  active  or  retired  fire- 
man shall  die  as  aforesaid,  the  board  of  trustees  may  appropri- 
ate from  the  fund  a  sum  not  exceeding  one  hundred  dollars  to 
the  widow  or  family  for  funeral  expenses,  and  may  expend  a 
sum  not  exceeding  fifty  dollars  for  the  expenses  of  the  attendance 
of  the  firemen  at  said  funeral. 

25.  Who  may  receive  pension.  No  person  shall  be  entitled  to 
receive  any  pension  from  the  said  fund  except  a  regularly  re- 
tired member  or  a  regular  member  in  said  fire  department,  his 
widow  and  children,  under  the  age  of  fourteen  years,  and  his 
dependent  father  or  mother. 

26.  Treasurer  of  board — duties  of.  The  treasurer  of  the 
board  of  trustees  shall  be  the  custodian  of  said  pension  fund, 
and  shall  secure  and  safely  keep  the  same  subject  to  the  control 
and  direction  of  the  board,  and  shall  keep  his  books  and  accounts 
concerning  said  fund  in  such  manner  as  may  be  prescribed  by 
the  board  and  the  said  books  and  accounts  shall  always  be  sub- 
ject to  the  inspection  of  the  board  or  any  member  thereof.  The 
treasurer  shall,  within  ten  days  after  his  election  or  appoint- 
ment, execute  a  bond  to  the  city,  with  good  and  sufficient  se- 
curity, in  such  penal  sum  as  the  board  shall  direct,  to  be  ap- 
proved by  the  board,  conditioned  for  the  faithful  performance 
of  the  duties  of  his  office,  and  that  he  will  safely  keep  and  well 
and  truthfully  account  for  all  moneys  and  properties  which  may 
come  into  his  hands  as  such  treasurer,  and  that,  upon  the  ex- 
piration of  his  term  of  office,  he  will  surrender  and  deliver  to  his 
successor  all  bonds,  securities,  and  all  unexpended  moneys  or 
other  properties  which  may  have  come  into  his  hands  as  treas- 
urer of  said  fund.  Said  bonds  shall  be  filed  in  the  office  of  the 
Comptroller  as  other  bonds,  and  may  be  sued  on  in  the  name  of 

Sub-see.    24.      So   much   of   this    act  335;   142   S.  W.   68S.     See   also   Tyson 

as    authorized    a    pension    to    a    fire-  v.    Board    of   Trustees,    139    Ky.    256; 

man    after    twenty    years-'    service    is  129  S.  W.  820. 
void.     Schmid  v.  Board,  etc.,  146  Ky. 


2896a CITIES  OF  the  first  class. 905 

said  city,  for  the  use  of  said  board  or  in  the  name  of  said  board, 
or  any  person  or  persons  injured  by  a  breach  thereof. 

27.  Warrants.  It  shall  be  the  duty  of  such  officer  or  officers 
of  the  city  as  are  designated  by  the  law  to  draw  warrants  on  the 
treasurer  of  said  city,  on  request  in  writing  by  said  board  of 
trustees,  to  draw  warrants  on  the  treasurer  of  said  city  payable 
to  the  treasurer  of  said  board  of  trustees  for  all  funds  belonging 
to  said  pension  fund  as  aforesaid. 

28.  Moneys — how  paid.  All  moneys  ordered  to  be  paid  from 
said  pension  fund  to  any  person  or  persons  shall  be  paid  by  the 
treasurer  of  the  board  of  trustees  only  upon  warrant  signed  by 
the  president  of  said  board  and  countersigned  by  the  secretary 
thereof,  and  no  warrant  shall  be  drawn  except  by  the  order  of 
the  board  after  having  been  duly  entered  on  the  records  of  the 
proceedings  of  the  board. 

29.  Report  of  board.  The  board  of  trustees  shall  make  a 
report  to  the  General  Council  of  said. city  of  the  condition  of  said 
pension  fund  in  the  month  of  September  of  each  year. 

30.  Pension  fund  exempt  from  process.  No  portion  of  said 
pension  fund  shall,  before  or  after  its  order  for  distribution  by 
the  board  of  trustees  to  the  persons  entitled  thereto,  be  held, 
seized,  taken,  subjected  to  or  detained  or  levied  upon  by  virtue 
of  any  attachment,  execution,  injunction,  writ,  interlocutory  or 
other  order  or  decree  or  any  process  or  proceeding  whatever 
issued  out  of  or  by  any  court  of  this  State,  for  the  payment  or 
satisfaction,  in  whole  or  in  part,  of  any  debt,  damage,  claim, 
demand,  or  judgment  against  the  beneficiary  of  said  fund;  but 
said  fund  shall  be  held  and  distributed  for  the  purposes  of  this 
act,  and  for  no  other  purpose  whatever. 

31.  City  Attorney — duty  of.  It  shall  be  the  duty  of  the  attor- 
ney for  cities  of  the  first  class  to  give  advice  to  the  board  of 
trustees  of  the  firemen's  pension  fund  in  all  matters  pertaining 
to  their  duties  and  management  of  said  fund  and  whenever 
thereunto  requested,  and  he  shall  represent  and  defend  said 
board  as  its  attorney  in  all  suits  or  actions  at  law  or  in  equity 
that  may  be  brought  against  it,  and  bring  all  suits  and  actions  in 
its  behalf  that  may  be  required  or  determined  upon  by  said 
board. 

32.  Transfer  of  pensioners  and  beneficiaries.  Said  board 
shall  organize  as  soon  as  practical  after  the  passage  of  this  act 


906  AN  ACT  FOR  THE  GOVERNMENT  OF  2897 

and  take  charge  of  all  records,  property  and  funds  on  hand  or 
in  process  of  collection  as  soon  as  realized,  that  belong,  or  per- 
tain to  the  firemen's  pension  fund,  as  now  constituted.  All  pen- 
sions that  are  now  in  force  under  the  law  heretofore  existing  are 
declared  to  be  hereby  ended  and  abolished;  Provided,  That  all 
pensioners  and  beneficiaries  under  the  laws  hereby  abolished,; 
shall  be  continued  as  such  by  the  board  when  organized  under 
this  act,  if  under  the  terms  of  this  act  they  would  be  entitled  to 
apply  for  and  receive  pensions,  or  benefits,  and  said  transferred 
pensioners  and  beneficiaries  shall  be  subject  to  all  the  rates  and 
provisions  of  this  act  in  the  same  manner  as  if  their  claims  had 
been  originally  allowed  under  same. 

33.  Saving  clause.  If  any  section  of  this  act  shall  be  held 
invalid,  such  fact  shall  not  affect  any  other  section,  it  being  the 
intention  of  the  General  Assembly,  in  enacting  this  act,  to  enact 
each  section  separately.  And  if  any  provision  or  exception  con- 
tained in  any  section  shall  be  held  invalid,  such  fact  shall  not 
affect  the  remaining  portion  of  said  section,  it  being  the  inten- 
tion of  the  General  Assembly  to  enact  each  section  of  this  act  and 
each  proviso  and  exception  thereof  separately. 

(Act  of  March  18,  1912.) 

(Sections  16-33  inclusive  are  inserted  in  place  of  the  same 
sections  in  act  of  1902.) 

SUBDIVISION  XII. 
Comptroller. 

§  2897.     Appointed    by    the    Mayor — term  of    office — duties. 

There  shall  be  appointed  by  the  Mayor,  with  the  approval  of 
the  Board  of  Aldermen,  in  the  month  of  December  succeeding 
Ms  election,  for  four  years,  a  Comptroller,  who  shall  exercise 
a,  general  supervision  over  the  fiscal  affairs  of  the  city,  the  col- 
lection and  disbursement  of  all  revenues  and  moneys  of  the 
city.  He  shall  see  that  proper  rules  and  regulations  are  pre- 
scribed and  observed  in  relation  to  all  accounts,  settlements  and 
reports  connected  with  the  fiscal  concerns  of  the  city;  that  no 
liability  is  incurred  or  expenditure  made  from  the  treasury 
without  due  authority  of  law;  and  that  appropriations  are  not 
overdrawn. 

§  2898.     Annual   report — records — duties   and    powers — bond. 


2899 CITIES  OF  THE  FIRST  CLASS. 907 

He  shall  make  annual  reports  to  the  Mayor  and  General  Coun- 
cil of  the  financial  condition  and  requirements  of  the  city,  with 
careful  statements  and  estimates  of  the  receipts  and  expendi- 
tures. The  records  in  his  office  shall  show  the  financial  opera- 
tions, conditions,  assets,  and  claims  of  the  city,  the  expenditures 
authorized  for  public  works,  and  all  contracts,  with  the  names 
of  contractors,  in  which  the  city  is  interested  and  the  bonded 
and  other  indebtedness  of  the  city.  He  shall  countersign  all 
warrants  drawn  on  the  city  treasury,  and  shall  duly  record  the 
amount  and  nature  of  the  same.  He  shall  have  access  to  the 
books  and  other  records  of  any  department  of  the  city  govern- 
ment whenever  he  so  desires,  and  he  shall  see  that  the  accounts 
of  the  city  are  kept  in  plain,  methodical  manner.  He  shall  give 
bond  to  the  city  in  the  sum  of  not  less  than  twenty  thousand 
($20,000)  dollars,  approved  by  the  Mayor  and  General  Council. 
His  bond  shall  be  deposited  with  the  Mayor.  The  Comptroller 
shall  have  a  seat  in  each  branch  of  the  General  Council,  with  the 
right  to  debate  on  any  question  pertaining  to  his  department, 
but  shall  have  no  vote.  He  shall  perform  any  other  duties  that 
may  be  prescribed  by  law. 

§  2899.  Custodian  of  city  seal  and  records — other  duties  and 
powei-s.  He  shall  have  the  custody  of  the  city  seal,  the  public 
records,  the  original  rolls  of  ordinances  of  the  General  Council, 
all  original  contracts  not  herein  required  to  be  filed  elsewhere, 
and  such  deeds  and  certificates  as  relate  to  the  title  of  any  prop- 
erty of  the  city;  all  official,  penal,  indemnity,  or  security  bonds, 
and  such  other  records,  papers  and  documents  of  value  as  are 
not  required  to  be  deposited  with  any  other  officer,  all  of  which 
shall  be  registered  by  numbers,  dates,  and  contents.  He  shall 
attest  and  certify  all  copies  of  such  original  documents,  records, 
and  papers  in  his  office  as  may  be  required  by  any  officer  or 
person,  and  charge  therefor  to  individuals,  for  the  benefit  of  the 
city,  such  fees  as  may  be  provided  by  ordinance.  He  shall  pro- 
vide copies  of  all  contracts  in  his  office  for  any  public  officer  who 
has  a  right  to  such  copies. 


§   2899.    Custodian    of   records.    Evi-  Comptroller  is  the  custodian   of  guar- 

dence    of    assistant    engineer    concern-  ^nty  bonds  given  under  contracts  for 

iua  records  of  which  he  is  not  eusto-  *^^    performance    of    street    improve- 

-,.",,,.  ,      ,    .      ^..,  ^  nient    work.      >(ati-onal    Suretv   Co.    v. 

djan  held  incompetent  m  City  v.  Cas-  oitv  of  Louisville,  165  Kv.  38:  176  S. 

sidy,  105  Ky.  424;  49  S.  W.  194.     The  W.   364. 


908 AN  ACT  FOR  THE  GOVERNMENT  OF 2900 

§  2900.  Ordinances  to  be  printed  and  filed — appointment  of 
clerks.  The  Comptroller  shall  cause  to  be  printed  and  filed  and 
preserved  in  his  office  all  ordinances  passed  by  the  General  Coun- 
cil. He  shall  have  power  to  appoint  such  clerks  as  may  be  allow- 
ed him  by  ordinance. 

SUBDIVISION  XIII. 

Auditor. 

§  2901.  Election  by  voters  of  city — duties  and  powers — bond 
— salary.  There  shall  be  elected  by  the  qualified  voters  of  the 
city,  at  the  time  and  places  provided  for  the  election  of  Mayor, 
an  Auditor,  who  shall  be  the  general  accountant  of  the  city,  and 
as  such  it  shall  be  his  duty  to  receive  and  preserve  in  his  office 
all  accounts,  vouchers,  documents,  and  papers  relating  to  the 
accounts  or  contracts  of  the  city,  its  debts,  revenues  and  other 
fiscal  affairs,  and  to  adopt  a  proper  mode  .and  manner  of  book- 
keeping. He  shall  state  and  render  all  accounts  filed  or  kept  in 
his  office  between  the  city  and  any  other  person  or  body  cor- 
porate, except  when  otherwise  provided  by  law.  He  shall  ex- 
amine, adjust  and  audit  all  unsettled  accounts,  claims  and  de- 
mands against  the  city,  for  the  payment  of  which  any  money 
may  be  drawn  from  the  city  treasury;  and,  after  having  ex- 
amined the  same,  with  all  accompanying  vouchers  and  docu- 
ments, shall  certify  thereon  the  balance  or  true  state  of  such 
claim  or  demand,  and  draw  his  warrant  on  the  treasury  in  pay- 
ment thereof.  But  no  such  claim  or  demand,  or  any  part  thereof, 
shall  be  audited  against  the  city  unless  it  is  authorized  by  law 
or  ordinance,  and  is  in  proper  and  fully  itemized  form,  and  un- 
less the  amount  required  for  the  payment  of  the  same  shall  have 
been  appropriated  for  that  purpose  by  the  General  Council.  He 
shall  have  power  to  administer  oaths,  and  may  require  a  settle- 
ment of  accounts,  to  be  verified  by  affidavit,  and  shall  keep  the 
accounts  of  the  city,  general  and  special,  in  a  systematic,  orderly 
manner.  He  shall  give  bond  to  the  city  in  the  sum  of  twenty 
thousand  dollars,  to  be  approved  by  the  Mayor  and  General 
Council.  His  salary  shall  not  be  less  than  two  thousand  five 
hundred  dollars  per  annum. 


2902  CITIES  OF  THE  FIRST  CLASS.  909 

SUBDIVISION  XIV. 

,  Treasurer. 

§  2902.     Election  by  voters  of  city — duties  and  powers — bond. 

There  shall  be  elected  by  the  qualified  voters  of  the  city,  at  the 
time  and  places  provided  for  the  election  of  the  Mayor,  a  Treas- 
urer, whose  duty  it  shall  be  to  receive  and  keep  all  money  of 
the  city,  and  pay  out  the  same  on  the  warrants  drawn  by  the 
Auditor  and  countersigned  by  the  Comptroller,  except  as  herein 
provided.  All  moneys  belonging  to  the  city  received  by  an  offi- 
cer or  agent  thereof,  either  from  collections,  loans,  sale  of  bonds, 
fees,  fines  and  penalties  or  otherwise,  shall  be  deposited  in  the 
city  treasury  regularly  once  a  day,  unless  otherwise  provided  by 
law  or  ordinance;  and  in  case  the  provisions  of  this  section  are 
not  fully  complied  with,  it  shall  be  the  Treasurer's  duty  to  report 
any  delinquencies  to  the  Mayor.  He  shall  give  triplicate  receipts 
in  all  cases — one  for  the  party  paying,  one  for  the  Auditor,  and 
one  for  the  Comptroller — which  shall  set  out  the  amount  paid, 
from  what  it  proceeds,  and  to  what  account  credited.  His  books 
shall  at  all  times  be  open  to  the  inspection  of  the  Mayor,  the 
Comptroller,  or  any  member  of  the  General  Council,  and  he  shall 
report  the  balance  in  the  treasury  each  day  to  the  Comptroller. 
He  shall  give  bond  for  the  faithful  performance  of  his  duties,  to 
be  approved  by  the  Mayor  and  General  Council. 

§  2903.     Bank — selection  annually  for  current  deposits.     The 

Mayor,  Comptroller  and  Treasurer  shall  annually  select  a  bank 
or  banks,  or  banking  institution,  which  will  give  the  highest  rate 
of  interest  for  the  current  deposit  of  the  city's  funds,  and  which 
shall  give  and  maintain  a  bond,  to  be  approved  by  the  unanimous 
vote  of  the  Mayor,  Comptroller  and  Treasurer,  said  bond  to  be 
conditioned  for  the  safekeeping  and  prompt  payment  of  said 
funds,  or  any  part  thereof,  when  demanded  by  the  Treasurer. 


§   2902.    The    City   Treasurer   is    au-  Co.  v.  City  of  Louisville,  165  Ky.  38; 

tliorized  only  to  receive  and  keep  all  „   ^' „„  '  ^       V,               .   ,    x^      , 

•  §   2903.   See   Commercial   Bank    and 

moneys   of  the  city  and  is  not   given  Trust   Co.   v.    Citizens   Trust   &   Guar- 

the    custody    of    valuable    papers    or  anty  Co.,  153  Ky.  566;  156  S.  W.  160, 

■  J                .e    J  T,i.    u  1        •         J.      ii  holdino-  the  act  of  the  bank  in  pledsr- 

evidences    of    debt    belonging    to    the  .        -x     t      -j           a     i.                  xu      j 

°  ^  ing  its  liquid  assets  to  secure  the  de- 
city  which  already  are  entrusted  to  posits  of  a  county  treasurer  was  ultra 
the     Comptroller.       National     Surety  vires  and  void. 


910  AN  ACT  FOR  THE  GOVERNMENT  OF  2904 

SUBDIVISION  XV. 
Tax  Receiver. 

§  2904.  Election  by  voters — duties  and  powers — deputies' 
qualifications — settlements — vacancy.  There  shall  be  elected  by 
the  qualified  voters  of  the  city,  at  the  time  and  places  provided 
for  the  election  of  Mayor,  a  Tax  Receiver,  who  shall  collect  all 
city  taxes  except  such  as  are  to  be  collected  by  the  Sinking  Fund, 
and  he  shall  pay  the  same  over  to  the  Treasurer  once  each  day. 

He  shall,  each  day,  deliver  to  the  assessor  and  the  Comptroller 
a  statement  showing  what  persons  have  the  previous  day  paid 
their  taxes,  what  amounts  have  been  paid,  and  the  number  of  the 
tax  bills.  He  shall  give  bond  for  the  faithful  performance  of 
his  duties,  to  be  approved  by  the  Mayor  and  General  Council. 
He  shall  keep  the  books  and  accounts  of  his  office  in  such  manner 
as  may  be  prescribed  by  ordinance,  or  in  the  absence  of  any  such 
requirements,  the  Comptroller  shall  prescribe  the  manner  of 
keeping  such  books  and  accounts,  and  said  tax  receiver  shall 
perform  any  other  duties  required  by  law.  He  shall  have  the 
power  to  appoint,  with  the  approval  of  the  Board  of  Aldermen, 
such  deputies  as  may  be  allowed  him  by  ordinance.  The  Tax 
Receiver  and  his  deputies  shall  be  paid  by  an  annual  salary,  to  be 
fixed  by  the  General  Council.  For  the  acts  of  his  deputies  he 
and  his  sureties  shall  be  responsible  on  his  official  bond.  No 
Tax  Receiver  shall  be  eligible  to  any  office  unless  he  has  account- 
ed with  the  city  for  all  collections  and  obtained  a  quietus.  He 
shall  settle  his  accounts  with  the  Mayor,  Comptroller,  Auditor 
and  Treasurer  on  or  before  the  last  day  of  October  in  each  year 
for  the  taxes  for  which  bills  have  been  placed  in  his  hands  for 
collection  for  the  year;  and  if,  through  his  fault,  a  quietus  there- 
for is  not  held  by  said  receiver  on  said  day  the  General  Council 
shall,  by  resolution,  declare  vacant  the  office  of  such  receiver, 
and  the  vacancy  shall  be  filled  by  the  General  Council  in  joint 
session,  by  viva  voce  vote,  for  the  unexpired  term.  In  his  settle- 
ments he  shall  be  charged  with  such  uncollected  bills  as  he  could 
have  collected  by  the  distraint  of  the  goods  or  garnishment  of 
the  rents  of  the  delinquents;  and  he  shall  be  subrogated  to  the 
rights  of  the  city  on  such  uncollected  bills. 

§  2905.  Penalty  for  conversion  of  funds.  The  Tax  Receiver 
shall  not  use  or  in  any  way  convert  to  his  own  use  any  money 


2906  CITIES  OF  THE  FIRST  CLASS.  911 

or  other  thing  of  value  belonging  to  the  city,  and  if  he  do,  he 
and  his  sureties  shall  pay  the  same  with  interest,  and  he  shall 
be  guilty  of  felony,  and  upon  conviction,  shall  be  confined  in  the 
penitentiary  not  less  than  five  nor  more  than  twenty  years. 

SUBDIVISION  XVI. 

Assessor. 

§  2906.  Election  by  Council — deputies — powers  and  duties — 
bond.  There  shall  be  elected  by  the  General  Council,  imme- 
diately upon  the  assembling  of  the  new  board,  and  every  four 
years  thereafter,  an  Assessor,  whose  duty  it  shall  be  to  assess 
all  property  in  the  city  subject  to  taxation.  He  shall  have 
power  to  appoint,  with  the  approval  of  the  Board  of  Aldermen, 
such  deputies  and  assistants  as  may  be  allowed  him  by  ordi- 
nance. The  manner  in  which  he  shall  perform  his  labors  shall 
be  determined  by  ordinance  of  the  General  Council,  He  shall 
give  a  bond,  with  sureties,  to  be  approved  by  the  General  Coun- 
cil. The  Assessor  and  his  deputies  may  administer  oaths  or 
affirmations,  and  certify  the  same. 

§  2907.  Register  of  transfers  of  real  estate — notice  to  pur- 
chasers. The  Assesor  shall  keep  in  alphabetical  order  a  register 
of  all  transfers  of  real  estate.  All  purchasers  of  real  estate  in 
the  city  shall  furnish  the  Assessor  information  thereof  within 
two  days  after  the  conveyance  has  been  lodged  for  record.  The 
Assessor  shall  notify  such  purchasers  of  any  taxes  which  remain 
unpaid  and  which  are  a  lien  on  the  property  bought. 

§  2908.  Statement  of  payments  by  taxpayers.  The  Assessor 
shall  daily  enter  upon  his  books  of  assessments,  opposite  the 
name  of  the  person  assessed,  and  the  property  for  which  he  is 
assessed,  a  statement  showing  the  payment  to  the  Tax  Receiver 
by  the  taxpayer  of  taxes  due  on  said  property.  This  statement 
shall  be  made  up  by  him  from  reports  daily  made  to  him  by  the 
Tax  Receiver,  which  reports  the  Assessor  shall  preserve  as  part 
of  the  records  of  his  office. 

§   2906.   See   North  Vernon   Lumber  Co.    v.    City    of    Louisville,    163    Kv. 
467;    173   S.   W.    1120. 


912 AN  ACT  FOR  THE  GOVERNMENT  OF 2909 

SUBDIVISION  XVII. 

City  Attorney. 

§  2909.     Appointment     by     Mayor — duties — opinions — salary. 

There  shall  be  appointed  by  the  Mayor  immediately  after  the 
expiration  of  the  term  of  office  of  the  present  City  Attorney  in 
cities  of  the  first  class,  a  City  Attorney  whose  duty  it  shall  be 
to  give  legal  advice  to  the  Mayor,  members  of  the  General  Coun- 
cil, and  all  other  officers  and  boards  of  the  city  in  the  discharge 
of  their  official  duties,  and,  if  requested,  he  shall  give  his  opin- 
ions in  writing  and  they  shall  be  preserved  for  reference.  It 
shall  be  his  duty  to  prosecute  all  suits  for,  and  defend  all  suits 
against  the  city,  and  to  attend  to  such  other  legal  business  as 
may  be  prescribed  by  the  General  Council.  He  shall  be  a  licensed 
practicing  attorney-at-law  of  eight  years  practice  and  may  re- 
ceive a  salary  not  to  exceed  five  thousand  dollars  per  annum, 
payable  in  monthly  installments.  He  shall  be  appointed  by  the 
Mayor  for  a  term  of  one  year  and  immediately  after  the  expira- 
tion of  his  term  of  office  an  appointment  of  a  City  Attoniey 
shall  be  made  by  the  Mayor  for  a  tenn  of  four  years;  and  an 
appointment  of  a  City  Attorney  shall  be  made  by  the  Mayor  for 
a  like  term  every  four  years  after  said  first  appointment  of  a 
City  Attorney  for  a  term  of  four  years.  (Section  as  amended 
by  Act  of  1912.) 

§  2910.  Assistant  attorneys — appointment  —  duties — salary. 
At  the  time  at  which  a  City  Attorney  is  appointed  in  accordance 
with  the  preceding  section,  there  shall  be  appointed  by  the 
Mayor  for  a  term  of  one  year,  a  First  Assistant  City  Attorney 
and  a  Second  Assistant  City  Attorney,  who  shall  be  licensed 
practicing  attorneys-at-law  of  five  years  practice,  and  shall  dis- 
charge such  duties  as  may  be  required  of  them  by  the  City  At- 
torney, or  prescribed  by  the  General  Council  and  Mayor  in  the 
preparation,  prosecution  and  defence  of  all  legal  business  of  the 

§  2909.   Powers   and  duties   of  city  W.  548;  141  K3^  130;  132  S.  W.  141. 

attorney.   Council  can  not   control   his  Under    this    section    the    City    Attor- 

action  in  reference  to  litigation  prop-  ney's    services    may    be    rendered    in 

erly    placed    in    his '  hands.      City    v.  assisting   the   Commonwealth 's   Attor- 

Louisville   Ry.   Co.,   Ill  Ky.   1;    63   S.  ney  in  appeals  from  orders  of  the  li- 

W.   14.  cense   board    revoking    licenses.    Com. 

City  attorney  has   exclusive  control  v.   Campbell,  128  Ky.   252;   107  S.  W. 

over   litigation    of    the    citv.      Under-  797. 
wood  v.  Wilhite,  139  Ky.  il6;   129  S. 


2911  CITIES  OF  THE  FIRST  CLASS. 913 

city.  Immediately  after  the  expiration  of  their  term  of  ofRce 
there  shall  be  appointed  by  the  Mayor  a  First  Assistant  City 
Attorney  and  a  Second  Assistant  City  Attorney  for  a  term  of 
four  years ;  and  an  appointment  of  a  First  Assistant  City  Attor- 
ney and  a  Second  Assistant  City  Attorney  shall  be  made  by  the 
Mayor  for  a  like  term  every  four  years  after  said  first  appoint- 
ment of  said  First  Assistant  City  Attorney  and  said  Second 
Assistant  City  Attorney  for  a  term  of  four  years.  The  First 
Assistant  City  Attorney  may  receive  a  salary  not  to  exceed  three 
thousand  dollars  per  annum,  and  the  Second  Assistant  City  At- 
torney may  receive  a  salary  not  to  exceed  tvv^o  thousand  five 
hundred  dollars  per  annum,  which  salaries  shall  be  payable  in 
monthly  installments.     (Amendment  of  March  18,  1912.) 

SUBDIVISION  XVIII. 
Police  Court. 

§  2911.  Police  Court — court  of  record — officers.  The  judicial 
power  of  the  city  shall  be  vested  in  a  police  court,  which  shall 
be  a  court  of  record,  and  the  officers  thereof  shall  be  a  judge,  a 
clerk,  a  prosecuting  attorney,  and  a  bailiff,  all  of  whom  shall  be 
elected  by  the  qualified  voters  of  the  city  at  the  same  times  and 
places  at  which  the  Mayor  is  elected,  and  shall  hold  their  offices 
for  the  term  of  four  years. 

§  2912.  Jurisdiction — examining  court — stenographic  report 
of  evidence — bond  of  accused.  Said  court  shall  have  original  and 
exclusive  jurisdiction  in  all  cases  of  violation  of  municipal  ordi- 
nances and  by-laws  occurring  within  the  corporate  limits  of  the 
city,  and  such  criminal  jurisdiction  within  the  said  limits  as 
justices  of  the  peace  have,  with  the  necessary  power  to  carry 
into  effect  the  jurisdiction  given.  Said  court  shall  have  ex- 
clusive jurisdiction,  as  an  examining  court,  of  all  felonies  and 
misdemeanors  committed  within  the  corporate  limits  of  the  city, 
and  shall  exercise  all  the  powers  and  duties  of  examining  courts. 
On  the  trial  of  any  felony. case  the  presiding  judge  may,  in  his 
discretion,  order  a  full  report  of  the  testimony,  or  such  portion 
of  the  testimony  as  he  may  deem  necessary;  in  which  case  it 

§  2911.  See  as  to  procedure  in  Po-  §    2912.     Police     Courts     have     the 

lice     Court,     City     of     Louisville     v.  same    jurisdiction    in    criminal    cases 

Wehmhoff,    116    Kv.    812;    76    S.    W.  as  justice  courts.     Bitzer  v.  Com.,  141 

876;  79  S.  W.  201."'  Ky.  58;  132  S.  W.  179,  180. 


914 AN  ACT  FOR  THE  GOVERNMENT  OF 2913 

shall  be  the  duty  of  said  official  stenographic  reporter  to  cause 
shorthand  notes  of  such  or  all  of  the  evidence  to  be  taken,  and, 
upon  request  of  the  judge,  to  cause  a  full  and  accurate  tran- 
script of  same  to  be  made,  or  in  his  discretion,  the  judge  may 
order  a  transcript  to  be  made  out,  which  will  contain  such  parts 
of  the  evidence  as  he  may  deem  material,  which  shall  be  returned 
to  the  Jefferson  Circuit  Court.  At  the  conclusion  of  any  trial 
for  a  felony  or  misdemeanor,  the  court  shall  commit  or  discharge 
the  accused  or  hold  him  to  answer  before  the  proper  court,  as 
may  be  adjudged.  If  bond  be  required  of  the  accused  to  appear 
and  answer,  said  court  shall  have  the  power  to  order  the  bond  to 
be  taken  in  such  sum  as  it  may  direct.  The  bond,  together  with 
the  papers,  shall  be  transmitted  by  the  clerk  within  twenty-four 
hours  to  the  proper  court.  The  bond  shall  be  in  writing  and  it 
shall  not  be  invalidated  by  any  irregularity  in  its  form,  or  in  the 
manner  of  taking  or  giving  the  same.  Persons  arrested  under  a 
charge  of  crime  must  be  presented  to  the  court  for  trial  within 
twenty-four  hours  after  arrest,  unless  Sunday  intervenes.  (Sec- 
tion as  amended  by  act  of  March  12,  1898.) 

§  2913.  Fines  and  penalties — imprisonment — hard  labor — 
custody  of  children.  Said  court  shall  have  power  to  impose  such 
fines  and  penalties  as  may  be  prescribed  by  the  statutes  of  the 
State  or  by  the  ordinances  of  the  city,  but  no  imprisonment  ex- 
ceeding thirty  days  shall  be  ordered,  and  no  fine  exceeding  fifty 
dollars  shall  be  imposed  without  the  intervention  of  a  jury,  un- 
less the  right  to  have  a  jury  is  waived  by  the  party  to  be  tried. 
Cases  in  which  the  right  to  the  custody  and  care  of  children  is 
involved  shall  be  tried  by  the  court.  When  imprisonment  is  pre- 
scribed by  the  judge  or  jury  trying  the  case,  it  shall  be  in  the 
discretion  of  the  judge  or  jury  to  direct  whether  or  not  the  im- 
prisonment shall  be  with  hard  labor,  unless  the  statute  imposing 
the  penalty  distinctly  prevent  the  exercise  of  such  discretion. 

§  2914.  Drunkenness — disorderly  conduct — bond  to  keep  the 
peace.  In  all  cases  of  drunkenness  or  disorderly  conduct,  in  addi- 
tion to  imposing  a  fine,  said  court  may  hold  the  offender  to  bail 
in  a  sum  not  exceeding  one  thousand  dollars  to  keep  the  peace 
or  be  of  good  behavior  for  any  length  of  time  not  exceeding  one 

§2913.    This  section   authorizes  Po-       1303.     Com.  v.  McCann,  123  Ky.  247; 
lice  Court  to  try  violations  of  Section       94  S.  W.   645. 


2915       CITIES  OF  THE  FIRST  CLASS. 915 

year,  or  the  court  may  impose  a  fine  without  holding  to  bail. 
Should  the  offender  fail  to  give  bond,  or  fail  to  pay  the  fine,  he 
shall  be  forthwith  committed  to  the  city  workhouse,  and  shall 
be  kept  in  custody  until  bail  be  given,  or  until  the  time  fixed  by 
the  judgment  shall  have  expired,  and  the  fine  be  paid  or  satis- 
fied by  labor,  as  provided  by  law. 

§  2915.  Practice — rules  and  regulations — administering  oaths. 
In  the  trial  of  cases  arising  under  the  ordinances  of  the  city 
the  proceedings  and  practice  of  the  court  shall  be  such  as  may 
be  determined  by  the  ordinances  of  the  city.  In  the  trial  of 
cases  which  grow  out  of  the  violation  of  the  statutes  of  the 
State,  the  proceedings  and  practice  shall  be  the  same  as  in  the 
courts  of  justices  of  the  peace.  Subject  to  these  limitations  the 
judge  of  said  court  shall  have  power  and  authority  to  adopt  rules 
and  regulations  for  conducting  the  business  of  said  court,  and 
to  enforce  the  same  by  process  of  contempt.  He  shall  have  all 
the  powers  necessary  to  try  the  causes  coming  under  his  juris- 
diction. He  may  administer  oaths,  and  shall  be  a  general  con- 
servator of  the  peace. 

§  2916.  Confinement  in  workhouse  or  county  jail — payment 
of  fine  by  work.  Unless  discharged  by  authority  of  law,  any  per- 
son arrested  under  a  capias  pro  fine  for  a  violation  of  the  ordi- 
nances of  the  city  shall  be  committed  to  the  workhouse,  and  shall 
be  there  detained  until  the  judgment  against  him  or  her  is  sat- 
isfied by  the  payment  of  the  fine,  or  is  satisfied  by  his  or  her 
earnings  by  compulsory  work,  in  or  out  of  said  workhouse,  on 
such  wages  as  the  General  Council  may  allow.  In  cases  of  viola- 
tions of  the  statutes  of  the  State,  the  prisoner  may  be  confined 
in  the  county  jail,  or  in  the  city  workhouse,  as  the  judgment  may 
prescribe. 

§  2917.  Fines  to  be  paid  into  city  treasury.  All  fines  and 
recoveries  realized  in  said  court,  whether  the  prosecution  be 
in  the  name  of  the  city  or  the  Commonwealth,  shall  be  paid  to 
the  city  Treasurer  as  a  contribution  toward  the  expenses  of  said 
court. 

§  2917.  .  Criminal  prosecutions.  court,  in  the  name  of  the  city,  for 
Const.  See.  123,  providing  that  all  the  violation  of  an  ordinance  author- 
prosecutions  shall  be  in  the  name  ized  b.y  See.  2917.  City  of  Louisville 
and  by  the  authority  of  the  Common-  v.  WelimhofP,  76  S.  W.  876;  116  Ky. 
wealth  of  Kentucky,  does  not  pre-  S12.  Rehearing  denied,  79  S.  W.  201; 
elude    a    prosecution    in    a    municipal  85  E.  1924. 


916 AN  ACT  FOR  THE  GOVERNMENT  OF 2918 

§  2918.     Judge's     docket — entries — control     over      judgment. 

The  clerk  of  the  police  court  shall,  for  the  use  of  said  court, 
daily  enter  in  a  book,  to  be  kept  for  that  purpose,  a  list  of  all 
cases  in  which  any  orders  are  to  be  made,  leaving  sufficient 
space  on  the  margin  of  said  book,  or  following  each  case,  for 
the  judge  to  note  whatever  orders  may  be  made  therein.  Said 
book  shall  be  known  as  the  "judge's  docket,"  and  it  shall  be 
the  duty  of  the  judge  to  concisely  note  therein,  in  ink,  all  orders 
and  judgments  in  each  case,  and  to  daily  sign  his  name  at  the 
foot  of  the  day's  docket.  No  order  or  judgment  of  said  court 
shall  be  modified,  set  aside,  or  annulled,  except  in  open  court 
during  the  regular  hours  of  the  court,  and  by  the  judge  who 
tried  the  case.  No  order  or  judgment  shall  be  thus  modified, 
set  aside  or  annulled,  except  on  motion  duly  made  in  open  court, 
within  three  days  from  the  date  on  which  the  judgment  or 
order  was  entered;  and  after  ten  days  the  court  shall  have  no 
control  over  its  orders.  Said  motion  must  be  accompanied  by 
the  written  reasons  therefor,  and  the  grounds  for  modifying, 
setting  aside  or  annulling  said  order  or  judgment  shall  be  stated 
briefly  and  accurately  by  the  judge  from  the  bench,  and  recorded 
by  the  clerk  in  the  order  book  of  the  court.  The  judge  may, 
at  any  time  and  at  any  place,  suspend  for  twenty-four  hours, 
but  no  longer,  the  enforcement  and  execution  of  any  order  or 
judgment. 

§  2919.  Officer  or  deputy  neglecting  duty — penalty.  If  any 
officer  or  deputy  of  said  court  shall,  without  legal  excuse,  fail 
or  neglect  for  one  week  to  perform  the  duties  provided  for  here- 
in, or  to  keep  up  any  book,  docket  or  record  as  required  by  law, 
he  shall  be  subject  to  a  fine  of  twenty-five  dollars  for  each  day 
the  offense  continues;  and  any  officer  or  deputy  of  said  court, 
who  shall,  in  the  conduct  of  his  office,  do  that  which  is  forbidden 
by  law,  shall  be  subject  to  a  like  fine  for  each  day's  off'ense,  and 
if  the  off'ense  be  repeated,  or  if  the  delinquency  continues  two 
weeks,  the  offender  shall  be  liable  to  said  fine,  and  also  to  im- 
prisonment not  exceedii"yg  one  year. 

§  2920.  Witnesses — when  allowed  fee  for  attendance.  Wit- 
nesses shall  not  be  allowed  any  fees  for  attendance  in  this  court, 
unless  they  live  beyond  the  limits  of  the  city.  If  they  live  outside 
of  the  city,  they  shall  be  allowed  such  fees  as  are  allowed  wit- 
nesses in  the  circuit  court. 


2921     CITIES  OF  THE  FIRST  CLASS. 917 

§  2921.  Fees  and  costs.  No  fees  shall  be  receivde  by  any  of 
the  officers  of  this  court,  and  no  costs  shall  be  taxed  against 
any  person  tried  by  said  court. 

§  2922.     Appeals   to   Circuit    Coui't   and    Court   of     Appeals. 

Appeals  shall  be  from  the  decisions  of  said  court  to  the  Circuit 
Court  in  all  cases  where  the  amount  of  the  fine  imposed  is  as 
much  as  twenty  dollars.  In  cases  where  a  fine  of  twenty  dol- 
lars or  less  is  imposed  under  an  ordinance,  the  legality  of  said 
ordinance  may  be  tested  by  the  city  by  an  appeal  to  the  Jeffer- 
son Circuit  Court  or  by  the  defendant  by  a  writ  of  prohibition  to 
the  Jefferson  Circuit  Court,  and  after  a  decision  has  been  ren- 
dered in  the  Circuit  Court,  as  provided  for  in  this  section,  either 
the  city  or  the  accused  may  appeal  to  the  Court  of  Appeals  as 
other  cases  in  the  Circuit  Court  are  appealed.  In  all  cases  in 
which  the  judgment,  in  addition  to  a  fine,  prescribes  imprison- 
ment exceeding  ten  days,  the  defendant  may  have  an  appeal  to 
the  Circuit  Court,  and  thence  to  the  superior  court  or  Court  of 
Appeals,  except  in  cases  in  which  bail  has  been  required  for  good 
behavior  and  has  not  been  given. 

SUBDIVISION  XIX. 
Judge  of  Police  Court. 

§  2923.  Qualification — official  oath— salary.  The  judge  of  the 
Police  Court  shall  have  the  qualifications  and  take  the  oath  re- 
quired of  the  Judge  of  the  Circuit  Court.  He  shall  receive  such 
salary  from  the  city  as  may  be  provided  by  ordinance.  {Vacmicy 
in  office,  how  filled,  Sec.  3758.) 

§  2924.  Shall  devote  whole  attention  to  duties — payment  of 
salary.  Said  judge  shall  devote  his  whole  attention  to  the  duties 
of  said  court,  and  shall  be  paid  his  salary  at  the  same  time  and 
in  the  same  manner  as  the  salaries  of  other  city  officers  are 
paid. 

§  2925.  Pro  tem  judge — powers — compensation.  When,  from 
any  cause,  the  judge  of  said  court  shall  fail  to  attend  and  hold 
court,  the  Mayor  of  the  city  shall  select  and  designate  some 

§  2922.     The   validity    of    an    ordi-  where  a  fine   as   much   as  $20   is   im- 

nance    may    be   tested    by    an    appeal  posed.     Keiper  v.   City   of   Louisville, 

to    the    Circuit    Court    and    from    the  1.51  Kr.  691;   152  S.  W.  761;   152  Ky. 

Ci.rcuit  Court  to  the  Court  of  Appeals  691;   154  S.  W.  181. 


918 AN  ACT  FOR  THE  GOVERNMENT  OF 2926 

lawyer,  who  has  no  case  on  the  docket  of  said  court,  to  act  as 
judge  iwo  tern  for  said  court,  and  the  judge  pro  tern  shall  have 
the  same  rights,  powers  and  duties  as  the  regular  judge  has, 
and  the  judge  pro  tern  shall  receive  from  the  city  the  same  pro 
rata  compensation  paid  the  judge  of  the  court.  {Section  as 
amended  by  act  of  March  18,  1902.) 

§  2926.     Vacation — provision     for — pro     tem     judge — salary. 

The  judge  of  the  court  shall  annually  have  a  vacation  of  two 
months,  and  during  said  vacation  a  compensation  of  the  judge 
pro  tem  shall  not  be  deducted  from  the  salary  of  the  regular 
jud(ge.  The  clerk  of  the  court  shall  certify  to  the  Auditor  of 
the  city  the  name  of  the  judge  pro  tem  and  the  term  of  his 
service,  and  the  City  Auditor  shall  thereupon  draw  a  warrant 
upon  the  city  treasury  for  the  amount  of  money  due  the  judge 
pro  tem  for  the  time  he  served  on  the  bench  and  the  Treasurer 
shall  pay  the  warrant.  {Section  as  amended  by  act  of  March 
18,  1902.) 

§  2927.     Swearing-  judge  off  the  bench — pro  tem  judge.     No 

one  shall  sit  as  judge  in  this  court  in  any  case  in  which  there 
has  been  filed  by  the  accused  an  affidavit  that  he  cannot  have 
a  fair  trial,  provided  that  such  affidavit  be  supported  by  the 
affidavits  of  at  least  two  credible  housekeepers  of  the  city.  In 
such  case  the  compensation  paid  to  the  judge  pro  tem  shall  not 
be  deducted  from  the  salary  of  the  regular  judge. 

§  2928.  Where  to  hold  court.  The  judge  of  said  court  shall 
never  hold  his  court  out  of  the  room  provided  by  the  General 
Council  as  a  city  courtroom,  unless  said  room  cannot  be  used. 

§  2928a.     Doorkeeper    for    court — appointment — salary.     The 

Judge  of  the  Police  Court  shall  have  power  to  appoint  and  re- 
move at  will  a  doorkeeper  for  the  Police  Court,  whose  duties 
shall  be  to  stand  and  guard  the  door  of  said  court,  and  preserve 
order  and  perform  such  other  services  as  directed  by  the  judge 
of  said  court.  Said  doorkeeper  shall  receive  a  salary  of  fifty 
dollars  per  month  to  be  paid  monthly  out  of  the  city  treasury. 
He  is  vested  with  the  same  power  as  those  of  a  deputy  bailiff 
of  the  Police  Court.     {As  amended  by  act  of  March  22,  1904.) 


2929  CITIES  OF  THE  FIRST  CLASS.  919 

SUBDIVISION  XX. 

Clerk  of  Police  Court. 

§  2929.  Qualifications — oath  and  bond.  The  clerk  of  the 
Police  Court  shall  have  the  qualifications  and  take  the  oath  and 
give  the  bond  required  of  the  clerk  of  the  County  Court.  Said 
bond  and  the  requisite  surety  thereon  must  be  approved  by  the 
Judge  of  the  Pohce  Court. 

§  2930.     Powers  and  duties — penalties   for    violation  of  duty. 

The  clerk  of  the  court  may  administer  oaths  as  clerk  of  county 
courts  may,  and  he  shall  be  subject  to  the  same  fines  and  pen- 
alties to  which  they  are  subject,  and  for  neglect  and  violation 
of  his  duty  he  may  be  prosecuted,  punished,  or  removed  in  the 
same  manner  in  which  they  may  be  prosecuted,  punished,  or 
removed. 

§  2931.  Salary — appointment  of  deputies.  He  shall  receive 
no  fees  whatever,  but  he  shall  be  paid  a  salary  of  thirty-five  hun- 
dred dollars  per  annum,  and  may  appoint  two  deputies,  who 
shall  be  paid  a  salary  of  twelve  hundred  dollars  per  annum  for 
each  deputy.  The  salaries  of  the  clerk  and  his  deputies  shall 
be  paid  at  the  same  time  and  in  the  same  manner  as  the  salaries 
of  other  city  officers  are  paid.  (Section  as  amended  by  act  of 
March  18,  1902.) 

§  2932.  Vacancy  in  office — how  filled.  In  case  of  a  vacancy 
in  said  clerk's  office  the  judge  of  the  said  court  shall  fill  such 
vacancy,  subject  to  the  provisions  of  Section  152  of  the  Con- 
stitution of  Kentucky. 

§  2933.  Allowance  for  stationery.  The  clerk  of  said  court 
may  be  allowed  such  stationery  as  may  be  necessary  for  his 
office,  but  it  shall  be  obtained  through  the  city  buyer,  as  sulp- 
plies  are  obtained  by  other  municipal  officers. 

§  2934.  Authority  to  issue  process.  Said  clerk  or  his  deputy 
shall  have  authority  to  issue  all  proper  mesne  and  final  process 
in  cases  cognizable  by  said  court,  or  which  have  been  adjudi- 
cated. 

§2932.  As  to  method  of  filling  the  §  2934.  The  authority  of  the  Clerk 
office  of  Clerk  of  the  Police  Court  of  the  Police  Court  to  issue  a  war- 
in  case  an  election  is  declared  void.  rant  of  arrest  construed.  Schwartz 
See  Scholl  v.  Bell,  125  Kv.  750;  102  v.  Boswell,  156  Ky.  103;  160  S.  W. 
S.  W.  248.                                ■  748. 


920 AN  ACT  FOR  THE  GOVERNMENT  OF 2935 

SUBDIVISION  XXI. 

Prosecuting  Attorney  of  Police  Court. 

§  2935.  Qualifications — oath — duties.  The  Prosecuting  Attor- 
ney of  the  Police  Court  shall  have  the  qualifications  and  take 
the  oath  and  come  under  the  obligations  prescribed  for  Com- 
monwealth's Attorneys,  and  his  duties  to  the  city  and  said  court 
shall  be  similar  to  those  of  the  Commonwealth's  Attorney  in  his 
circuit. 

§  2936.  Representative  of  Commonwealth  and  city.  In  all 
matters  before  the  Police  Court  the  Prosecuting  Attorney  shall 
represent  the  Commonwealth  or  the  city,  as  the  case  may  re- 
quire. 

§  2937.  Salary  $3,500.  He  shall  receive  a  salary  of  thirty-five 
hundred  dollars  per  annum,  and  the  salary  of  the  Prosecuting 
Attorney  shall  be  paid  at  the  same  time  and  in  the  same  manner 
as  the  salaries  of  other  city  officers  are  paid.  (Section  as  amend- 
ed by  act  of  March  18,  1902.) 

§  2938.  Pro  tern  attorney — deduction  from  attorney's  salary. 
When  said  attorney  fails  to  attend  or  to  prosecute  the  parties 
brought  before  him,  the  judge  shall,  from  the  members  of  the 
bar,  appoint  one  to  serve  as  Prosecuting  Attorney  pro  tern  and 
the  person  so  appointed  shall  take  the  oath  of  office  prescribed 
for  the  regular  Prosecutinig  Attorney,  and  for  his  services  the 
Prosecuting  Attorney  pro  tern  shall  receive  such  part  of  the 
salary  of  the  regular  Prosecuting  Attorney  as  the  judge,  on  mo- 
tion, after  due  notice  to  the  Prosecuting  Attorney,  may  sum- 
marily decide  to  be  fair  and  reasonable;  but  the  compensation 
allowed  the  Prosecuting  Attorney  pro  tern  shall  not  be  esti- 
mated at  a  greater  rate  than  that  allowed  the  regular  Prose- 
cuting Attorney.  The  amount  so  paid  the  Prosecuting  Attorney 
pro  tern  shall  be  deducted  from  the  salary  of  the  regular  Prose- 
cuting Attorney:  Provided,  That  when  such  Prosecuting  Attor- 
ney shall  be  prevented  by  sickness  from  discharging  the  duties 
of  his  office,  the  compensation  of  the  Prosecuting  Attorney  pro 
tern  shall  not  be  deducted  from  the  salary  of  the  regular  Prose- 
cuting Attorney:  And  provided  further,  That  such  Prosecuting 
Attorney  shall  be  allowed  sixty  days'  vacation  in  each  year,  and 
during  such  vacation  the  compensation  of  the  Prosecuting  At- 


2939  CITIES  OF  THE  FIRST  CLASS.  921 

torney  pro  iem  shall  not  be  deducted  from  the  salary  of  the  regu- 
lar Prosecutinfg  Attorney. 

§  2939.  Commonwealth's  Attorney  may  assist.  The  Com- 
monwealth's Attorney  or  the  County  Attorney  may  be  present 
and  assist  in  the  trial  of  offenses  against  the  Commonwealth. 

SUBDIVISION  XXII. 

Bailiff  of  Police  Court. 

§  2940.  Powers  of  constable  or  policeman.  The  Bailiff  of  the 
Police  Court  shall  have  the  power  of  a  constable  and  policeman. 

§  2941.  Bond  to  be  executed.  He  shall  give  bond,  payable  to 
such  city,  in  the  penal  sum  of  one  thousand  dollars,  with  good 
security,  to  be  approved  by  the  Mayor,  conditioned  for  the  faith- 
ful and  honest  discharge  of  his  duties,  and  said  bond  shall  be 
filed  with  the  other  official  bonds  of  the  city. 

§  2942.  Duties  of  Bailiff.  It  shall  be  the  duty  of  the  Bailiff  to 
be  present  at  the  sessions  of  the  court,  to  maintain  order  therein 
and  to  perform  all  other  court  duties,  subject  to  the  directions 
of  the  court. 

§  2943.  Process — may  execute  anywhere  in  State — special 
bailiff — policeman.  The  mesne  and  final  process  of  said  court 
shall  be  addressed  to  the  Bailiff,  or  to  any  Sheriff,  constable  or 
policeman.  In  all  cases  the  process  shall  run  in  the  name  of  the 
Commonwealth  of  Kentucky,  and  may  go  to  any  county  in  the 
Commonwealth,  and  the  Bailiff  may  execute  it  anywhere  in  the 
State,  or  may  appoint  by  endorsement  on  the  process  a  special 
bailiff  to  execute  it,  and  said  special  bailiff's  rights  and  powers 
shall  be  the  same  as  those  of  the  Bailiff.  Policemen  may  execute 
any  process  delivered  to  them  by  the  Bailiff;  and  they  shall  have 
power  to  execute  warrants  of  arrest,  subpoenas,  attachments 
and  other  process,  whether  the  same  be  directed  to  them  or  not. 

§  2944.  Bailiff  and  assistants — salaries.  The  Bailiff  shall  be 
assisted  in  the  performance  of  his  duties  by  two  deputies,  who 
are  to  be  appointed  by  him.  The  Bailiff  and  his  deputies  shall 
receive  no  fees,  but  that  Bailiff  shall  receive  a  salary  of  thirty- 
five  hundred  dollars  per  annum  and  each  of  his  deputies  shall 
receive  a  salary  of  twelve  hundred  dollars  per  annum.  The 
salaries  of  the  Bailiff  and  his  deputies  shall  be  paid  at  the  same 
time  and  in  the  same  manner  as  the  salaries  of  other  city  officers 
are  paid.     {Section  as  amended  by  act  of  March  18,  1902.) 


922  AN  ACT  FOR  THE  GOVERNMENT  OF  2945 

SUBDIVISION  XXIII. 

Interpreter  and  Stenographer  of  Police  Court. 

§  2945.     Interpreter  appointed — term  of  office — salary.     The 

judge  of  the  court  may  appoint,  for  a  term  not  exceeding  four 
years  an  interpreter,  who  shall  be  paid  nine  hundred  dollars 
per  annum,  and  the  judge  may  remove  him  at  pleasure. 

§  2946.     Steno^apher  —  appointment  —  term  —  salary.     The 

judge  of  the  court  may  appoint  for  a  term  not  exceeding  four 
years  a  stenographer,  who  shall  be  paid  a  salary  of  twelve 
hundred  dollars  per  annum.  Such  stenographer  shall  be  al- 
lowed sixty  days'  vacation  in  each  year,  and  during  such  vaca- 
tion the  compensation  of  the  stenographer  Tpro  tern  shall  not 
be  deducted  from  the  salary  of  the  regular  stenographer.  {Sec- 
tion as  amended  by  act  of  March  26,  1904.) 

§  2946a.  Police  Court  matron — appointment — term.  There 
is  hereby  created  the  office  of  court  matron  of  the  Police  Court 
in  all  cities  of  the  first  class  in  this  State.  Said  matron  shall 
be  appointed  by  the  Judge  of  the  Police  Court  aforesaid  of  every 
city  of  the  first  class.  The  term  of  office  of  the  said  court  ma- 
tron shall  be  two  years,  and  until  the  qualification  of  her  suc- 
cessor; and  she  shall  be  removable  by  the  Judge  of  the  Police 
Court  aforesaid,  for  good  cause,  and  the  Judge  shall  cause  to 
be  entered  in  the  minutes  of  his  court  his  reasons  for  such  re- 
moval. Said  Judge  shall  have  power  to  appoint  a  successor 
whenever  a  vacancy  may  occur  in  the  office  of  court  matron 
for  whatever  cause. 

§  2946a-2.  Qualifications.  The  said  office  shall  be  filled  by  a 
woman  of  good  moral  character,  with  experience  and  training 
in  social  work,  and  she  shall  be  fully  qualified  to  perform  the 
duties  of  her  office. 

§  2946a-3.  Duties — powers.  Said  matron  shall  investigate 
and  report  to  the  Judge  of  the  Police  Court  upon  the  past  his- 
tories, conditions  of  livijig,  character,  morals  and  habits  of  all 
women  and  girls  awaiting  trial  in  such  city  court,  and  shall  ex- 
ercise supervision  of  such  women  and  girls  while  under  sus- 
pended sentence  until  final  disposition  of  the  charge  or  charges 
against  them. 


2946a-4 


CITIES  OF  THE  FIRST  CLASS. 


923 


§2946a-4.  Salary — expenses.  Said  matron  shall  be  paid  out 
of  the  city  treasury  a  salary  of  seventy-five  dollars  ($75.00) 
per  month,  and  shall  be  allowed  all  necessary  expenses  incidental 
to  investigation  of  cases  subject  to  the  approval  of  the  Judge  of 
the  Police  Court.     (This  section  is  an  act  of  1916.) 

SUBDIVISION  XXIV. 

Bond  Recorder. 

§  2947.  Appoiptment — term — powers  and  duties — bond — fees 
— deputies — salary.  There  shall  be  appointed  by  a  majority  of 
the  Judges  of  the  Circuit  Court,  having  jurisdiction  in  said 
cities,  a  Bond  Recorder  for  said  cities.  He  shall  be  appointed 
for  the  term  of  four  years,  and  shall  have  the  qualifications,  take 
the  oath,  and  give  the  bond  required  of  County  Clerks,  and  he 
shall  be  subject  to  the  same  fines  and  penalties  to  which  they 
are  subject;  and  for  neglect  and  violation  of  his  duty  he  may 
be  prosecuted,  punished  or  removed,  in  the  same  manner  in 
which  said  clerks  may  be  prosecuted,  punished  or  removed.  The 
bond  furnished  by  said  recorder,  and  the  requisite  surety  thereon, 
must  be  approved  by  said  Judges.  Said  Bond  Recorder  shall 
have  exclusive  right  to  take  all  bonds  required  by  law  to  be 
taken  or  given  by  persons  arrested  in  the  city  in  and  for  which 
he  is  appointed,  for  their  appearance  before  the  proper  tribunal; 
also  all  bonds  or  recognizances  required  by  law  to  be  taken  or 
given  by  or  in  the  Police  Court  of  said  city;  and  no  person  in 
custody  shall  be  released  therefrom  before  trial,  unless  bond  be 
first  given  as  herein  required.  Said  Bond  Recorder  shall  be 
allowed  for  his  services  the  same  compensation  as  now  allowed 
by  law  to  Justices  of  the  Peace  in  trials  for  breach  of  peace,  to 
be  paid  by  the  party  for  whom  the  services  are  rendered.  He 
may  appoint  two  deputies,  and  the  salary  of  each  of  said  deputies 


§  2947.  The  Bond  Recorder  must 
make  at  least  annual  settlements 
with  the  city;  and  when  in  any  cur- 
rent year  he  has  collected  enough  to 
pay  his  salary  for  that  year  and  for 
his  deputies  and  to  pay  his  other 
legal  expenses  for  the  current  year, 
he  may,  during  the  rest  of  the  year, 
be    made    to     account     everv     thirty 


days.     Com.  v.  Eoss,  135  Kv.  315;  122 
S.  W.  161. 

The  Bond  Recorder  is  entitled  to 
receive  $4,000  per  year  and  $1,000  a 
year  for  each  deputy  actually  em- 
ployed, not  exceeding  two.  Id.  See 
also  for  construction  of  this  section 
Henderson  v.  Com.,  122  Kv.  296;  91 
S.  W.  1141,;  York  v.  Ross,  139  Ky. 
215;   129  S.  W.  580.   • 


924  AN  ACT  FOR  THE  GOVERNMENT  OF  2948 

shall  be  one  thousand  dollars  per  annum,  and  shall  be  paid  from 
the  fees  collected  by  the  said  Bond  Recorder.  Said  deputies  shall 
give  bond  the  same  as  recorder,  and  he  is  hereby  given  power  to 
administer  oaths  to  parties  offering  as  sureties  on  bonds,  and 
for  all  purposes  necessary  for  the  proper  conduct  of  his  office,  to 
carry  into  effect  the  provisions  of  this  act,  and  enable  him  to 
properly  execute  his  dut^.  And  no  officer  or  other  person  shall 
have  power  to  take  any  bond  or  administer  any  oath  herein 
mentioned,  except  said  recorder.  Said  Bond  Recorder  shall  keep 
a  record  of  all  bonds  taken  by  himself  or  deputy,  showing  the 
date,  amount  of  bail,  the  name  of  the  defendant,  and  the  charge 
under  which  arrest  was  made ;  and  all  money  received  by  said 
Bond  Recorder,  over  and  above  the  amount  of  four  thousand 
dollars,  exclusive  of  the  deputy's  salary,  shall  be  paid  into  the 
treasury  of  the  city  frorn  which  the  recorder  is  appointed.  Said 
recorder,  or  one  of  his  deputies,  shall  be  in  his  office  at  all  hours 
for  the  purpose  of  taking  bonds.  All  bonds  and  affidavits  shall 
be  returned  within  twenty-four  hours  to  the  proper  tribunal.  In 
continued  cases,  the  Bond  Recorder  may  require  a  memorandum 
from  the  clerk  of  the  court,  showing  the  charge,  amount  of 
bail,  and  date  of  continuance. 

SUBDIVISION  XXV. 

Live  Stock  Inspector. 

§  2948.  Elected  by  Council — term  of  office — powers  and 
duties — salary — bond.  There  shall  be  elected  by  the  General 
Council,  on  the  first  Tuesday  in  December,  1894,  and  every  two 
years  thereafter,  one  Live  Stock  Inspector,  whose  salary  and 
duties  shall  be  determined  by  ordinance  of  the  General  Council. 
He  shall  have  power  to  appoint,  with  the  approval  of  the  Board 
of  Aldermen,  such  deputies  and  assistants,  with  such  salaries 
as  may  be  allowed  them  by  ordinance.  He  shall  give  a  bond  with 
sureties,  to  be  approved  by  the  General  Council. 

SUBDIVISION  XXVI.     . 

Education. 

§  2948a-l.  Municipal  university — tax  levy.  The  General 
Council  of  any  city  of  the  first  class,  which  has  a  municipal 
university  as  defined  in  this  act,  may  annually  cause  to  be  levied 


2948a-2 cities  of  the  first  class. 925 

and  collected  for  support  of  such  university  a  tax  of  not  less  than 
one  cent  nor  more  than  three  cents  on  each  one  hundred  dollars' 
worth  of  property  subject  to  taxation  for  city  purposes. 

§  2948a-2.  Municipal  university  defined.  A  municipal  univer- 
sity within  the  meaning  of  this  act  is  a  university  established 
or  supported  in  whole  or  in  part  by  funds  raised  by  municipal 
taxation  and  controlled  by  a  board  of  trustees  appointed  by  the 
Mayor  and  General  Council  of  such  municipal  corporation  and 
consisting  of  departments  united  under  one  organization  or 
management,  affording  instruction  in  the  arts,  sciences  and  pro- 
fessions, and  conferring  delgrees. 

§  2948a-3.  Levy  and  collection  of  tax.  Such  levy  shall  be 
made  by  the  General  Council  at  the  same  time  and  in  like  man- 
ner as  other  levies  for  municipal  purposes,  and  the  amount  levied 
shall  be  placed  to  the  credit  of  the  university  fund  upon  com- 
pletion of  the  assessment  of  property  for  taxation,  and  paid  as 
collected,  subject  to  such  discount  as  is  allowed  on  other  city 
taxes,  in  regular  weekly  installments,  by  the  Treasurer  of  the 
city  to  the  treasurer  of  the  University. 

§  2948a-4.  Appropriations  from  other  funds.  The  General 
Council  of  such  municipal  corporation  having  a  municipal  uni- 
versity may  devote  to  university  purposes  from  time  to  time  any 
other  funds  not  derived  from  taxes  levied  for  a  special  purpose. 

§  2948a-5.  When  entitled  to  support.  A  municipal  university 
shall  be  entitled  to  support  under  this  act  only  when  its  chief 
work  is  the  maintenance  of  courses  of  instruction  in  advance  of, 
or  supplementary  to,  the  instruction  maintained  in  high  schools 
under  control  of  the  Boards  of  Education. 

§  2948a-6.  Site  for  university.  The  General  Council  of  such 
municipal  corporation  may  set  apart  or  appropriate  as  a  site  for 
the  buildings  and  grounds  of  such  a  municipal  university  any 
public  grounds  of  the  city  not  specially  appropriated  or  dedi- 
cated by  ordinance  to  any  other  use. 

§  2948a-7.  Annual  reports.  An  annual  report  and  audit  of 
receipts  and  disbursements  of  funds  received  by  a  municipal  uni- 
versity under  this  act  shall  be  made  in  addition  to  such  other  re- 
port on  the  condition  of  the  university  as  may  be  required  by  its 
charter.     (Act  of  1916.) 


926 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2949 


§  2949  (Repealed  by  act  of  March  4,  1910;  Section  2978a  be- 
low.) 

§  2950,  Rules  and  by-laws.  (Repealed  by  act  of  March  4, 
1910.) 

§  2951.  Monthly  meeting  of  board — quorum.  The  board  shall 
meet  once  a  month,  and  oftener,  if  necessary,  for  the  transaction 
of  business.    A  majority  of  the  board  shall  be  a  quorum. 

§  2952.  Appropriation  of  money  by  board.  No  appropriation 
of  money  shall  be  made  by  the  board,  except  upon  the  aihrmative 
vote  of  a  majority  of  the  members.  The  vote  shall  be  entered 
upon  its  records. 

§  2953.  Proceedings  of  board  to  be  recorded.  All  proceedings 
of  the  board  shall  be  entered  in  a  book  provided  for  that  purpose. 
This  book  shall  be  a  public  record,  and  at  all  times  be  open  to  the 
inspection  of  the  citizens. 

§  2954.      (Repealed  by  act  of  March  4,  1910.) 

§  2955.      (Repealed  by  act  of  March  4,  1910.) 

§  2956.  Principals  and  teachers  elected  by  board — salaries — 
dismissal  and  suspension.  The  board  shall  elect  principals  and 
teachers,  regulate  and  fix  their  salaries,  and  the  term  of  office 
of  all  the  teachers,  officers  and  employes  of  the  board.  The  sal- 
aries shall  not  be  changed  dui-'mg  the  year  for  which  they  are 
fixed.  The  board  may  dismiss  or  suspend  any  principal,  or 
teacher  or  employe  for  misconduct,  inefficiency,  neglect  of  duty, 
or  diminished  attendance  of  pupils. 

§  2957.  Branches  to  be  taught  and  text-books  prescribed  by 
board — kindergarten  for  young  children.    The  board    shall  pre- 


§  2949.  The  act  providing  for  a 
Board  of  Education  (Sec.  2978a)  is 
not  unconstitutional,  but  repeals  so 
much  of  this  section  and  the  follow- 
ing sections  as  is  inconsistent  with 
it.  Mark  v.  Bloom,  141  Ky.  474;  133 
S.  W.  203. 

A  contract  for  the  purchasing  of 
supplies  by  a  Behool  Board  in  con- 
flict with  its  by-laws  held  not  en- 
forcible.  Montenegro-Riehm  Music 
Co.  V.  Board  of  Education,  147  Ky. 
720;    145   S.   W.    740. 

Held  under  the  facts  that  an  as- 
sistant superintendent  employed  be- 
fore the  new  School  Board  Act  went 
into  effect  and  who  continued  to  dis- 


charge his  duties  until  April  1,  1911, 
could  not  recover  for  his  salary  after 
the  new  act.  Lucas  v.  Board  of  Edu- 
cation, 148  Ky.  15;  146  S.  W.  34. 

Action  against  School  Board — to 
recover  salary  due  employe.  Ober- 
dorfer  v.  Louisville  Sclilool  [Board, 
120  Ky.   112;  85  S.  W.  696. 

§  2950.  See  cases  cited  under  See. 
2949. 

§  2957.  This  section  confers  no 
rights  upon  publishers  of  discarded 
l)ooks  where  there  is  no  contract  re- 
lation. Allyn  &  Bacon  v.  Louisville 
School  Board,  131  Ky.  324;  115  S.  W. 
206. 


2958 CITIES  OF  THE  FIRST  CLASS. 927 

scribe  the  branches  of  education  to  be  taught,  and  the  text-books 
to  be  used.  Text-books  once  adopted  shall  not  be  changed,  except 
by  the  unanimous  consent  of  the  board,  until  notice  of  said  pro- 
posed change  shall  be  given  and  entered  upon  the  records  of  the 
board  one  scholastic  year,  and  then  only  by  the  affirmative  vote  of 
not  less  than  two-thirds  of  the  members. 

Schools  may  be  open  as  a  part  of  said  school  system  to  teach 
children  of  the  ages  of  four,  five  and  six  years  by  the  kindergar- 
ten method.  Nothing  contained  in  this  section  shall  be  construed 
as  affecting  in  any  way  the  present  method  of  taking  the  school 
census  or  as  increasing  or  reducing  the  jjro  rata  of  the  school  fund 
to  be  received  from  the  State  of  Kentucky  by  the  school  board  of 
cities  of  the  first  class,  nor  to  be  construed  as  conflicting  with  or 
changing  in  any  way  Sections  166  and  189  of  the  act  for  the 
government  of  cities  of  the  first  class,  being  now  Sections  2949 
and  2974  of  Chapter  89  of  the  Kentucky  Statutes.  (Section  as 
amended  hy  act  of  March  21,  1902.) 

§  2958.      {Repealed  hy  act  of  March  4,  1910.) 

§  2959.  Poor  children  provided  with  text-books.  For  school 
children  whose  parents  are  too  poor  to  purchase  books,  the  board 
shall  provide  text-books. 

§  2960.      {Repealed  hy  act  of  March  4,  1910.) 

§  2961.      {Repealed  hy  act  of  March  4,  1910.) 

§  2962.      {Repealed  hy  act  of  March  4,  1910.) 

§  2963.      {Repealed  hy  act  of  March  4,  1910.) 

§  2964.  Secretary  to  receive  no  fees  or  perquisites.  No  fees 
or  perquisites  shall  be  received  by  said  secretary.  Interest  paid 
on  deposits  must  be  credited  to  the  board. 

§  2965.     Superintendent.     (Repealed  by  act  of  March  4,  1910.) 

§  2966.  Investigation  of  complaints — power  of  board.  In 
investigation  of  charges  or  complaints  against  any  of  its  mem- 
bers, officers,  principals,  teachers  or  other  employes,  the  board, 
or  its  committee  on  grievances,  shall  have  the  power  to  summon 
witnesses,  and  by  its  chairman,  administer  oaths.  Any  willful 
disregard  of  said  summons  or  process  may  be  punished  by  any 
judge  of  the  circuit  court,  on  complaint  of  the  board,  as  contempt 
of  such  court  is  punished. 

§  2965.  A  superintendent  elected  from  removing  him  from  office.  Mark 
under  this  section  had  no  right  to  an  v.  Bloom,  141J  Ky.  474;  133  S.  W.  203. 
injunction   to  prevent   the  new  board 


928 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2967 


§  2967.  Officers,  teachers  and  employes  may  be  reprimanded 
or  expelled.  The  board  may  punish  its  members  for  misconduct 
by  reprimand  or  expulsion  from  office,  and  punish  its  officers, 
principals,  teachers  and  employes  by  reprimand,  suspension, 
forfeiture  of  pay  or  dismissal,  as  it  may  judge  appropriate  for 
the  off'ense  committed. 

§  2968.     Officer  or  member  of  board  receiving  bribe — penalty. 

Any  officer  or  member  of  said  board  who  shall  receive  any  money 
or  other  thing  of  value,  directly  or  indirectly,  for  his  vote  or  in- 
fluence in  favor  of  any  measure  upon  which  he  shall  act  officially, 
shall  be  deemed  guilty  of  felony,  and  upon  conviction  thereof,  be 
confined  in  the  penitentiary  not  less  than  two  nor  more  than'  ten 
years. 

§  2969.     Taxation.     (Repealed  by  act  of  March  4,  1910.) 
§  2970.      (Repealed  hij  CLct  of  March  4,  1910.) 
§  2971.      (Repealed  by  act  of  March  4,  1910.) 

§  2972.     Examination    for    position  as  principal    or    teacher. 

The  board  shall  have  the  power  to  examine,  or  cause  to  be  exam- 
ined by  competent  persons,  all  applicants  for  the  position  of  prin- 
cipal, teacher  or  professor  in  the  schools. 

§  2973.     Certificate — when  void — revocation  of  certificate.     A 

certificate  granted  to  any  person  shall  be  void,  if  the  holder 
thereof  shall  not  receive  regular  employment  of  the  board  within 
five  years  from  its  date,  but  may  be  renewed  by  another  examina- 
tion. The  board  may  revoke  any  certificate  issued  by  it  for  any 
cause  by  it  deemed  sufficient. 


§  2969.  Taxation..  See  construing 
this  section,  Louisville  School  Board 
V.  City  of  Louisville,  113  S.  W.  883, 
as  to  the  right  to  off-set  taxes  of  a 
water  company  against  the  price  of 
water  furnished  the  Citv;  City  of 
Louisville  v.  Com.,  134  Ky.  488;  121 
S  .W.  411,  holding  the  act  requiring 
a  minimum  school  tax  of  -HG  cents  not 
in  violation  of  the  Constitution;  City 
of  Louisville  v.  Com.,  154  Ky.  316; 
157  S.  W.  379,  holding  that  the  ex- 
emptions to  new  industries  given  by 
such  an  ordinance  does  not  apply  to 
school  tax  as  the  schools  are  not  con- 
sidered municipal  institutions.  See 
also    North    Vernon    Lumber    Co.    v. 


City   of   Louisville,   163   Ky.  469;    173 
S.  W.  1120.     See  see.  2978a  (25). 

§  2971.  For  cases  construing  this 
section  as  vesting  escheated  prop- 
erty in  school  boards,  see  Com.  v. 
Thomas'  Adm'x.,  140  Ky.  789;  131 
S.  W.  797;  German  Ins.  Co.  v.  Com., 
141  Ky.  606;  133  S.  W.  793;  Louis- 
ville Banking  Co.  v.  Com.,  142  Ky. 
(i90;  Louisville  Jns.  Co.  v.  Com.,  147 
Ky.  72;  143  S.  W.  1044.  See  also 
construing  this  section.  Com.  v.  C.  S. 
&  N.  0.  E.  Co.,  124  Ky.  497;  99  S.  W. 
596;  Louisville  School  Board  v.  King, 
127  Ky.  824;  107  S.  W.  247;  Com.  v. 
Louisville  Public  Librarv,  151  Ky. 
420;  152  S.  W.  262. 


2974 


CITIES  OF  THE  FIRST  CLASS. 


929 


§  2974.     Census (Repealed  by  act  of  March  4,  1910.) 

§  2975.     Eligibility.     (Repealed  by  act  of  March  4,  1910.) 
§  2976.     Member    becoming    disqualified — office    vacated.     If, 

after  election,  any  member  of  the  board  should  become  a  candi- 
date for  nomination  or  for  any  office  or  agency,  the  holding  and 
discharging  of  which  would  have  rendered  him  ineligible  before 
his  election,  or  should  he  remove  out  of  the  district  for  which  he 
was  chosen,  or  should  he  do  or  incur  anything  which  would  have 
rendered  him  ineligible  for  election,  or  should  any  of  the  relatives 
above  specified  be  employed  by  the  board,  his  office  shall  become 
vacant  and  be  filled  as  herein  directed. 

§  2977.  Members  privileged  in  debate.  Members  of  the  board 
shall  not  be  elsewhere  called  in  question  for  language  used  in 
debate. 

§  2978.     (Repealed  by  act  of  March  4,  1910.) 

§  2978a.  Board  of  Education  created — powers.  Every  city  in 
this  State  of  the  first  class  shall  be  and  constitute  a  single  school 
district,  and  the  supervision  and  government  of  common  schools, 
kindergartens,  high  schools,  manual  training  schools  and  normal 
schools,  and  all  such  school  property  therein  shall  be  vested  in  a 
board  of  five  members  to  be  known  as  the  "Board  of  Education 

of   .  .  „ ,  Kentucky,"    (in  which  title  the  name  of 

such  city  shall  be  inserted).  Such  Board  of  Education  shall  be  a 
body  corporate  and  shall,  by  and  in  said  name,  sue  and  be  sued, 
purchase,  receive,  hold  and  sell  property,  do  all  things  necessary 


§  2974.  (1)  Census  of  school  chil- 
dren —  reports      to       Superintendent. 

The  provision  m  this  section  that  a 
census  of  school  children  shall  be 
taken  every  five  years  is  not  in  vio- 
lation of  the  Constitution.  The  State 
superintendent  may,  in  a  judicial  pro- 
ceeding, question  the  accuracy  of  the 
reports  made  to  him  of  the  number 
if  children.  Louisville  School  Board 
V.  Supt.  Public  Instruction,  120  Ky. 
394;  43  S.  W.  7 IB. 

(2)  In  Louisville  School  Board  v. 
City  of  Louisville,  103  Ky.  421;  45 
S.  W.  1047,  a  portion  of  the  section 
as  amended  by  act  of  March  12,  1898, 
is  held  unconstitutional.  Since  this 
decision    section    has    been    amended. 

§  2975.  This  section  held  declara- 
tory of  the  common  law,  and  con- 
tracts    in     which     members     of     the 


School  Board  are  interested  are  void, 

Bornstein  v.  Louisville  School  Board, 
122  S.  W.  522;  137  Kv.  108.  See  sec. 
2978a    (4). 

§  2978a.  (1)  For  cases  construing 
these  and  similar  provisions,  see  cases 
cited  to  sections  2950-2978.  The  dis- 
count allowed  by  the  charter  of  the 
city  for  payment  of  taxes  before  they 
become  due,  applies  also  to  the  levy 
for  school  purposes.  Board  of  Edu- 
cation v.  Sea,  167  Ky.  772;  181  S.  W. 
670. 

"(2)  Where  common  school  property 
is  embraced  in  an  annexation  it  be- 
comes the  property  of  the  Board  of 
Education  of  the  City.  Board  of  Ed- 
ucation of  Jefferson  Co.  v.  Board  of 
EduL-ation  of  Citv  of  Louisville,  182 
Ky.   544;   206  S.  W.  869. 


930  AN  ACT  FOR  THE  GOVERNMENT  OF  2978a 

to  accomplish  the  purpose  for  which  such  school  district  is  organ- 
ized, and  succeed  to  all  the  property,  rights  and  privileges  granted 
to  and  belonging  to  any  previous  School  Board  of  such  city.  Pro- 
vided, that  all  pending  suits  in  which  any  such  previous  School 
Board  is  a  party,  may  be  prosecuted  to  an  end  in  the  name  of  such 
party. 

2.  Powers  and  duties.  Every  such  Board  of  Education  shall 
have  exclusive  control  of  the  common  schools,  including  kinder- 
gartens, high  schools,  manual  training  schools  and  normal  schools 
as  hereinafter  provided,  and  of  common  school  property  in  such 
city;  shall  exercise  generally  all  powers  in  the  administration  of 
the  common  school  system  therein,  appoint  such  officers,  agents 
and  employes  as  it  may  deem  necessary  and  proper  and  fix  their 
compensation;  and  shall  have  power  to  fix  the  time  of  its  meet- 
ings, to  make,  amend  and  repeal  rules  and  by-laws  for  its  meet- 
ings, and  proceedings,  for  the  government,  regulation  and  man- 
agement of  the  common  schools  and  schol  property  in  such  city, 
for  the  transaction  of  its  business,  and  for  the  examination, 
qualification  and  employment  of  teachers,  which  rules  and  by- 
laws shall  be  binding  on  such  Board  of  Education  and  all  parties 
dealing  with  it  until  formally  repealed  by  an  affirmative  vote  of 
four  members  of  said  Board ;  to  provide  for  special  and  stand- 
ing committees,  and  to  certify  to  the  General  Council  the  amount 
of  money  necessary  for  the  maintenance  and  improvement  of  the 
schools  as  hereinafter  provided,  and  to  purchase  and  hold  all 
property,  real  and  personal,  necessary  for  the  purposes  of  public 
education,  to  build  and  construct  improvements  for  such  pur- 
poses, and  to  hold  or  sell  the  same. 

3.  Real  estate — power  to  purchase  or  condemn.  It  shall  also 
have  power,  when  unable  to  contract  with  the  owner  of  any  real 
estate  necessary  to  the  proper  accomplishment  of  the  purpose  for 
which  said  Board  is  created,  to  institute  condemnation  proceed- 
ings in  accordance  with  the  law  governing  railroad  corporations 
incorporated  under  the  laws  of  this  Commonwealth ;  and  to  have 
in  such  proceedings  the  same  rights,  powers,  privileges  and  re- 
strictions as  are  now  granted  to  or  conferred  upon  such  railroad 
corporations.  Such  Board  of  Education  shall  have  all  the  powers 
of  other  school  districts  under  the  laws  of  this  State,  except  as 
herein  provided. 

4.  Eligibility  of  members  of  board.  No  person  shall  be  eligible 


2978a CITIES  OF  the  first  class. 931 

to  the  office  of  member  of  the  Board  of  Education  who  has  not 
attained  the  age  of  thirty  years  and  one  who  is  not  a  housekeeper 
or  is  not  the  owner  of  real  estate  in  said  city,  and  who  is  not  a 
citizen  of  and  a  bona  fide  resident  of  this  Commonwealth  and  of 
the  city  for  which  he  is  elected,  for  three  years  next  preceding 
the  election ;  or  who  holds  or  discharges  any  office,  deputyship  or 
agency  under  the  city,  or  any  district  or  county,  or  under  the 
State  of  Kentucky,  or  any  department,  thereof,  or  under  the 
United  States  or  any  foreign  government,  except  that  of  notary 
pubhc  or  militia  officer  of  Kentucky.  No  person  shall  be  eligible 
to  this  office  who,  at  the  time  of  his  election,  is  directly  or  indi- 
rectly interested  in  any  contract  with  the  Board,  or  who  holds 
any  office  of  trust  or  agency  of  or  draws  a  salary  from  any 
corporation  which  holds  any  contract  with  the  Board,  or  whose 
father,  son,  brother,  wife,  daughter  or  sister  is  employed  as 
teacher,  or  in  any  other  capacity  by  such  Board,  or  in  any  of  the 
public  schools,  or  who  is.  directly  or  indirectly,  interested  in  the 
sale  to  the  Board  of  books,  stationery  or  other  property.  If  he 
shall,  after  election,  become  a  candidate  for  any  office  or  agency  or 
for  the  nomination  thereto,  the  holding  and  discharging  of  which 
would  have  rendered  him  ineligible  before  election,  or  if  he  shall 
remove  out  of  the  city  for  which  he  was  chosen,  or  if  he  shall  do 
or  incur  anything  which  would  have  rendered  him  ineligible  for 
election,  or  if  any  of  his  relatives  above  specified  be  employed 
by  the  Board,  his  office  shall,  without  further  action,  be  vacant 
and  it  shall  be  filled  as  dijected. 

5.  Compensation  of  members.  No  compensation  shall  be  paid 
to  the  members  of  the  Board,  but  they  shall  be  exempt  from  jury 
duty  and  from  service  as  election  officers  during  their  term  of 
office. 

6.  Term  of  office.  The  members  of  said  Board  of  Education 
shall  be  elected,  except  as  specified  in  Section  7  of  this  Act,  for 
the  term  of  four  years  by  the  qualified  voters  of  such  city.  They 
shall  be  elected  from  the  city  at  large,  and  such  election  shall  be 
held  under  the  provisions  of  the  general  laws  governing  city  elec- 
tions, so  far  as  they  are  not  inconsistent  with  the  provisions  of 
this  Act. 

7.  Election  by  secret  ballot — general  election  law  to  control. 
All  elections  for  members  of  the  Board  of  Education  shall  be  by 
secret  ballot,  and  the  ballot  shall  be  on  a  separate  sheet  from  all 


932  AN  ACT  FOR  THE  GOVERNMENT  OF 2978a 

other  ballots  to  be  used  in  any  election.  It  shall  be  the  duty  of 
the  County  Clerk  of  any  county,  in  which  a  city  of  the  first  class 
is  situated,  to  cause  to  be  printed  on  said  ballot  the  names  of  all 
candidates  for  membership  of  the  Board  of  Education  of  such 
city,  in  whose  behalf  he  may  be  petitioned  so  to  do  in  writing  by 
not  less  than  four  hundred  electors  of  said  city.  The  petitions 
must  be  filed  in  the  office  of  the  County  Clerk  not  more  than  sixty 
days  nor  less  than  fifteen  days  before  the  day  of  election,  and  each 
petition  must  be  signed  by  the  requisite  number  of  qualified  per- 
sons, and  shall  show  the  place  of  residence  of  each  person  signing 
it,  and  no  person  shall  sign  more  petitions  than  the  number  of 
offices  to  be  filled.  If  the  nomination  is  to  fill  a  vacancy,  the  peti- 
tion shall  so  state.  Where  the  same  person  shall  be  nominated 
for  a  full  term  and  to  fill  a  vacancy,  he  shall  be  accepted  as  a  can- 
didate for  the  full  term. 

Said  ballot  shall  be  in  the  form  prescribed  for  ballots  by  the 
general  election  law  of  the  State,  except  that  no  party  or  other 
emblem  or  distinguishing  mark  shall  be  placed  upon  said  ballot, 
save  the  words,  "School  Ticket"  at  the  head  thereof;  and  that  the 
names  of  all  candidates  for  membership  in  the  Board  of  Educa- 
tion shall  be  printed  on  said  ballot  in  a  single  column.  The  names 
shall  be  printed  on  the  first  one  hundred  ballots  as  arranged  in 
order  by  lot.  On  each  of  the  succeeding  one  hundred  ballots  the 
names  shall  be  printed  in  the  same  order,  save  that  the  last  name 
on  the  preceding  one  hundred  ballots  shall  be  shifted  to  the  first 
place;  and  so  on  thereafter  throughout,  a  like  change  being 
made  in  the  printed  order  of  names  for  every  one  hundred  bal- 
lots. As  many  additional  lines  shall  be  left  blank  as  there  are 
members  to  be  elected. 

The  provisions  of  the  general  election  law  of  the  State  of  Ken- 
tucky as  to  the  duties  of  County  Clerks  and  other  public  officers 
in  the  matter  of  printing  and  distributing  ballots,  of  the  issuing 
them  to  voters,  of  receiving  and  depositing  them  in  the  ballot 
boxes,  and  of  counting  and  preserving  them,  and  in  all  other  par- 
ticulars, except  as  otherwise  provided  herein,  shall  be  applicable 
in  all  respects  to  the  election  of  members  of  the  Board  of  Educa- 
tion ;  Provided,  that  it  shall  be  the  duty  of  the  Sheriff  of  each 
county  in  which  a  city  of  the  first  class  is  situated,  to  provide  for 
each  precinct  in  said  city  a  separate  box  for  the  reception  of  the 
ballots  used  in  the  election  of  members  of  the  Board  of  Education. 


2978a CITIES  of  the  first  class. 933 

And  Provided,  further,  that  it  shall  be  the  duty  of  the  judge  of 
election  of  the  opposite  political  party  to  the  clerk  of  the  election 
in  each  precinct  to  issue  the  school  ballots  in  the  same  manner  as 
other  ballots  are  issued  by  the  clerk  of  election  by  writing  the 
name  and  residence  of  the  voter  upon  the  primary  stub,  and  his 
registered  number  upon  the  secondary  stub  of  the  school  ballot, 
and  by  observing,  as  to  these  ballots,  such  other  regulations  for 
the  issue  and  deposit  of  ballots  as  may  be  prescribed  for  elec- 
tions generally.  It  shall  be  unlawful  for  an  election  officer  or 
other  person  within  the  election  booth  to  tell  or  to  indicate  by 
word  of  mouth  or  otherwise  to  a  voter  what  may  be  the  political 
affiliations  of  any  candidate,  and  a  violation  of  this  provision  shall 
be  a  misdemeanor  punishable  by  fine  not  exceeding  two  hundred 
dollars. 

8.  Members  to  be  voted  for.  Each  voter  may  vote  for  as 
many  of  said  candidates  as  there  are  members  to  be  elected  by 
making  a  cross  in  the  square  opposite  the  name  of  each  candidate 
for  which  he  wishes  to  vote.  The  candidates,  in  number  equal  to 
the  number  of  members  to  be  chosen,  who  have  the  highest  num- 
ber of  votes  shall  be  declared  elected.  If  at  any  election  a  member 
is  to  be  chosen  to  fill  a  vacancy  and  to  serve  out  an  unexpired 
term,  candidates  may  be  chosen  as  above  provided,  but  they  shall, 
in  all  cases,  be  designated  on  the  ballots  as  candidates  to  fill  a 
vacancy,  and  the  date  of  the  unexpired  term  shall  be  stated. 

9.  Organization  of  board.  At  the  general  election  occurring 
in  the  month  of  November,  1910,  five  members  of  the  Board  of 
Education  shall  be  elected  as  herein  provided.  After  having  qual- 
ified by  taking  the  oath  prescribed  by  law,  they  shall  assume  office 
on  the  first  day  of  January,  1911,  and  shall  meet  at  the  offices  of 
the  present  School  Board  of  said  city  at  twelve  o'clock  noon,  and 
shall  proceed  to  organize  by  electing  one  of  their  number  Presi- 
dent, and  another  Vice  President.  Within  one  week  after  the 
organization  of  said  Board  it  shall  meet  to  divide  its  members 
by  lot  in  such  manner  as  they  shall  determine  into  two  classes, 
as  follows:  The  first  class  consisting  of  two  members  shall  hold 
office  through  the  31st  day  of  December,  1912;  the  second  class 
consisting  of  three  members  shall  hold  office  through  the  31st  day 
of  December,  1914.  Thereafter  at  each  regular  election  held  in 
November  of  each  even-numbered  year,  members  shall  be  elected 
as  hereinbefore  provided,  to  take  the  place  of  those  whose  terms 


934 AN  ACT  FOR  THE  GOVERNMENT  OF 2978a 

will  next  expire,  and  the  members  so  chosen  shall  hold  office  for 
four  years,  or  until  their  successors  are  elected  and  qualified. 

10.  President  and  vice  president  to  be  elected.  At  its  first 
regular  meeting  after  the  first  day  of  January,  in  each  year  fol- 
lowing its  original  organization,  said  Board  of  Education  shall  re- 
organize by  electing  one  of  its  members  President,  and  another 
Vice    President. 

11.  Vacancies — how  filled.  Any  vacancy  in  said  board,  from 
whatever  cause  occurring,  shall  be  temporarily  filled  by  the  other 
members  of  the  Board  as  soon  as  practicable  after  such  vacancy 
occurs.  The  member  so  chosen  shall  hold  oflJice  until  his  successor 
is  elected  and  qualified,  subject  to  the  provisions  of  Section  152 
of  the  Constitution  of  Kentucky. 

12.  School  Board  to  surrender  school  property.  When  mem- 
bers of  the  Board  of  Education  shall  have  been  elected,  shall  have 
qualified,  and  shall  have  organized  as  hereinbefore  provided, 
thereupon  it  shall  become  the  duty  of  the  existing  School  Board 
and  all  officers,  agents  and  employes  thereof  to  surrender  their 
places  and  to  deliver  to  said  Board  of  Education  all  the  common 
school  property,  both  real  and  personal,  of  every  kind  whatsoever, 
and  the  control  and  management  of  the  common  school  affairs  of 
such  city:  Provided,  that  until  such  Board  of  Education  shall  be 
organized,  the  administration  of  common  schools  and  the  man- 
agement of  school  property  in  such  city  shall  remain  in  the  con- 
trol of  the  existing  School  Board  in  the  same  manner  and  with 
the  same  powers  as  existed  prior  to  the  passage  of  this  Act. 

All  rules  and  by-laws  made  by  any  existing  School  Board  at 
such  time  vested  in  such  city  with  the  management  of  the  com- 
mon schools  shall  continue  in  force,  so  far  as  consistent  with 
thfe  Act,  until  repealed  or  altered  by  a  majority  of  such  Board 
of  Education. 

Provided,  further,  that  the  first  Board  of  Education  may  con- 
tinue the  employment  and  service  of  any  existing  officers,  teach- 
ers, agents  or  other  employes,  in  their  several  capacities  in  con- 
nection with  the  administration  of  school  affairs,  until  such  time 
as  they  effect  the  change  of  administrative  system  applicable  to 
the  common  schools  as  contemplated  in  this  Act;  and  said  Board 
of  Education  may  thereafter  retain  or  remove  any  agents,  teach- 
ers, janitors,  engineers  or  other  employes  then  rendering  service 
in  connection  with  the  public  schools  of  said  city. 


2978a CITIES  of  the  first  class. . 935 

13.  Rules  and  by-laws.  It  shall  be  the  duty  of  said  Board  of 
Education,  within  sixty  days  after  its  organization,  to  adopt  rules 
and  by-laws  for  its  meetings  and  proceedings,  and  for  the  gcv- 
ernment,  regulation  and  management  of  the  schools  and  school 
property,  and  for  the  examination,  qualification  and  employment 
of  teachers.  And  such  rules  or  by-laws  may  be  changed,  altered, 
or  set  aside,  only  upon  an  affirmative  vote  of  four  (4)  members 
of  the  Board. 

14.  Appointment  of  officers.  It  shall  be  the  duty  of  said 
Board  of  Education,  as  soon  as  practicable  after  its  organizai:ion, 
to  appoint  a  Superintendent  of  Schools,  a  Business  Director,  a 
Secretary  and  Treasurer,  and  such  other  officers,  employes  and 
agents  as  it  may  deem  proper :  Provided,  that  no  such  officer,  em- 
ploye or  agent  shall  be  a  member  of  said  Board. 

15.  Superintendent  of  schools  appointed  for  one  year — powers 
and  duties.  The  Board  of  Education  shall  appoint  a  Superin- 
tendent of  Schools  who  shall  serve  a  term  of  one  year,  but  when- 
ever a.  Superintendent  who  shall  have  served  one  year  shall  be 
re-elected,  his  re-election  shall  be  for  a  term  of  four  years.  His 
compensation  shall  be  changed  during  the  term  for  which  he  is 
elected.  He  may  be  removed  at  any  time  by  a  vote  of  three-fifths 
of  the  entire  Board.  The  Board  of  Education  may,  on  the  nomi- 
nation of  the  Superintendent  of  Schools,  appoint  as  many  Assist- 
ant Superintendents  as  it  may  deem  necessary,  whose  compen- 
sation shall  be  fixed  by  the  Board,  and  who  may  be  removed  by 
the  Superintendent  with  the  approval  of  the  Board.  The  Super- 
intendent of  Schools  shall  qualify  by  taking  the  oath  prescribed 
by  law.  He  shall  have  general  supervision,  subject  to  the  con- 
trol of  the  Board  of  the  course  of  instruction,  discipline  and 
conduct  of  the  schools,  text-books  and  studies ;  and  all  appoint- 
ments, promotions  and  transfers  of  teachers  and  truant  officers, 
and  introduction  and  changes  of  text-books  and  apparatus,  shall 
be  made  only  upon  the  recommendation  of  the  Superintendent 
and  the  approval  of  the  Board.  The  Superintendent  shall  have 
the  power  to  suspend  any  teacher  or  truant  officer  for  cause 
deemed  by  him  sufficient,  and  the  Board  of  Education  shall  take 
such  action  upon  the  restoration  or  removal  of  such  person  as  it 
may  deem  proper.  All  appointments  and  promotions  of  teachers 
shall  be  made  upon  the  basis  of  merit,  to  be  ascertained,  as  far  as 
practicable,  in  cases  of  appointments,  by  examination,  and  in 


936  AN  ACT  FOR  THE  GOVERNMENT  OF 2978a 

cases  of  promotion,  by  length  and  character  of  service.  Exami- 
nation for  appointment  shall  be  conducted  by  the  Superintendent 
in  accordance  w^ith  the  State  law  for  the  certification  of  teachers 
and  under  such  other  regulations  as  may  be  made  by  the  Board. 
The  Superintendent  of  Schools  shall  devote  himself  exclusively  to 
the  duties  of  his  office,  and  shall  have  power  to  appoint  clerks, 
whose  number  and  salaries  shall  be  fixed  by  the  Board,  and  shall 
have  power  to  remove  same ;  shall  exercise  a  general  supervision 
over  the  schools  of  the  city,  examine  their  condition  and  progress 
and  shall  keep  himself  informed  as  to  the  progress  of  education 
in  other  cities.  He  shall  advise  himself  of  the  need  of  extension 
of  the  School  System  of  the  city,  shall  make  reports,  from  time 
to  time,  as  may  be  fixed  by  the  rules  or  directed  by  the  Board, 
and  shall  be  responsible  to  the  Board  for  the  condition  of  the 
instruction  and  discipline  of  the  schools. 

The  term  "teachers,"  as  used  herein,  shall  include  supervisors, 
supervising  principals  and  principals. 

16.  Business  director — compensation — duty.  The  board  shall 
appoint  a  Business  Director  who  shall  serve  for  a  term  of  one 
year,  but  whenever  a  Business  Director  who  shall  have  served 
one  year  shall  be  re-elected,  his  re-election  shall  be  for  a  term  of 
four  years,  but  he  may  be  removed  at  any  time  by  a  vote  of  three- 
fifths  of  the  entire  Board.  His  compensation  shall  not  be  changed 
during  the  term  for  which  he  is  elected.  The  Business  Director 
shall  qualify  by  taking  the  prescribed  oath,  and  shall  be  the  execu- 
tive oflficer  of  the  Board.  He  shall  execute  for  the  Board  in  the 
name  of  the  Board  its  contracts  and  obligations ;  he  shall  see  that 
all  contracts  made  by  or  with  said  Board  are  fully  and  faithfully 
performed ;  he  shall  have  the  care  and  custody  of  all  property  of 
the  Board  of  Education,  real  and  personal,  except  moneys;  he 
shall  oversee  the  construction  of  buildings  in  process  of  erection 
and  repairs  of  buildings  owned  or  controlled  by  the  Board ;  shall 
advertise  for  bids,  and  shall  purchase  all  supplies  and  equipments 
authorized  by  the  Board ;  and,  generally,  shall  execute  and  carry 
into  effect  all  matters  and  things  authority  for  which  shall  have 
been  granted  by  the  Board,  as  herein  provided. 

17.  Bond  to  be  given  by  business  director.  The  busmess 
director  shall  devote  his  entire  time  to  the  duties  of  his  office,  and 
shall  receive  an  annual  salary  to  be  fixed  by  the  Board  of  the 
beginning  of  each  term,  and  payable  monthly  out  of  the  School 


2978a CITIES  OF  the  first  class.   937 

Fund  of  the  city.  Before  entering  upon  the  discharge  of  the 
duties  of  his  office  he  shall  give  a  bond  for  the  faithful  perform- 
ance thereof  in  the  sum  of  ten  thousand  dollars,  with  a  surety 
company,  to  be  approved  by  the  Board,  which  bond  shall  be  paid 
for  by  the  Board  and  deposited  with  the  Secretary  and  Treasurer 
within  twenty  days  from  date  of  election,  and  preserved  by  him. 

18.  Janitors  and  engineers  to  be  appointed  by  business 
director.  Subject  to  the  approval  of  the  Board  of  Education  as 
to  the  number  and  salaries,  the  business  director  shall  have  power 
to  appoint,  with  the  approval  of  the  Board  of  Education,  as  many 
engineers,  janitors  and  other  employes  and  agents  as  may  be 
necessary  for  the  proper  performance  of  the  duties  of  his  depart- 
ment, for  whom  he  shall  be  responsible,  and  whom  he  shall  have 
power  to  remove ;  but  the  Board  of  Education  may  provide  for  a 
competitive  examination  for  the  positions  of  janitors  and  engi- 
neers; and  when  such  provision  shall  have  been  made,  the  busi- 
ness director  shall  be  required  by  the  Board  to  appoint  janitors 
and  engineers  from  the  list  obtained  by  such  examination.  He 
shall  appoint  such  assistants  and  deputies  as  may  be  authorized 
by  the  Board,  whose  compensation  shall  be  fixed  by  the  Board  and 
one  of  said  assistants  shall  be  a  trained  and  educated  mechanical 
engineer,  qualified  to  design  the  heating,  ventilating  and  sanitary 
machinery  and  apparatus  connected  with  the  school  buildings. 
Such  assistants  and  deputies  shall  be  subject  to  removal  by  the 
business  director  who  shall  be  responsible  for  the  proper  perform- 
ance of  their  duties.  He  shall  perform  such  other  duties  as  may 
be  required  of  him  by  the  Board. 

19.  Business  director  to  estimate  cost  of  work — how  arranged 
for — when  done  by  director  or  by  contract — lowest  and  best  bid 
— emergency  work — board  may  restrict  authority.  Work  of 
construction,  alteration  or  repair  may  be  done  by  contract  or  di- 
rectly by  the  Business  Director.  -  < 

(a)  The  Business  Director  shall  make  a  careful  estimate  of 
the  cost  of  any  such  work.  If  the  estimate  exceeds  $100.00  in 
amount  he  shall  submit  it  in  writing  to  the  Board  of  Education, 
and  the  work  must  in  such  case  be  done  by  contract  let  by  the 
Board,  unless  the  Board  shall  order  it  done  directly  by  the  Busi- 
ness Director,  and  shall  state  in  its  order  the  amount  of  the  esti- 
mate and  the  Board's  reason  for  ordering  it  to  be  done  directly. 
If  such  order  be  entered  the  Business  Director  shall  proceed  with 


938 AN  ACT  FOR  THE  GOVERNMENT  OF 2978a 

the  work.  If  no  such  order  is  entered  and  the  work  is  to  be  done, 
the  necessary  plans  and  specifications  shall  be  prepared,  bids  shall 
be  solicited  by  such  advertisement  as  the  Board  may  provide,  and 
the  contract  shall  be  made  by  the  Board  after  public  letting  to  the 
lowest  responsible  bidder,  but  the  Board  may  reject  all  bids. 

(b)  Where  the  Business  Director's  estimate  of  the  cost  of  any 
work  of  construction,  alteration  or  repair  does  not  exceed  $100.00 
he  shall  preserve  such  estimate  in  his  office,  and  he  may  proceed 
to  do  such  work  directly  or  by  contract,  and  in  the  latter  case  the 
contract  may  be  made  for  the  board  by  him.  Before  making  any 
such  contract  he  shall  prepare  plans  and  specifications  if  neces- 
sary, shall  solicit  bids  in  such  manner  as  the  Board  shall  provide, 
and  he  shall  make  the  contract  with  the  lowest  responsible  bidder, 
but  he  may  reject  all  bids. 

(c)  An  exception  to  the  foregoing  rules  is  allowed  where,  in 
the  opinion  of  the  Business  Director,  an  emergency  exists  and  his 
estimate  of  the  cost  of  the  work  does  not  exceed  $250.00.  In  such 
case  the  business  director  may  proceed,  without  action  by  the 
Board,  to  do  such  work  directly,  or  by  contract  made  for  the 
Board  by  him.  If  in  such  case  he  proceeds  by  contract  he  may 
award  the  contract  without  plans  or  specifications  and  without 
solicitation  of  bids.  In  every  case  coming  under  this  para- 
graph (c)  the  Business  Director  must  report  in  writing  his  action 
to  the  next  regular  meeting  of  the  Board,  and  he  must  state  in  the 
writing  the  cost  of  the  work  and  his  reasons  for  considering  that 
an  emergency  existed. 

(d)  Where  work  is  to  be  done  by  contract  no  bid  shall  be  enter- 
tained which  does  not  comply  with  the  specifications  and  with  the 
terms  of  the  letting. 

(e)  The  Board  may  withdraw  or  restrict  to  such  extent  as  it 
deems  proper  any  authority  by  this  section  conferred  upon  the 
Business  Director  to  do  work  either  by  contract  or  directly.  (As 
amended  by  an  act  of  1918  Legislature.) 

20.  Advertisement  for  supplies.  The  board  shall,  at  or  prior 
to  the  beginning'  of  each  fiscal  year,  cause  advertisements  to  be 
made  under  such  regulations  as  it  may  provide  for  proposals  for 
furnishing  the  supplies  required  in  the  schools  and  by  the  Board 
in  the  ensuing  year ;  and  every  contract  therefor  shall  be  awarded 
to  the  lowest  responsible  bidder  complying  with  the  terms  of  the 
letting:  Provided,  however,  that  said  Board  shall  have  and  re- 


2978a CITIES  OF  the  first  class. 939 

serve  the  right  to  reject  all  bids.  If  other  supplies  are  required 
during  the  year,  they  shall  be  furnished  under  contracts  awarded 
in  like  manner;  but  the  Board  may  authorize  the  purchase  of 
supplies  not  exceeding  one  hundred  dollars  in  amount  without 
letting  or  contract.  The  Board  shall  make  distribution  of  sup- 
plies through  such  agencies  and  in  such  manner  as  it  deems 
proper.     {As  amended  by  an  act  of  1918  Legislature.) 

21.  Secretary  and  treasurer  to  be  appointed.  The  board  shall 
appoint  an  officer,  who  shall  be  Secretary  and  Treasurer,  and 
shall  serve  for  a  term  of  one  year,  but  whenever  a  Secretary  and 
Treasurer  shall  have  served  one  year  and  be  re-elected,  his  elec- 
tion shall  be  for  a  term  of  four  years,  but  he  may  be  removed  at 
any  time  by  a  vote  of  three-fifths  of  the  entire  Board.  He  shall 
give  bond  in  such  sum  as  the  Board  may  require,  which  shall  not 
be  less  than  $50,000.00,  with  a  surety  company  to  be  approved  by 
the  Board,  such  bond  to  be  paid  for  by  the  Board  and  be  deposited 
with  the  President  of  the  Board  within  twenty  days  from  date 
of  election  and  preserved  by  him.  The  compensation  of  such 
officer  shall  shall  be  fixed  by  the  Board  of  Education  before  his 
election,  and  shall  not  be  changed  during  the  term  for  which  he 
is  elected.  He  shall  exercise,  subject  to  the  control  of  the  Board, 
general  supervision  over  the  fiscal  affairs  of  the  public  schools  of 
the  city,  the  collection  and  payment  of  funds  to  the  school  deposi- 
taries, and  the  disbursement  of  all  revenues  and  moneys  belong- 
ing to  the  Board.  He  shall  record  the  proceedings  of  the  Board 
in  such  manner  as  may  be  directed  by  the  Board,  and  shall  deposit 
daily  in  the  designated  depositary  of  the  Board  all  moneys  col- 
lected or  received  by  him  for  the  Board.  He  shall  furnish  to  the' 
Board  at  the  beginning  of  each  month  a  statement  of  receipts  and 
disbursements  of  the  preceding  month ;  and  at  the  end  of  the  fiscal 
year  he  shall  make  to  the  Board  a  full  and  comprehensive  report 
of  its  financial  affairs  for  the  preceding  year.  He  shall  be  the 
custodian  of  all  securities,  documents,  title  papers,  books  of  rec- 
ord and  other  papers  belonging  to  the  Board,  under  such  condi- 
tions as  the  Board  may  direct.  It  shall  be  his  duty  to  see  that 
no  liability  is  incurred  or  expenditure  made  without  due  authority 
of  law,  that  appropriations  are  not  over  drawn  and  that  all  ex- 
penditures are  charged  to  the  appropriations  for  which  they  are 
made.  Subject  to  the  approval  of  the  Board,  he  shall  have  power 
to  appoint  assistants,  for  whom  he  shall  be  responsible  and  whom 


940  AN  ACT  FOR  THE  GOVERNMENT  OF  2978a 

he  may  remove.    He  shall  perform  such  other  duties  as  may  be 
required  of  him  by  the  board. 

22.  Depositories  to  be  selected.  The  board  shall,  in  the  month 
of  June  of  each  year,  advertise  for  bids  from  the  banks  and  trust 
companies  in  such  city  for  the  current  deposits  of  such  board,  to 
be  secured  by  bond  with  surety  to  be  approved  by  the  board  in 
an  amount  to  be  fixed  by  the  board,  and  said  bids  shall  specify  the 
rate  of  interest  to  be  allowed  to  said  board  on  such  deposits  and 
the  nature  of  the  security  offered  and  such  deposits  shall  be  an- 
nually awarded  to  the  two  institutions,  banks  or  trust  companies 
that  offer,  with  the  required  security,  the  highest  rates  of  interest 
therefor  and  the  board  shall  cause  contracts  for  the  ensuing  year 
to  be  made  with  such  banks  or  trust  companies  so  receiving  the 
award  of  such  deposits.  All  moneys  due  the  board,  from  any 
source  whatever,  shall  be  paid  to  the  Secretary  and  Treasurer, 
who  shall  thereupon  cause  all  funds  received  to  be  paid  into  such 
designated  depositaries,  the  balances  in  each  to  be  kept  as  nearly 
equal  as  practicable.  The  fiscal  year  of  the  board  shall  end  on 
the  30th  day  of  June  of  each  year,  and  the  annual  contract  shall 
be  made  in  the  month  of  June  of  each  year  for  the  deposits  of  the 
succeeding  fiscal  year. 

The  funds  of  the  board  deposited  in  bank  shall  be  withdrawn 
only  on  the  order  of  the  board,  evidenced  by  the  check  of  its  Sec- 
retary and  Treasurer,  countersigned  by  the  President  of  the 
board,  or,  in  his  absence  or  disability,  by  the  Vice  President. 

23.  Apportionment  of  revenues.  It  shall  be  the  duty  of  the 
board  at  the  beginning  of  each  fiscal  year  to  apportion  the  reve- 
nues available  for  that  year  to  the  different  departments,  for  ex- 
penditure in  the  support  of  the  schools  for  that  year,  and  no 
report  or  resolution  shall  be  adopted  by  the  board  calling  for  the 
expenditure  of  money  unless  it  states  specifically  the  fund  from 
which  the  appropriation  is  to  be  made,  and  is  accompanied  by  the 
certificate  of  the  Secretary  and  Treasurer  showing  sufficient  bal- 
ance in  such  fund  available  for  such  expenditure. 

24.  Money  may  be  borrowed.  The  board  shall  have  power  to 
borrow  money  on  the  credit  of  the  board  in  anticipation  of  the 
revenue  from  school  taxes  for  the  fiscal  year  in  which  the  same 
is  borrowed  and  to  pledge  said  school  taxes  for  the  payment  of 
the  principal  and  interest  of  said  loan  :  P7-ovided,  that  the  interest 
paid  shall  in  no  case  exceed  six  per  cent  per  annum  and  the  prin- 


2978a CITIES  OF  the  first  class. 941 

cipal  shall  in  no  case  exceed  fifty  per  cent  of  the  anticipated 
revenue. 

25.  Tax  levy.  To  raise  money  for  the  maintenance  of  the 
schools  the  General  Council  shall  annually  cause  to  be  levied  and 
collected,  a  tax  of  not  less  than  thirty-six  (.36)  on  each  one  hun- 
dred ($100.00)  dollars  of  property  assessed  for  taxation  for  city 
purposes.  Upon  the  completion  of  the  assessment  of  property 
for  taxation,  the  amount  levied  as  above  shall  annually  be  passed 
to  the  credit  of  the  school  fund,  upon  the  books  of  the  city,  and 
the  said  amount,  as  collected,  shall  be  paid  over  to  the  board  by 
the  treasurer  of  the  city,  in  regular  monthly  installments,  the 
first  payment  to  be  made  within  one  week  after  the  collection  of 
said  amount  shall  have  been  commenced  and  the  other  payments 
to  be  made  weekly  thereafter  in  current  money  by  the  said  treas- 
urer as  collected. 

.  26.  School  fund.  For  the  maintenance  of  the  schools  there 
shall  be  appropriated  the  sum  or  sums  which  may  be  received 
from  year  to  year  as  the  city's  portion  of  the  school  fund  of  this 

Commonwealth. 

27.  Propei-ty  to  escheat.  So  much  real  or  mixed  property  in 
the  city  which,  from  alienage,  defeat  of  heirs,  failure  of  kindred 
or  other  causes,  shall  escheat  to  the  Commonwealth  of  Kentucky, 
shall  vest  in  the  board  for  the  use  and  benefit  of  the  common 
schools.  Said  board  may,  in  the  name  of  the  Commonwealth,  for 
the  use  and  benefit  of  the  common  schools  of  the  city,  by  its  Presi- 
dent or  other  officers  to  be  designated  by  it,  enter  upon  and  take 
possession  of  said  property  or  sue  for  and  recover  the  same  by  an 
action  at  law  or  in  equity,  and  without  oflfice  found.  The  board 
may  sell  and  convey  any  of  such  property  by  warranty  deed  or 
otherwise. 

28.  Duty  of  officers  as  to  collection  of  taxes.  All  officers  of 
any  city  of  the  first  class,  and  of  the  State,  concerned  with  the 
assessment  and  collection  of  taxes,  fines  and  penalties  shall  per- 
form such  duties  relating  to  the  levying  and  collection  of  school 
taxes  and  the  collection  of  such  fines  and  penalties,  and  the  pay- 
ment thereof  to  said  board  for  school  purposes,  as  are  now  im- 
posed by  the  existing  laws  upon  such  officers  in  relation  to  the 
levy  and  collection  of  school  taxes  and  the  collection  of  fines  and 
penalties  payable  to  the  school  funds;  and  nothing  in  this  Act, 
unless  inconsistent  therewith,  shall  b§  construed  as  repealing  any 


942 AN  ACT  FOR  THE  GOVERNMENT  OF 2978a 

existing  law  providing  for  the  assessment  and  collection  of  school 
taxes  in  such  city ;  and  all  powers  and  duties  conferred  by  existing 
law  upon  any  board  in  relation  thereto  shall  be  continued  in  the 
board  created  by  this  Act. 

29.  Books  to  be  audited  by  expert  accountant.  At  the  close 
of  each  fiscal  school  year  the  Mayor  of  such  city  shall  appoint  one 
or  more  expert  accountants,  who  shall  examine  the  books,  ac- 
counts and  vouchers  of  the  Secretary  and  Treasurer,  Business 
Director,  and  all  other  departments  of  expenditures  of  the  board, 
and  shall  make  due  report  thereof  to  the  Mayor  and  Board  of 
Education  of  such  city.  All  the  officers  and  employes  of  the 
board  shall  produce  and  submit  to  such  accountants  for  exami- 
nation of  all  books,  papers,  documents,  vouchers  and  accunts  in 
their  office  belonging  to  the  same  or  thereto  pertaining,  and  shall 
in  every  way  assist  said  accountants  in  their  work.  In  the  report 
to  be  made  by  said  accountants  they  may  make  any  recommenda- 
tion they  deem  proper  as  to  the  business  methods  of  such  officers 
and  employes.  A  reasonable  compensation  for  such  services 
shall  be  paid  by  the  board. 

30.  Kindergarten — powers  to  establish.  The  board  shall  have 
the  power  to  establish  and  maintain  the  kindergartens  for  chil- 
dren from  four  to  six  years  of  age,  high  schools,  manual  training 
schools  and  normal  school  and  normal  training  classes  for  the 
purposes  of  training  teachers  to  fill  positions  in  the  schools  of  the 
city,  and  to  this  end  it  may  prescribe  rules  and  regulations  for 
the  government  of  such  schools,  and  as  in  other  cases  it  may 
employ  the  principals  and  other  teachers  necessary  for  their 
efficient  management. 

31.  Separate  schools  for  white  and  colored  children.  The 
board  shall  provide,  maintain  and  support  separate  schools 
wherein  all  colored  children,  who  are  bona  fide  residents  of  said 
city,  between  the  ages  of  six  and  eighteen  years,  may  be  taught  in 
like  manner  as  herein  provided  for  white  children.  Said  school 
for  colored  children  shall  be  entitled  to  the  same  benefits,  be 
governed  by  the  same  rules  and  regulations,  and  be  subject  to  the 
same  restrictions  as  the  schools  herein  provided  for  white  chil- 
dren.    (Act  as  amended  1918  Legislature.) 

32.  Qualifications  of  pupils  fixed  by  board.  The  board  shall 
prescribe  the  necessary  qualifications  and  mode  of  examination 
for  applicants  for  admissi/)n  to  the  various  schools,  and  may 


2978a CITIES  OF  the  first  class. 943 

furnish  text-books  and  necessary  school  supplies  to  pupils  free  of 
charge  under  such  rules  and  regulations  as  it  may  adopt. 

33.  Religious  dogma.  No  formula  of  religious  belief  shall  be 
taught  or  inculcated,  nor  shall  any  class  or  any  text-book  be  used 
which  reflects  on  any  religious  denomination. 

34.  Pupils  admitted  from  beyond  city.  The  board  shall  have 
power  to  admit  to  the  school  pupils  from  beyond  the  city  limits, 
and  shall  collect  from  all  persons  so  admitted  tuition  fees  for  the 
benefit  of  the  school  fund  of  the  city,  but  may  make  equitable  al- 
lowance or  reduction  for  taxes  paid  for  schools  by  such  children 
or  their  parents  on  property  in  the  city.  Children  of  persons  re- 
siding outside  of  the  city  limits  shall  not  be  admitted  as  pupils 
into  any  of  the  public  schools,  except  upon  payment  of  such  tuition 
as  the  board  may  require  as  aforesaid. 

35.  Reports  to  be  made — census  to  be  taken.  A  city  of  the 
first  class  being  deemed  one  school  district  for  taxation  purposes 
and  entitled  to  its  proportion  of  the  common  school  fund  of  the 
Commonwealth,  the  Board  of  Education  of  such  city  shall  make 
detailed  reports  annually  and  special  reports  are  required  to  the 
State  Superintendent  of  Public  Instruction.  The  board  shall  also, 
in  the  year  1911,  and  every  third  year  thereafter,  take  the  census 
of  children  of  school  age  and  make  returns  thereof  to  the  Super- 
intendent of  Public  Instruction,  at  the  same  time  other  school 
officers  are  required  to  make  returns ;  and  for  the  neglect  of  this 
duty  the  members  of  the  board  shall  be  liable  to  the  same  penal- 
ties. This  census  shall  be  taken  under  regulations  approved  by 
the  State  Board  of  Education. 

For  the  years  in  which  no  census  is  required  to  be  taken,  the 
Superintendent  of  Public  Instruction  shall  determine  the  amount 
per  capita  to  be  paid  over  to  the  boards  of  education  of  such  cities 
by  adding  annually  to  the  number  of  children  of  school  age,  as 
shown  by  the  next  preceding  census  actually  taken,  such  increase 
or  addition  as  he  may  ascertain  to  be  the  annual  increase  of  chil- 
dren of  school  age  in  the  district  upon  averaging  the  yearly  in- 
crease shown  by  the  three  actual  enumerations  next  preceding: 
Provided,  however,  that  the  Board  of  Education  of  any  such  city 
or  the  Superintendent  of  Public  Instruction  may  elect  to  take  an 
actual  census  in  any  of  such  years,  in  which  case  the  return  of 
such  census  shall  govern. 


944 AN  ACT  FOR  THE  GOVERNMENT  OF 2978b 

36.  Report  of  business  director  and  treasurer.  The  board 
shall,  at  the  end  of  each  scholastic  year,  prepare  and  publish,  for 
the  information  of  the  public,  a  report  which  shall  include  the 
annual  reports  made  to  the  board  by  the  superintendent,  business 
director  and  secretary  and  treasurer,  together  with  such  other 
information  as  may  be  proper  and  necessary  to  an  understanding 
of  the  general  condition  and  educational  progress  of  the  schools 
during  the  preceding  year. 

37.  Penalty.  Any  member,  officer  or  employe  of  such  board 
who  shall  wilfully  violate  any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall,  unless 
otherwise  herein  provided,  be  punished  by  a  fine  of  not  more  than 
five  hundred  dollars  or  imprisonment  for  not  exceeding  one  year, 
or  by  both  fine  and  imprisonment  in  the  discretion  of  the  jury. 
But  nothing  herein  contained  shall  be  construed  as  suspending  the 
general  criminal  laws  of  the  State  so  far  as  applicable. 

38.  Repealing  clause.  The  general  school  laws  of  this  State 
and  all  laws  and  parts  of  laws  applicable  to  the  general  system 
of  common  schools  in  a  city  of  the  first  class  and  not  inconsistent 
herewith,  shall  be  in  full  force  and  effect  in  such  city.  (Act  of 
March  4,  1910.) 

§  2978b.  Board  may  purchase  sites  and  erect  buildings — sub- 
mission to  voters — bonds — tax.  That  in  cities  of  the  first  class 
whenever  the  Board  of  Education  shall  deem  it'necessary  for  the 
proper  accommodation  of  the  schools  of  such  city  to  purchase  a 
site  or  sites  or  to  erect  school  houses  for  the  high  schools  or  for 
the  other  schools,  or  to  purchase  land  for  the  enlargement  of  ex- 
isting school  yards,  or  for  any  or  all  of  these  purposes,  and  the 
annual  funds  raised  from  other  sources  are  not  sufficient  to  ac- 
complish said  purpose  or^purposes,  and  it  shall  deem  a  bond  issue 
to  be  necessary  therefor,  said  board  shall  make  a  careful  esti- 
mate of  the  probable  amount  of  money  required  for  such  purpose 
or  purposes  and  it  shall  certify  to  the  General  Council  of  said  city 
the  fact  that  an  election  for  an  issue  of  bonds  for  school  improve- 
ments should  be  held  together  with  the  amount  of  money  for 
which  bonds  shall  be  issued  and  the  purpose  or  purposes  to  which 
the  proceeds  thereof  shall  be  applied.    It  shall  thereupon  be  the 

§   2978b.   Right   of   women  to  vote      City  of  Louisville,  156  Ky.   530;    161 
on     school     bond     issue.      Stuessy    v.       S.  W.  564. 


2978c CITIES  OF  THE  FIRST  CLASS. 945 

duty  of  the  General  Council  to  adopt  an  ordinance  submitting  to 
the  qualified  voters  of  the  city  at  the  next  regular  municipal  elec- 
tion the  question  whether  bonds  of  the  city  to  the  amount  specified 
shall  be  issued  for  school  improvement  purposes.  The  bonds  so 
issued  shall  be  designated  as  "School  Improvement  Bonds,"  and 
the  ordinance  shall  provide  the  date  and  maturity  of  such  bonds, 
the  rate  of  interest  they  shall  bear,  and  the  total  amount  to  be 
issued;  and  the  ordinance  shall  also  contain  the  necessary  details 
in  reference  to  the  execution  and  delivery  of  said  bonds,  their 
denominations,  coupons  to  be  annexed,  tax  to  be  levied  to  pay  the 
interest  and  a  sinking  fund  to  retire  such  bonds  at  maturity.  No 
bond  issue  shall  ever  be  for  an  amount  exceeding  the  sum  of  one 
million  dollars.  The  question  to  be  submitted  shall  be  so  framed 
that  the  voter  may  by  his  vote  answer  for  or  against  the  issue 
of  bonds.  It  shall  be  the  duty  of  the  Mayor  of  the  city  to  see  to 
it  that  all  proper  steps  are  taken  to  secure  a  vote  of  the  people  up- 
on the  question,  conforming,  as  far  as  applicable,  to  the  proceed- 
ings in  case  of  an  election  for  members  of  the  Board  of  Education 
in  cities  of  the  first  class.  If  the  voters  of  the  city  shall  determine 
that  such  bonds  shall  be  issued,  they  shall,  when  so  issued,  be 
placed  under  the  control  of  the  Board  of  Education,  who  shall 
determine  when  and  at  what  price  and  how  they  shall  be  sold : 
Provided,  that  no  such  bonds  shall  be  sold  for  less  than  par ;  and, 
provided,  further,  that  any  premium  which  may  be  obtained  from 
said  bonds  shall  constitute  a  part  of  the  sinking  fund  for  their 
ultimate  retirement.  As  the  bonds  are  sold,  their  proceeds  shall 
be  placed  to  the  credit  of  the  board  in  the  same  depositaries  which 
are  selected  for  its  other  funds,  but  shall  be  kept  in  a  separate 
account  and  shall  be  used  only  for  the  purpose  for  which  the 
bonds  were  issued.  It  shall  be  the  duty  of  the  General  Council 
to  levy  annually  in  its  tax  levy  a  rate  that  will  raise  a  sum  that 
shall  be  sufficient  to  pay  the  interest  and  create  a  sinking  fund 
for  the  payment  of  the  bonds  at  maturity.  The  said  bonds,  prin- 
cipal and  interest,  shall  be  a  charge  upon  the  sinking  fund  of  said 
city,  and  it  shall  be  entitled  to  have  the  annual  tax  that  shall  be 
levied  as  aforesaid.     (Act  of  March  15,  1912.) 

§  2978c.  1.  Parents  to  have  children  enrolled — exceptions. 
That  every  parent,  guardian  or  other  person  in  any  city  of  the 
first,  second,  third  or  fourth  class,  having  the  custody,  control  or 
supervision  of  any  child,  or  children,  between  the  ages  of  seven 


946  AN  ACT  FOR  THE  GOVERNMENT  OF 2978c 

and  sixteen  years  inclusive,  shall  cause  such  child  to  be  enrolled 
in  and  to  attend  some  public  or  private  day  or  parochial  school 
regularly  each  school  year  for  a  full  term  or  period  of  said  school, 
provided  that  such  private  or  parochial  school  -term  shall  not  be 
for  a  shorter  period  during-  each  year  than  the  term  of  the  public 
schools  in  the  city  of  the  child's  residence:  Provided,  further, 
that  this  act  shall  not  apply  in  any  case  where  the  child  has  been, 
or  is  being  taught  at  home  in  such  branches  as  are  taught  in  the 
public  schools  for  a  like  period  of  time  and  subject  to  the  same 
examinations  as  other  pupils  of  the  city  in  which  the  child  re- 
sides; and  for  the  purpose  of  ascertaining  whether  or  not  any 
child  is  embraced  within  this  exemption  the  court  may  order  such 
child  to  submit  to  an  examination  to  be  given  by  the  city  superin- 
tendent of  schools.  Provided,  further,  that  this  section  shall  not. 
apply  to  any  child  who  is  excused  by  the  Board  of  Education  or 
School  Board  of  the  city  in  which  the  parent,  guardian  or  person 
having  the  custody,  control  or  supervision  of  such  child  or  chil- 
dren reside,  upon  it  being  shown  to  the  satisfaction  of  the  super- 
intendent or  chief  executive  officer  of  schools  upon  certificate  of 
the  health  officer,  which  certificate  shall  be  filed  in  the  office  of 
the  superintendent  of  schools,  that  such  child  is  not  in  proper 
physical  or  mental  condition  to  attend  school.  Provided,  further, 
that  the  provisions  of  this  act  shall  not  apply  to  any  child  between 
fourteen  and  sixteen  years  of  age  for  whom  an  employment  cer- 
tificate may  have  been  issued  in  accordance  with  the  provisions  of 
the  child  labor  law. 

2.  Penalty  for  failure  to  send  children  to  school.  Any  parent, 
guardian  or  other  person  having  the  custody,  control  or  super- 
vision of  any  child  embraced  within  the  provisions  of  this  act, 
who  shall  fail  to  comply  with  the  provisions  of  ths  act,  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall 
be  fined  in  any  sum  not  exceeding  twenty-five  ($25)  dollars  for 
the  first  offense  and  for  any  subsequent  offense,  upon  conviction 
thereof,  shall  be  fined  in  any  sum  not  exceeding  one  hundred 
($100)  dollars,  or  by  imprisonment  in  the  county  jail  for  any 
period  not  exceeding  fifty  days,  or  both  so  fined  and  imprisoned, 
in  the  discretion  of  the  court. 

3.  Penalty  for  making  false  statement  about  age  of  child — 
truant  children.  Any  parent,  guardian  or  other  person  having 
the  custody,  control  or  supervision  of  any  child,  embraced  within 


2978c  CITIES  OF  THE  FIRST  CLASS.  947 

this  act,  who,  with  the  intent  to  evade  the  provisions  of  this  act, 
shall  make  a  false  statement  concerning  the  age  of  such  child  or 
the  time  such  child  has  attended  school,  shall  be  deemed  guilty  of. 
a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  in  any 
sum  not  exceeding  one  hundred  ($100)  dollars,  or  by  imprison- 
ment in  the  county  jail  for  a  period  not  exceeding  fifty  days,  or 
both  so  fined  and  imprisoned,  in  the  discretion  of  the  court. 

Any  parent,  guardian  or  other  person  having  the  custody,  con- 
trol or  supervision  of  any  child  embraced  within  this  act,  who 
shall  be  proceeded  against  under  this  act,  may  prove  in  defence 
that  he  is  unable  to  compel  the  child  under  his  control  to  attend 
school,  and  he  may  be  thereupon  discharged  from  liability  and 
such  child  shall  be  proceeded  against  as  a  delinquent  child  under 
the  statutes  in  such  cases  made  and  provided. 

4.  Record  of  age.  A  passport,  a  duly  attested  transcript  of 
the  certificate  of  birth  or  baptism,  a  certified  copy  under  oath  of  a 
record  in  the  family  Bible,  or  other  religious  record,  showing  the 
date  and  place  of  birth  of  such  child  shall  be  produced  as  proof 
of  age.  In  case  such  certificate  or  record  as  heretofore  provided 
can  not  be  secured,  upon  proof  of  such  fact,  the  record  of  the  age 
stated  in  the  first  school  enrollment  to  be  found  shall  be  consid- 
ered as  evidence  thereof.  If  there  be  no  school  enrollment  show- 
ing such  fact,  other  evidence  as  to  the  age  of  such  child  may  be 
considered. 

5.  Fines  go  to  aid  of  schools.  Any  fines  or  penalties  provided 
for  in  this  act  shall  be  for  the  use  of  the  public  schools  of  the  city 
in  which  such  child  resides.  Any  such  fine  or  penalty  may  be 
recovered  by  rule  or  in  any  way  in  which  a  court  of  equity  may 
enforce  its  order  or  decrees. 

6.  Appointment  of  truant  officers — qualifications — examina- 
tion of — compensation — chief    truant   officer  may  be  appointed. 

In  the  first  week  of  July,  in  each  year  the  Board  of  Education  in 
each  city  of  the  first,  second,  third  and  fourth  classes  shall  appoint 
at  least  one  person  for  each  ten  thousand  (10,000)  children,  en- 
rolled in  the  school  census,  to  serve  as  truant  officers,  whose  term 
of  office  shall  be  during  the  pleasure  of  the  board  appointing  him, 
who  may  removed  at  any  time  by  said  board  for  cause  and  whose 
duties  shall  be  limited  to  the  city  where  the  appointment  is  made. 
If  in  any  such  city  there  shall  be  less  than  ten  thousand  (10,000) 


948  AN  ACT  FOR  THE  GOVERNMENT  OF 2978c 

children  enrolled  in  the  school  census,  there  shall  be  appointed,  as 
above,  one  truant  officer. 

Said  truant  officers  shall  be  residents  of  the  city  in  which  they 
are  appointed,  and  of  good  moral  character.  They  must  be  able 
to  read  and  write  with  ease.  In  cities  of  the  first  class  such 
truant  officers  shall  not  engage  in  any  other  occupation  during 
such  period  of  time  as  the  schools  are  in  session  each  year. 

Before  they  shall  be  eligible  for  appointment,  all  applicants, 
for  the  position  of  truant  officer,  shall  be  examined  by  the  super- 
intendent of  schools,  who  shall  certify  to  the  Board  of  Education 
only  such  persons  qualified  as  herein  provided. 

Such  truant  officer  shall  receive  from  the  tax  levy  for  school 
purposes  of  such  cities  not  less  than  one  ($1.00)  dollar,  nor  more 
than  three  ($3.00)  dollars  per  day  during  such  period  of  time  as 
he  may  be  employed  by  the  school  board. 

In  cities  of  the  first  class  the  Board  of  Education  may  appoint 
a  chief  truant  officer  in  addition  to  the  truant  officer  or  officers 
herein  provided  for,  or  may  designate  one  of  the  truant  officers 
as  provided  for,  as  chief  truant  officer.  Such  chief  truant  officer 
shall  be  called  the  Director  of  Attendance,  and  his  salary  shall  be 
fixed  by  the  Board  of  Education.  It  shall  be  the  duty  of  the 
director  of  attendance,  under  the  general  direction  of  the  super- 
intendent of  city  schools,  to  supervise,  control  and  direct  the  work 
of  all  truant  officers  appointed  in  such  city,  to  supervise,  control 
and  direct  the  taking  of  the  school  census  when  directed  by  the 
Board  of  Education,  and  to  cause  to  be  made  and  fully  kept,  re- 
ports from  all  truant  officers,  principals  and  teachers,  of  the 
workings  of  this  act,  and  he  shall  be  directly  charged  with  the 
duty  of  seeing  that  the  provisions  of  this  act  are  complied  with. 

In  cities  of  the  second  class  the  Board  of  Education  may  ap- 
point a  chief  truant  officer  in  addition  to  the  truant  officer  or  offi- 
cers herein  provided  for,  or  may  designate  one  of  the  truant 
officers  as  provided  for,  as  chief  truant  officer,  and  shall  be 
authorized  to  pay  such  chief  truant  officer  a  salary  of  not  exceed- 
ing twelve  hundred  ($1,200)  dollars  per  year  to  be  fixed  by  said 
board.  It  shall  be  the  duty  of  the  chief  truant  officer,  under  the 
general  direction  of  the  superintendent  of  city  schools,  to  super- 
vise, control  and  direct  the  work  of  all  truant  officers  appointed 
in  such  city.  Such  chief  truant  officer  shall  cause  to  be  made 
and  fully  kept,  reports  from  all  truant  officers,  principals  and 


2978c CITIES  OF  THE  FIRST  CLASS. 949 

teachers,  of  the  workings  of  this  act,  and  shall  be  directly  charged 
with  the  duty  of  seeing  that  the  provisions  of  this  act  are  com- 
plied with.    (As  amended  by  act  of  1916.) 

7.  Duties  of  truant  officers.  Truant  officers  shall  examine 
into  any  case  of  truancy  within  the  city  or  district,  and  when, 
from  personal  knowledge,  or  by  report  or  complaint  from  any 
resident  or  teacher  of  the  city  or  district  it  appears  that  any 
child,  subject  to  fhe  provisions  of  this  act,  is  absent  from  school 
without  lawful  excuse,  and  in  violation  of  the  provisions  of  this 
act,  or  is  persistently  truant  from  school,  the  truant  officer  shall 
immediately  give  written  notice  to  the  parents,  guardian  or  per- 
son having  the  custody,  control  or  supervision  of  such  child,  that 
the  attendance  of  such  child  is  required,  and  if  such  parent,  guar- 
dian or  person  having  the  custody,  control  or  supervision  of  such 
child  does  not  comply  immediately  with  the  provisions  of  this  act, 
then  such  truant  officer  shall  proceed  against  such  child  as  a 
delinquent  child,  and  against  such  parents,  guardian  or  person 
having  the  custody,  control  or  supervision  of  such  child  for  viola- 
tion of  this  act,  and  for  contributing  to  such  condition  of  delin- 
quency in  such  child.  It  shall  be  the  duty  of  all  truant  officers 
and  in  cities  having  no  chief  truant  officer  law  of  which  they  have 
any  knowledge.  In  cities  having  a  chief  truant  officer,  such  re- 
ports shall  be  made  to  such  chief  truant  officers  and  in  the  cities 
having  no  chief  truant  officer  such  reports  shall  be  made  by  truant 
officers  to  the  superintendent  of  city  schools.  All  such  violations 
aforesaid  shall  be  promptly  reported  by  the  superintendent  of 
schools  or  chief  truant  officer,  as  the  case  may  be,  to  the  labor 
inspector. 

8.  County  Cornet  has  jurisdiction  under  this  act.  The  County 
Court  of  the  respective  counties  of  the  Commonwealth  shall  have 
exclusive  jurisdiction  of  all  cases  coming  within  the  terms  and 
provisions  of  this  act. 

9.  Reports  by  teachers — truant  officers.  All  school  officers 
and  teachers  are  hereby  required  to  make  and  furnish,  upon  de- 
mand, any  report  that  may  be  required  by  the  Superintendent  of 
Public  Instruction,  or  by  the  Superintendent  of  Public  Schools  of 
cities  of  the  first,  second,  third  and  fourth  classes,  with  reference 
to  the  workings  of  this  act;  and  all  truant  officers  appointed 
under  this  act  shall  keep  a  full  record  of  the  work  done  by  them, 
in  books  to  be  furnished  them  for  that  purpose  by  the  State  Su- 


950  AN  ACT  FOR  THE  GOVERNMENT  OF  2978c 

perintendent  of  Public  Instruction.  The  Superintendent  of  Public 
Instruction  shall  make  and  publish  an  annual  report  of  the  work- 
ings of  this  act. 

,  Such  truant  officers  shall  be  under  the  direct  supervision  and 
control  of  the  City  Superintendent  of  Schools,  and  shall  report  to 
teachers,  principals,  or  other  persons  as  directed  by  him  and 
each  City  Superintendent  of  Schools  shall  compile  and  publish 
an  annual  report  of  the  work  of  the  truant  office  or  officers  under 
this  act. 

10.  Names  furnished  principals — absentees  to  be  reported  to 
truant  officers — children  not  attending  to  be  reported.  During 
the  month  of  August  in  each  year  the  Superintendent  of  Public 
Schools  in  cities  of  the  first,  second,  third  and  fourfn  classes  shall 
furnish  or  cause  to  be  furnished  by  the  truant  officer  or  officers 
of  said  city  to  the  principal  of  each  school  in  their  respective 
cities  a  list  of  all  children  between  the  ages  of  seven  and  sixteen 
years  entitled  to  attend  said  school,  in  such  form  as  may  be 
adopted  by  such  superintendent.  Said  list  shall  be  arranged  in 
such  form  as  such  superintendent  may  prescribe,  shall  contain 
the  name  and  age  of  each  child,  the  name  and  address  of  such 
child's  parents,  guardian  or  person  having  the  custody,  control 
or  supervision,  and  such  other  facts  as  may  be  required  by  the 
Superintendent  of  Public  Instruction,  or  Superintendent  of 
Schools  of  the  city  of  the  first,  second,  third  and  fourth  classes. 

The  principal  of  each  school  in' cities  of  the  first,  second,  third 
and  fourth  classes  shall  report  each  day,  if  possible,  or  at  such 
times  as  he  may  be  directed  by  the  Superintendent  of  Schools 
during  such  period  of  time  as  the  schools  are  in  session  each  year 
in  the  respective  cities,  to  the  superintendent  of  public  schools 
in  the  city  in  which  such  school  is  situated,  or  to  a  truant  officer, 
if  so  directed  by  the  superintendent,  the  name  and  address  of 
each  child  who  has  been  absent  from  school  without  lawful  ex- 
cuse, or  who  is  persistently  truant  from  school,  together  with 
the  name  of  such  child's  parent  or  parents,  guardian  or  persons 
having  the  custody,  control  or  supervision  of  such  child,  and  it 
shall  be  the  duty  of  the  truant  officer  to  whom  such  report  is 
made,  immediately  upon  the  receipt  of  same,  to  make  or  cause  to 
be  made  an  examination  into  the  cause  of  absency  or  truancy 
contained  in  such  reports  and  to  take  any  and  all  needful  steps 
as  provided  herein  under  the  statutes  of  this  State,  to  compel  such 


2978c  CITIES  OF  THE  FIRST  CLASS.  951 

child  to  attend  school,  and  in  cities  where  a  chief  truant  officer 
has  been  designated  or  appointed,  such  officer  shall  file  a  written 
report  once  each  month  with  the  city  superintendent  of  schools  of 
all  the  work  done  by  such  chief  truant  officer  and  his  assistants 
and  in  cities  where  no  chief  truant  officer  is  designated  each 
truant  officer  appointed  shall  file  with  the  city  superintendent  of 
schools  each  month  a  written  report  of  his  work  done  in  the  dis- 
charge of  his  duties  as  set  out  herein. 

11.  A.  Parental  or  truant  schools — location  of — religious 
instruction — probation  of  child — penalty  for  violation — rules. 
The  Board  of  Trustees,  Board  of  Education,  School  Board  or 
Board  of  Commissioners,  as  the  case  may  be,  of  any  city  of  the 
first  or  second  class,  are  hereby  authorized  and  empowered  to 
equip,  maintain  and  conduct,  one  or  more  parental  or  truant 
schools  for  the  purpose  of  affording  a  place  where  children  of 
compulsory  school  age,  and  coming  within  the  provisions  of  this 
act,  and  of  the  statutes  of  this  State,  concerning  neglected,  de- 
pendent and  delinquent  children,  may  be  detained  for  the  purpose 
of  discipline  and  instruction  hereinafter  provided. 

B.  Such  school  or  schools  may  be  located  either  within  or 
without  the  corporate  limits  of  the  city :  Provided,  however,  that 
such  school  or  schools  shall  not  be  located  outside  of  the  county  in 
which  such  city  is  located;  and,  provided,  further,  that, no  such 
school  shall  be  located  at  or  near  any  penal  institution. 

C.  No  religious  instruction  shall  be  given  in  such  school  or 
schools,  except  as  is  allowed  by  law  to  be  given  in  public  schools, 
but  the  Board  of  Trustees,  Board  of  Education,  School  Board  or 
School  Commissioners,  as  the  case  may  be,  shall  make  suitable 
regulations  so  that  inmates  shall  receive  religious  training  in  ac- 
cordance with  the  belief  of  such  children's  parents  or  guardian, 
either  by  allowing  such  religious  services  to  be  held  in  such  insti- 
tution or  by  arranging  for  the  attendance  of  public  service  else- 
where. 

D.  Any  child  committed  to  such  school  or  schools,  upon  an 
order  duly  entered  by  the  county  court,  may  be  allowed  to  return 
home  upon  probation  and.  to  remain  while  upon  probation,  sub- 
ject to  the  friendly  visitation  and  supervision  of  a  probation 
officer  of  said  County  Court,  and  subject  at  any  time  to  be  re- 
turned to  such  school  if  said  child,  in  the  opinion  of  the  County 
Court,  shall  violate  the  terms  and  conditions  of  its  probation.    No 


952  AN  ACT  FOR  THE  GOVERNMENT  OF  2978c 

child  shall  be  released  upon  probation  in  less  than  four  weeks 
from  the  time  of  his  or  her  commitment,  nor  thereafter  unless 
the  court  shall  be  satisfied  that  said  child  who  is  probationed, 
will  attend  regularly  some  public  or  private  school  as  herein  pro- 
vided. If  any  child  so  released  upon  probation  shall  be  regular 
in  his  or  her  attendance  in  school,  and  his  or  her  conduct  as  a 
pupil  shall  be  satisfactory  for  a  period  of  one  year  from  the  date 
upon  which  she  or  he  was  released  upon  probation,  he  or  she  shall 
be  finally  discharged  from  such  parental  or  truant  school,  and 
shall  not  be  recommitted  thereto,  except  in  a  subsequent  proceed- 
ing undertaken  according  to  the  provisions  of  this  act,  and  to  the 
Statutes  of  this  State,  concerning  neglected,  dependent  and  de- 
linquent children. 

E.  Any  child  released  from  said  school  or  schools,  upon  proba- 
tion, as  herein  provided,  who  shall  violate  the  conditions  of  his 
or  her  probation  any  time  within  one  year  thereafter,  shall,  upon 
the  order  of  the  County  Court,  be  returned  to  such  parental  or 
truant  school,  and  shall  not  again  be  released  upon  probation, 
within  a  period  of  three  months  from  the  date  of  such  re-enter- 
ing; and  if  such  child  shall  violate  the  conditions  of  a  second 
release  upon  probation,  he  or  she  shall  be  recommitted  to  such 
school  and  shall  not  be  released  therefrom  on  probation  until  he 
or  she  shall  have  remained  in  such  school  one  year. 

F.  The  Board  of  Trustees,  Board  of  Education,  School  Board 
or  School  Commissioners,  as  the  case  may  be,  of  cities  of  the  first 
or  second  class,  may  establish  any  rules  or  regulations  concerning 
such  schools  not  inconsistent  with  this  act  or  the  constitution  or 
laws  of  this  State. 

12.  Repealing  clause.  An  act  entitled  "An  act  to  promote  and 
compel  attendance  of  children  in  schools,  and  to  prevent  the  tru- 
ancy in  cities  of  the  first,  second,  third  and  fourth  class,  and  to 
enable  Boards  of  Education  and  Boards  of  School  Trustees  of 
cities  of  the  first  and  second  class  to  establish  and  maintain  pa- 
rental or  truant  schools  for  the  care  and  discipline  of  truant  chil- 
dren and  for  the  purpose  of  reducing  truancy,"  approved  March 
19,  1908,  is  hereby  repealed. 

13.  How  act  to  be  construed.  If  any  section  of  this  act  shall 
be  held  to  be  invalid,  such  fact  shall  not  affect  any  other  section 
of  this  act ;  it  being  the  intention  of  the  General  Assembly,  in 
enacting  this  act,  to  enact  each  section  separately;  and  if  any 


2978d  CITIES  OF  THE  FIRST  CLASS.  953 

proviso  or  exception  contained  in  any  section  of  this  act  shall  be 
held  to  be  invalid,  such  fact  shall  not  affect  the  remaining  portion 
of  said  section ;  it  being  the  intention  of  the  General  Assembly  to 
enact  each  section  of  this  act  and  each  proviso  and  exception 
thereto  separately.     (Act  of  March,  1910.) 

§  2978d.  1.  Annuities  for  school  teachers.  In  every  city  of 
the  first  class  in  the  State  of  Kentucky  there  shall  be,  and  is  here- 
by created,  a  teachers'  annuity  fund,  which  shall  be  governed  and 
managed  by  a  board  of  trustees,  which  shall  be  a  body  coi-porate 
under  the  name  of  Trustees  of  Teachers'  Annuity  Fund  of  Louis- 
ville, with  power  to  contract  and  to  sue  and  be  sued,  and  to  adopt 
and  alter  its  seal,  and  which  shall  be  composed  of  seven  members, 
as  follows :  One  member  of  the  Board  of  Education  of  such  city, 
to  be  selected  or  appointed  annually  by  such  board,  the  superin- 
tendent of  public  schools,  one  principal  and  four  teachers  regu- 
larly employed  in  the  public  schools  of  such  city.  Said  principal 
and  teachers  of  such  city  shall  be  selected  at  a  meeting  of  the 
public  school  teachers  of  such  city  on  the  third  Saturday  of  May, 
1912,  in  such  manner  and  at  such  place  or  places  as  shall  be 
determined  and  designated  by  the  Board  of  Education  of  such 
city ;  and  thereafter  there  shall  be  selected  on  the  third  Saturday 
of  May  of  each  year  one  principal  and  three  teachers  as  members 
of  such  Board  of  Trustees.  The  trustees  shall  hold  their  offices 
until  their  successors  shall  be  selected  or  elected  as  above  set 
forth.  In  the  event  of  a  vacancy  upon  said  board  occasioned  by 
the  death,  resignation  or  disability  of  either  of  said  principal  or 
teachers,  then  the  public  school  teachers  of  said  city  shall,  within 
a  reasonable  time,  upon  the  call  of  the  president  of  said  Board 
of  Trustees,  hold  a  special  meeting  and  elect  a  successor  or  suc- 
cessors. A  majority  of  said  trustees  shall  constitute  a  quorum 
for  the  transaction  of  business  pertaining  to  said  annuity  fund. 
Said  trustees  shall  receive  no  pay  for  their  services  as  such,  ex- 
cept the  secretary,  who  may  be  paid  such  sum  for  services  as 
may  be  fixed  by  the  Board  of  Trustees :  Provided,  however,  that 
if  any  one  shall  act  as  such  secretary  who  shall  receive  any  of  the 
benefits  of  said  pension  fund,  as  hereinafter  provided,  the  amount 
of  the  salary  so  received  by  such  secretary  shall  be  deducted  from 
the  amount  for  which  he  or  she  would  otherwise  be  entitled  as  a 
beneficiary  under  said  fund. 

2.     Officers  of    board — powers    and  duties.      Said    Board    of 


954 AN  ACT  FOR  THE  GOVERNMENT  OF 2978d 

Trustees  shall  elect  from  among  its  number  a  president,  vice 
president  and  secretary.  The  president  shall  preside  at  the  meet- 
ing of  th  board  and  perform  all  other  duties  usual  to  such  office. 
The  vice  president  shall  perform  duties  of  the  president  in  his  or 
her  absence.  It  shall  be  the  duty  of  the  secretary  to  keep  a  true 
and  accurate  account  of  the  proceedings  of  such  Board  of  Trus- 
tees and  of  the  teachers  of  such  city,  when  acting  upon  matters 
with  relation  to  said  fund,  and  to  turn  over  to  his  or  her  successor 
all  books  and  papers  pertaining  to  such  office.  The  superintend- 
ent of  schools  of  such  city  shall  act  as  assistant  treasurer,  and  it 
shall  be  his  duty  to  keep  a  true  and  accurate  statement  of  the  ac- 
count of  each  member  with  said  annuity  fund,  to  collect  and  turn 
over  to  the  treasurer  of  said  board  all  moneys  belonging  to  said 
fund,  and  to  render  to  the  board  a  monthly  account  of  his  doings. 
He  shall  furnish  bond  in  such  amount  as  shall  be  determined  and' 
required  by  said  Board  of  Trustees.  He  shall  receive  no  compen- 
sation for  attending  to  the  duties  of  his  office  as  assistant  treas- 
urer of  said  board,  but  the  trustees  may  allow  to  him  annually  for 
the  employment  of  clerical  assistance  a  sum  not  to  exceed  two 
hundred  dollars,  for  the  expenditure  of  which  he  shall  account  by 
full  statement,  with  vouchers  which  shall  be  filed  with  his  annual 
report  hereinafter  mentioned.  The  treasurer  of  the  Board  of  Edu- 
cation shall  be  ex  officio  the  treasurer  of  said  Board  of  Trustees, 
and  he  shall  receive  and  hold  ail  moneys  belonging  to  such  teach- 
ers' annuity  fund;  he  shall  have  the  custody  of  all  notes,  bonds 
and  other  securities  belonging  to  said  fund,  and  shall  collect  the 
principal  and  interest  of  the  same  and  shall  be  liable  on  his  bond 
as  treasurer  of  the  Board  of  Education  for  the  performance  of  all 
duties  imposed  upon  him  by  this  act  and  for  the  faithful  account- 
ing of  all  money  and  securities,  including  both  principal  and  in- 
terest, which  may  come  into  his  hands  and  which  shall  belong  to 
such  annuity  fund.  And  he  shall  keep  a  separate  account  which 
shall  show  at  all  times  the  true  condition  of  such  fund.  Said 
treasurer  shall,  upon  the  expiration  of  his  term  of  office,  account 
to  said  board  for  all  moneys,  notes,  bonds  and  other  securities 
coming  into  his  hands,  and  for  the  interest,  income,  profits, 
rentals  and  proceeds  of  and  from  the  same,  and  he  shall  turn  over 
to  his  successor  all  moneys,  notes,  bonds  and  other  securities  be- 
longing to  said  fund.  The  secretary,  treasurer  and  assistant 
treasurer  shall  each  make  a  full,  true  and  accurate  report  of  their 


2978d CITIES  OF  THE  FIRST  CLASS. 955 

offices  and  trusts  at  each  annual  meeting  of  such  teachers  in  May 
of  each  year.  Their  books  shall  at  all  times  be  open  to  inspection 
or  examination  by  any  member  of  said  Board  of  Trustees. 

3.  Revenue — board  to  make  rules  concerning.  Such  board 
of  Trustees  shall  have  full  charge  and  control  of  the  teachers'  an- 
nuity fund  of  such  city  with  power  to  adopt  and  enforce  all  need- 
ful regulations  governing  the  same  not  inconsistent  with  this  act. 
Said  fund  shall  be  derived  from  the  following  sources:  First, 
all  moneys  that  may  be  given  to  said  Board  of  Trustees  or  to  said 
fund  or  to  the  Board  of  Education  of  such  city,  for  the  use  of  said 
Board  of  Trustees  of  teachers'  annuity  fund,  by  any  person  or 
persons.  Such  Board  of  Trustees  may  take  by  gift,  grant,  devise, 
or  bequest,  any  money,  choses  in  action,  personal  property,  real 
estate,  or  any  interest  therein,  and  any  such  gift,  grant,  devisa  or 
bequest  may  be  absolute,  or  upon  the  condition  that  only  the  rent, 
profits  and  income  arising  from  the  same  shall  be  applied  to  the 
uses  and  purposes  of  said  fund.  Such  Board  of  Trustees  shall  be 
authorized  to  take  such  gift,  grant,  devise  or  bequest  under  and 
by  the  style  of  the  Board  of  Trustees  of  the  teachers'  annuity 
fund  of  such  city,  and  to  hold  the  same  or  assign,  transfer  or  sell 
the  same,  whenever  proper  and  necessary,  under  and  by  such 
name.  Second,  every  teacher  shall  be  assessed  upon  his  or  her 
salary  as  follows:  One  per  centum  per  annum  (but  not  more  than 
ten  ($10)  dollars  upon  the  salary  of  every  teacher  who  shall 
not  have  taught  in  excess  of  fifteen  years ;  and  two  per  centum 
per  annum  (but  not  to  exceed  twenty  ($20)  dollars)  upon  the 
salary  of  every  teacher  who  shall  have  taught  longer  than  fifteen 
years :  Provided,  however,  that  such  assessment  shall  not  be  made 
prior  to  the  first  day  of  September,  one  thousand  nine  hundred 
and  twelve.  And  the  assistant  treasurer  of  such  Board  of  Trus- 
tees shall  prepare  a  roll  of  each  of  said  assessments  and  place  op- 
posite the  name  of  every  teacher  the  amount  of  assessment 
against  him  or  her,  and  shall  furnish  a  copy  of  such  roll  to  the 
treasurer,  and  the  treasurer  of  said  board  shall,  in  November 
and  April  of  each  school  year,  deduct  and  retain  out  of  the  salary 
going  to  such  teacher  the  amount  of  such  assessment,  and  shall 
give  him  or  her  credit  for  the  same  and  place  the  same  to  the 
credit  of  said  teachers'  annuity  fund.  Every  teacher  of  such  city 
receiving  a  salary  of  four  hundred  and  fifty  ($450)  dollars  a  year 
or  more  shall  pay  such  assessment,  and  in  becoming  a  teacher 


956 AN  ACT  FOR  THE  GOVERNMENT  OF 2978d 

he  or  she  shall  be  conclusively  deemed  to  undertake  and  agree  to 
pay  the  same,  and  to  haye  such  assessment  deducted  from  his  or 
her  salary  as  hereinbefore  provided. 

4.  Fund — manner  of  investment.  The  board  of  trustees  of 
such  teachers'  annuity  fund  shall  determine  what  part  of  said 
fund  may  be  safely  invested,  and  how  much  shall  be  retained  for 
the  immediate  needs,  demands  and  exigencies  of  said  fund.  Such 
investment  shall  be  made:  (1)  In  interest  bearing  bonds  of  the 
United  States,  or  in  any  bond  lawfully  issued  by  any  State, 
county,  city  or  other  municipal  corporation;  (2)  loans  secured 
by  mortgage  upon  real  estate  within  the  county  wherein  such 
city  is  located,  which  loans  shall  not  be  in  excess  of  fifty  per 
centum  of  the  appraised  value  of  such  real  estate;  (3)  in  interest 
bearing  deposits  at  not  less  than  three  per  cent  with  banks  or 
trust  companies  of  Louisville,  said  deposits  to  be  secured  to  the«t' 
full  amount  with  interest,  by  securities  mentioned  in  classes  (l"^ 
and  (2)  of  this  section.  All  bonds,  mortgages  and  other  securi- 
ties shall  be  deposited  with  and  remain  in  the  custody  of  th3  treas- 
urer of  said  board,  who  shall  collect  all  interest  due  therean  and 
all  the  income  therefrom,  as  the  same  shall  become  due  and  pay- 
able. 

5.  Sinking  fund  to  be  provided.  The  board  of  trustees  of 
such  teachers'  annuity  fund  shall  establish  a  sinking  fund ;  to 
the  credit  of  which  shall  be  put  and  deposited  all  gifts,  grants, 
devises  and  bequests,  and  the  unexpended  balance  remaining  at 
the  expiration  of  each  fiscal  year.  And  such  sinking  fund  shall 
be  and  remain  a  permanent  fund,  and  no  part  thereof  shall  be 
expended  except  the  interest  and  income  thereof  and  therefrom ; 
Provided,  however,  that  one  half  of  the  amount  added  to  such 
sinking  fund  during  any  year  may  be  used,  if  necessary,  during 
the  year  immediately  following. 

6.  Annuity  fund — manner  of  distribution.  Said  teachers* 
annuity  fund  shall  be  used  and  devoted  in  the  manner  and  for 
the  purposes  following:  First.  The  maximum  annuity  to  be 
paid  any  teacher  shall  be  four  hundred  ($400)  dollars  per 
annum,  which  amount  shall  be  based  upon  a  service  of  forty  (40) 
years  as  such  teacher,  and  every  annuitant  and  beneficiary  of 
said  fund  shall  be  entitled  to  and  shall  receive  such  percentage 
of  said  sum  of  four  hundred  ($400)  dollars  as  the  number  of 
years  teaching  of  said  pensioner  and  beneficiary  shall  bear  to 


2978d  CITIES  OF  THE  FIRST  CLASS.  957 

the  term  of  forty  years;  subject,  however,  to  all  the  provisions 
of  this  act.  Second.  Any  aged,  infirm,  diseased  or  disabled 
teacher,  who  is  now  or  hereafter  may  be,  teaching  in  the  public 
schools  of  such  city,  having  served  in  the  schools  of  said  city  as 
such  teacher  for  not  less  than  twenty  (20)  years,  and  who  shall 
have  been  relieved  from  service  as  such  teacher  by  the  Board  of 
Education  upon  the  ground  of  his  or  her  infirmity,  disease  or 
disability,  shall  be  entitled  to  receive  a  disability  annuity;  Pro- 
Hded,  said  Board  of  Trustees  shall  find  that  he  or  she  is  entitled 
to  the  same  by  reason  of  such  age,  disease,  infirmity  or  disability, 
and  after  such  applicant  for  annuity  shall  have  been  examined 
by  a  physician  selected  for  such  purpose  by  said  Board  of  Trus- 
tees, the  examination  fee  or  charge  of  such  physician  to  be  paid 
by  the  applicant.  Third.  Any  teacher  who  is  now  or  hereafter 
may  be  teaching  in  public  schools  of  such  city,  and  shall  have 
taught  for  not  less  than  thirty  (30)  years,  may  be  granted  an 
annuity  upon  application  to  said  Board  of  Trustees,  or  may 
be  granted  annuity  by  such  board  without  such  application 
and  shall  thereafter  receive  an  annuity  during  the  remainder 
of  his  or  her  life,  subject,  however,  to  all  the  conditions  in  this 
act;  Provided,  hoivever,  that  such  annuitant  shall  have  paid 
into  said  fund,  by  way  of  assessment  or  otherwise,  not  less 
than  the  whole  of  the  amount  to  which  he  or  she  shall  be  entitled 
per  annum  as  an  annuitant.  And  in  order  to  make  up  such 
amount,  the  Board  of  Trustees  may  order  the  treasurer  to 
deduct  one-fifth  thereof  in  each  of  the  first  five  years  from 
the  amount  of  such  annuity.  If  at  any  time  there  should  not 
be  sufficient  money  in  or  to  the  credit  of  said  teachers'  annuity 
fund  to  pay  all  claims  against  it  in  full,  then  and  in  such  event, 
an  equal  percentage  shall  be  paid  upon  all  such  claims  to  the 
full  extent  of  the  funds  on  hand,  until  such  annuity  fund  shall 
be  sufficient  to  pay  all  claims  against  it  in  full, 

7.  Teachers  entitled  to  annuity  fund.  In  computing  years  of 
services  as  provided  in  the  act,  the  Board  of  Trustees  shall  not 
include  service  as  a  public  school  teacher  rendered  outside  of 
such  city,  provided,  however,  that  any  teacher  may  be  given  a 
leave  of  absence  for  study,  professional  improvement  or  tem- 
porary disability,  not  exceeding  one  year  at  any  one  time,  and 
shall  be  regarded  as  a  teacher  and  entitled  to  the  benefits  of  this 
act;  Provided,  that  during  such  absence  he  or  she  continues  to 


958 AN  ACT  FOR  THE  GOVERNMENT  OF 2978d 

pay  into  such  fund  the  amount  of  assessment  payable  by  such 
teacher  the  last  year  preceding  -such  leave  of  absence. 

8.  Annuity  fund  to  be  discontinued.  After  any  teacher  shall 
have  been  granted  an  annuity  by  reason  of  injury,  disability  or 
disease,  the  Board  of  Trustees  shall  have  the  right  at  any  time 
to  cause  such  teacher  again  to  be  brought  before  such  board  and 
examined  by  its  physician,  and  also  to  examine  other  witnesses, 
for  the  purpose  of  ascertaining  whether  said  injury,  disability 
or  disease  shall  still  continue  and  whether  such  teacher  shall  re- 
main on  the  roll  as  an  annuitant.  Such  teacher  shall  be  entitled 
to  notice  and  to  be  present  at  the  hearing  of  any  such  evidence ; 
shall  be  permitted  to  propound  any  question  pertinent  or  rele- 
vant to  such  matter,  and  shall  also  have  the  right  to  introduce 
evidence  upon  his  or  her  own  behalf.  Such  teacher  and  all  wit- 
nesses shall  be  examined  under  oath,  and  any  member  of  such 
Board  of  Trustees  is  hereby  authorized  and  empowered  to  ad- 
minister such  oath.  The  decision  of  such  Board  of  Trustees 
shall  be  final  and  conclusive,  and  no  appeal  shall  be  allowed 
therefrom,  nor  shall  the  same  be  reviewable  by  any  court  or 
other  authority ;  Provided,  hoivever,  that  every  teacher  receiving 
annuity  shall  report  to  the  superintendent  of  public  schools  of 
such  city  whenever  required  so  to  do.  And  said  superintendent 
may  assign  such  teacher  to  such  service  or  employment  as  may 
be  within  his  or  her  power  to  perform,  in  judgment  of  such 
superintendent  of  public  schools  and  of  the  examining  physician 
employed  by  the  said  Board  of  Trustees.  And  during  the  time 
of  such  employment  such  teacher  shall  receive  the  regular  salary 
therefor,  which  shall  be  credited  to  and  deducted  from  the 
amount  payable  to  such  teacher  from  said  annuity  fund.  And 
should  any  teacher  who  is  receiving  an  annuity  recover  from  his 
or  her  injury,  disease,  or  disability,  and  again  be  fit  for  regular 
duty,  then  such  teacher  may  again  be  regularly  employed,  and 
during  the  time  of  such  employment,  he  or  she  shall  cease  to  be 
entitled  to  any  payment  out  of  said  annuity  fund  because  of  the 
injury,  disease  or  disability  on  account  of  which  such  teacher 
was  originally  retired. 

9.  Teacher  may  retire  on  length  of  service  without  examina- 
tion. Any  teacher  applying  for  an  annuity  by  reason  of  length 
of  time  of  service  as  in  this  act  provided,  shall  be  granted  an 
annuity  and  retired  without  medical  examination,  nor  need  he 


2978d CITIES  OF  THE  FIRST  CLASS. 959 

or  she  be  under  any  physical  disability,  and  from  the  time  of 
such  granting  of  annuity  and  retirement  such  teacher  shall  not 
be  required  to  render  further  services  as  such  teacher  nor  shall 
he  or  she  be  deprived  of  the  benefits  herein  provided,  except  for 
any  cause  contained  in  Section  16  of  this  act. 

10.  Service  before  passage  of  act  may  be  counted.  In  com- 
puting time  under  the  provisions  of  this  act,  such  time  shall  in- 
clude services  rendered  before,  as  well  as  after,  the  taking  effect 
of  this  act. 

11.  Tiustees — power  to  make  rules  and  by-laws.  The  board 
of  trustees  shall  have  power  and  authority  to  make  all  necessary 
by-laws  providing  for  the  manner  of  the  election  of  such  trus- 
tees, to  be  elected  as  in  this  act  provided,  the  counting  and  can- 
vassing of  the  votes  for  the  same,  their  meetings  for  the  collec- 
tion of  all  moneys  and  other  property  coming  or  belonging  to 
said  fund,  and  all  other  matters  connected  with  the  care,  preser- 
vation and  disbursement  of  the  same,  and  the  proper  execution 
of  the  purposes  and  provisions  of  this  act.  And  any  annuity 
authorized  by  the  board  under  this  law  shall  be  subject  to  reduc- 
tion by  said  Board  of  Trustees  whenever  in  its  judgment  the 
condition  of  the  annuity  fund,  the  financial  or  other  conditions 
of  the  annuitant  or  any  other  circumstances  render  such  reduc- 
tion advisable,  proper  or  necessary,  and  any  annuity  so  reduced 
may  thereafter  be  restored  or  increased,  as  such  board  may 
deem  best. 

12.  Annuity  fund — one-half  may  be  returned  if  teacher 
ceases  to  teach.  Any  teacher  who  shall  cease  to  teach  in  the 
public  school  of  such  city  before  receiving  any  benefit  from  the 
fund,  shall  be  entitled  to  the  return  of  one-half  of  the  amount, 
without  interest,  which  shall  have  been  paid  into  said  annuity 
fund  by  such  teacher;  Provided,  hoivever,  should  such  teacher 
thereafter  again  teach  in  the  public  schools  of  such  city,  he  or 
she  shall  refund  to  said  annuity  the  amount  so  returned  to  such 
teacher  within  one  year  from  the  date  of  his  or  her  return  to 
service  in  the  schools.  And  should  any  teacher  die  before  re- 
ceiving any  of  the  benefits  or  pensions  by  this  act  provided,  the 
Board  of  Trustees  shall  pay  to  such  teachers'  heirs  or  estate, 
or  either  or  any  of  them,  as  it  shall  see  fit,  one-half  the  amount, 
without  interest,  which  shall  have  been  paid  into  said  annuity 
fund  by  said  teacher. 


960 AN  ACT  FOR  THE  GOVERNMENT  OF 2978d 

13.  Annuities  to  be  paid  by  treasurer — time  of  payment.    All 

annuities  herein  provided  for  shall  be  paid  to  the  treasurer  of 
the  Board  of  Education  at  his  office  at  such  times  and  in  such 
installments  as  the  trustees  may  determine,  provided  that  not 
less  than  one-third  of  each  annuity  or  percentage  thereof  shall 
be  paid  before  December  fifteen,  and  the  balance  not  later  than 
June  the  first  of  each  scholastic  year.  Provided,  further,  that 
no  annuity  of  any  kind  whatsoever  provided  for  in  this  act  shall 
be  payable  prior  to  October  the  first,  one  thousand  nine  hundred 
and  fifteen;  but  simple  interest  at  six  per  cent  per  annum  shall, 
until  said  date,  run  on  any  annuity  beginning  with  the  first  of 
June  of  the  scholastic  year  in  which  the  right  thereto  may 
accrue. 

14.  Annuities  not  subject  to  debt.  All  annuities  gi'anted  and 
payable  out  of  said  teachers'  annuity  fund  shall  be  and  are  ex- 
empt from  seizure  or  levy  upon  attachment,  execution,  supple- 
mental process,  and  all  other  process,  whether  mesne  or  final; 
and  such  annuities  or  any  payment  of  the  same  shall  not  be 
subject  to  sale,  assignment  or  transfer  by  any  beneficiary,  and 
such  transfer  shall  be  absolutely  void. 

15.  Annuity  fund  may  be  discontinued  for  certain  causes. 
Whenever  any  person  who  shall  have  received  any  benefit  from 
said  fund  shall  be  convicted  of  any  felony,  or  of  any  misde- 
meanor for  which  he  or  she  be  adjudged  to  be  imprisoned,  or 
shall  fail  to  report  for  examination  for  duty  as  required  herein, 
unless  excused  by  the  Board  of  Trustees  of  such  city,  or  shall 
disobey  the  requirements  of  said  Board  of  Trustees  in  respect  to 
said  examination  for  duty,  or  shall  fail  to  perform  such  duty  as 
may  be  required  of  him  or  her  if  found  able  to  perform  such 
duty,  then  such  board  shall  order  that  the  annuity  allowed  and 
paid  to  him  or  her  shall  cease  until  the  further  order  of  such 
board. 

16.  Teacher — definition  of  term.  The  term  teacher  as  used 
in  this  act  shall  mean  and  include  any  principal,  assistant  prin- 
cipal, supervisor,  assistant  supervisor,  person  in  charge  of  any 
special  department  of  instruction,  and  any  teacher  or  instructor 
regularly  employed  as  such  by  the  Board  of  Education  of  such 
city. 

17.  Date  when  annuity  may  be  applied  for.  Annuities  may 
be  applied  for  under  this  act  on  or  after  December  1,  1912,  by 


2979 


CITIES  OF  THE  FIRST  CLASS. 


961 


any  teacher  who,  after  the  approval  of  this  act,  shall  be  in  the 
employ  of  said  Board  of  Education  and  be  entitled  to  an  annuity 
under  the  terms  of  this  act. 

18.  Repealing-  clause.  The  general  school  laws  of  this  State, 
and  all  laws  and  parts  of  laws  applicable  to  the  general  system 
of  common  schools  in  a  city  of  the  first  class  and  not  inconsistent 
herewith,  shall  be  in  full  force  and  effect  in  such  city.  (Act  of 
March  19,  1912.) 

SUBDIVISION  XXVII. 


Revenue  and  Taxation. 


(a)  General  provisions.  2979. 

(b)  Assess,ments.  29S.3. 


(c)  Collection  and  payment  of  taxes. 
2997. 


(a)  General  Provisions. 

§  2979.  Taxes  already  levied  or  imposed.  All  taxes  already 
levied  or  imposed  under  existing  laws,  and  not  yet  paid,  remai^ 
payable,  unless  the  contrary  be  hereinafter  provided. 

§  2980.  Ad  valorem  license  and  franchise  taxes — Council  to 
provide  for.  Each  city  shall  raise  a  revenue  from  ad  valorem 
taxes,  and  from  a  tax  based  on  income,  licenses  and  franchises, 
and  to  that  end  the  General  Council  of  each  city  is  hereby  author- 
ized and  empowered  to  provide  each  year,  by  ordinance,  for  the 


§  2979.  Existing  laws  not  repealed. 

In  Long  V.  Citv  of  Louisville,  97  Ky. 
364;  30  S.  W.^QST;  it  was  held  that 
neither  the  new  constitution  nor  the 
charter  for  first  class  cities  released 
any  taxes  theretofore  assessed,  and 
that  such  taxes  might  be  collected 
in  the  manner  provided  before  the 
adoption  of  Constitution  and   charter. 

§  2980.  (1)  Authority  conferred  on 
Legislature.  The  Legislature  can 
delegate  its  soverign  power  of  tax- 
ation to  local  municipal  governments, 
either  with  or  without  restriction  or 
limitation.  Bradley  v.  McAtee,  7 
Bush,  667. 

(2)  Legislature  determines  what 
are  proper  subjects  of  general  or  lo- 
cal taxation,  and  it  is  not  within  the 
province  of  the  courts  to  abridge  this 
prerogative,  nor  to  refuse  to  carry 
out  the  legislative  will  on  account 
of  doubt  as  to  the  policy  of  the  en- 
actment. Broadway  Baptist  Church 
v.  McAtee,  8  Bush, "508. 


(3)  Choses  in  action — money,  debts 
— assessment,.  Authority  "to  cause 
to  be  assessed  at  its  cash  value  such 
real  and  personal  estate  and  slaves 
within  the  city  as  the  said  council 
may  designate. ' '  did  not  authorize  the 
city  council  to  assess  money,  debts, 
and  choses  in  action.  Louisville  v. 
Henning,  1  Bush,  381;  see  Johnson 
V.  Lexington,  14  B.  M.  521;  Coving- 
ton V.  Powell,  2  Met.  227;  Trigg  v. 
Glasgow,  2  Bush,  594;  compare  New- 
port V.  Ringo,  87  Ky.  635;  10  S.  W. 
2. 

A  partnership  is  a  distant  entity 
and  its  property  is  subject  to  taxa- 
tion at  the  place  where  it  conducts 
its  business.  City  of  Louisville  v. 
Tatum,  Embry  &  Co.,  Ill  Ky.  747; 
64  S.  W.   836. 

Situs  of  property  for  taxation  held 
by  trustee.  Citv  of  Lexington  V. 
Fishback,  109  Kv.  770;  Board  of 
Council  V.  Fidelitv  Trust  Co.,  Ill  Ky. 
676;   64  S.  W.   470.     But  see   Higgins 


962 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2980 


assessment  of  all  real  and  personal  estate  within  the  corporate 
limits  thereof,  subject  to  taxation  for  State  purposes,  and  may 
levy  an  ad  valorem  tax  on  the  same  not  exceeding  the  rate  and 
limits  prescribed  in  the  Constitution;  and  for  school  purposes, 
not  exceeding  fifty  cents  on  each  one  hundred  dollars  of  taxable 
property  therein;  and  may  impose  license  fees  on  stock  used 
for  breeding  purposes,  and  on  franchises,  trades,  occupations 


V.  Commonwealth,  103  S.  W.  306;  126 
Ky.  211. 

Taxation  of  notes,  bonds,  money 
of  non-resident.i.  Callahan  v.  Singer 
Sewing  Machine  Co.,  92  S.  W.  581; 
2t'  K.  123;  Com.  v.  Dunn  &  Co.,  102 
S.  W.  859;  126  Ky.  108;  10  L.  R.  A. 
(N.  S.)  920. 

Property  located  permanently  in 
other  States.  Union  Refrigerator 
Transit  Co.  v.  Ky.  199  U.  S.  194;  26 
S.  Ct.  26;  Com."  v.  West  India  Oil 
Go.,  138  Ky.  831;  129  S.  W.  301; 
Com.  V.  Peebles,  134  Ky.  127;  119 
S.  W.  774;  23  L.  R.  A.  (N.  S.)  1130; 
Selliger  v.  Ky.  213  U.  S.  209;  Com. 
V.  B.  F.  Avery  &  Sons,  163  Ky.  828; 
174  S.  W.  518. 

Situs  of  intangible  property  gen- 
erally. Ewald's  Ex'r  v.  City  of  Lou- 
isville, l,i68  Ky.  72;  159  Ky.  325;  Com. 
V.  Kv.  Distilleries,  etc.,  Co.,  143  Ky. 
314;'l.36  S.  W.  1032;  Bell's  Trustee 
V.  Citv  of  Lexington,  120  Ky.  199;  85 
S.  W.IOS;  203  U.  S.  323;  Com.  v.  Hag- 
gin,  30  K.  L.  R.  788;  Hillman  Land 
Co.  V.  Com.,  148  Ky.  331;  146  S.  W. 
776;  Com.  v.  N.  W.  Life  Ins.  Co.,  32 
K.  L.  R.  796;  S.  W.  233. 

Situs  of  intangible  property  of 
corporations.  Inter-Southern  Life 
Ins.  Co.  V.  Milliken,  149  Ky.  16; 
149  S.  W.  875;  Milliken  v.  Sou.  Nat. 
Life  Ins.  Co.,  155  Ky.  529;  159  S.  W. 
1141\;  Citv  of  Covington  v.  Standard 
Oil  Co.,   167  Ky.   837;   127  S.  W.  480. 

Property  held  and  used  for  a  pub- 
lic purposeL  Board  of  Councilmen 
etc.,  v.  Commonwealth,  29  R.  699;  94 
S.  W.  648;  but  see  Citv  of  Louisville 
v.  McAteer,  91  S.  W.  698;  26  R.  425; 
1  L.  R.  A.   (N.  S.)   766. 

(4)  Discretion  of  council  as  to 
amount  of  tax.  While  the  Legisla- 
ture may  confide  to  the  general  coun- 
cil a  discretion  as  to  the  amount  of 
tax  to  be  imposed,  it  can  not  confer 
ujion   the   collector   or   other  city   offi- 


cer such  pjower.    Louisville  v.  Murphy, 
86  Ky.    53;    9  R.   310. 

(5)  Equality  and  uniformity.  When 
the  subjects  of  taxation  have  been 
determined  then  the  constitutional 
limitation  requiring  equality  and  uni- 
formity in  its  imposition  upon  such 
subjects  applies,  and  the  courts  must 
see  that  this  limitation  is  not  disre- 
garded. Broadway  Baptist  Church  v. 
McAtee,   8  Bush,   508. 

(6)  Exemption — special  license  or 
tax.  Pa.ymeut  of  a  tax  or  license  of 
$25  on  each  car  employed  by  the 
street  railway  company  to  the  city, 
as  required  by  the  contract  between 
it  and  the  city,  in  which  certain  fran- 
chises are  secured  to  it,  does  not  ex- 
onerate it  from  an  ad  valorem  tax  on 
it?  property,  horses,  stables,  etc., 
which  are  assessable  for  municipal 
I)urposes.  Lou.  City  Ry.  Co.  v.  Louis- 
ville,  4    Bush,    478. 

Hospital  —  Adjunct  to  medical 
school.  Under  section  170  of  the 
Constitution  exempting  "institutions 
of  purely  public  charity,"  from  taxa- 
tion, a  hospital  which  is  an  adjunct 
to  a  medical  school  is  subject  to  taxa- 
tion, although  patients  who  are  not 
able  to  pay  for  treatment  therein  are 
admitted  free  for  the  purpose  of  the 
education  of  the  students  of  the  medi- 
cal school  in  their  profession.  Wathen 
etc.,  v.  City  of  Louisville,  27  R.  635; 
85  S.  W.  1195. 

Charitable  institutions. — An  insti- 
tution owned  and  operated  by  certain 
physicians  as  an  adjunct  to  a  medi- 
cal and  dental  college  for  private 
gain,  is  not  exempt  from  taxation  as 
a  purely  public  charity.  Gray  Street 
Infirmarv  v.  Citv  of  Louisville,  23  R. 
1274;   65   S.  W^   119;  55  L.  R.  A.   270. 

Institutions  of  education — ^physical 
culture.  Under  Constitution,  section 
170,  the  property  of  an  incorporated 
gymnasium     association    in    which    a 


2980 


CITIES  OF  THE  FIRST  CLASS. 


963 


and  professions;  and  may  provide  for  taxation,  for  municipal 
purposes,  on  personal  property,  tangible  and  intangible,  based 
on  income,  licenses  or  franchises  in  lieu  of  an  ad  valorem  tax 
thereon ;  Provided,  such  General  Council  shall  not  be  authorized 
to  omit  the  imposition  of  an  ad  valorem  tax  on  such  property  of 
any  steam  railroad,  street  railway,  ferry,  bridge,  gas,  water, 
heating,  telephone,  telegraph,  electric  light  or  electric  power 
company. 

Said  council  shall  provide  for  the  collection  of  all  taxes  im- 
posed hereunder. 

All  taxes  and  license  fees  shall  be  levied  or  imposed  by  ordi- 


teacher  in  physical  culture  is  con- 
stantly employed  to  instruct  the  mem- 
bers, and  maintained  by  the  payment 
of  monthly  dues  by  the  members  and 
from  which  no  one  derives  any  pe- 
cuniary benefit,  is  an  institution  of 
education  in  the  meaning  of  the  law 
and  exempt  from  taxation.  German 
•Gymnastic  Association,  etc.,  v.  City 
of  Louisville,  117  Kv.  958;  65  L.  E. 
A.   120. 

Education. — Where  an  institution 
is  organized,  not  for  gain,  but  that 
persons  may  be  educated  in  phar- 
macy and  its  income  is  devoted  sole- 
ly to  the  cause  of  education,  it  is  ex- 
empt from  taxation  under  Const.  Sec. 
170.  Louisville  College  of  Phar- 
niacv  V.  Citv  of  Louisville,  26  B.  825; 
82   S.   W.   6i0. 

House  of  worship.  Lot  adjoining 
and  used  in  connection  therewith — 
I'^nder  Constitution,  section  170,  a  lot 
100  feet  wide  by  200  feet  deep  on 
which  a  house  of  worship  was  erect- 
ed in  March,  1891,  is  exempt  from 
taxation. 

Taxes  prior  to  the  adoption  of  the 
Constitution  of  U891 — Hewitt  Act  of 
1886.— Under  the  Hewitt  Act  of  1886, 
exempting  from  taxation  ' '  churches 
and  all  property  devoted  to  charita- 
ble purposes,"  a  lot  in  a  city  leased 
to  a  church  in  1890  for  the  purposes 
of  a  mission  church,  is  exempt  from 
taxation  for  the  year  1890,  although 
the  church  thereon  was  not  erected 
until   1891. 

Title  to  the  lot.— The  fact  that  the 
church  has  possession  and  use  of  the 
church  building  and  lot,  exempts  it 
from     taxation,     although     the     legal 


title  is  in  the  lessor.  City  of  Louis- 
ville V.  Werue,  25  E.  2196;  80  S.  W. 
224.  See  also  Calvarv  Baptist  Church 
V.  Millikeu,  148  Ky."  580;  147  S.  W, 
12. 

Young  Men's  Christian  Associa- 
tion.— The  property,  not  exceeding 
one-half  acre,  belonging  to  a  Y.  M.  C. 
A.  and  used  by  it  in  the  conduct  of 
its  work,  and  also  that  rented  out  for 
the  purpose  of  raising  revenue  for 
aid  in  the  maintenance  of  the  in- 
stitution, as  well  as  that  taken  in 
payment  of  donations  to  the  institu- 
tion and  held  pending  a  sale,  is  ex- 
empt from  taxation  under  section  170 
of  the  Constitution,  both  on  the 
ground  that  it  is  a  place  actually, 
used  for  religious  worship  and  that 
the  institution  is  one  of  purely  public 
charity.  Com.  v.  Young  Men's  Chris- 
tion  Association,  116  Ky.  711;  76 
S.  W.  522. 

The  Wharf  property  of  the  city  of 
Louisville  is  exempt  from  taxation 
under  Const.  Sec.  170.  Com.  v.  City 
of  Louisville,  H9  S.  W.  161;  133  Ky. 
849. 

The  Water  Works  property  of  the 
city  is  public  property  used  for  pub- 
lic purposes  and  is  exempt  from  taxa- 
tion under  Const.  Sec.  170,  Eyan  v. 
Citv  of  Louisville,  118  S.  W.  992; 
133  Ky.  714. 

Wilis — Taxation.  By  the  will  of 
W.  F.  Norton,  deceased,  certain  real 
estate  was  bequeathed  to  his  execu- 
tors for  the  benefit  of  the  Baptist 
Orphans'  Home,  to  be  held  by  them 
for  five  years,  during  which  time  it 
should  be  converted  into  money  and 
the  proceeds  paid  to  said  home.    Held, 


964 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2980 


nance,  and  the  purpose  or  purposes  for  which  the  same  are 
levied  or  imposed  shall  be  specified  therein,  and  the  revenue 
therefrom  shall  be  expended  for  no  other  purposes  than  that 
for  which  it  was  collected. 

All  ad  valorem  taxes  shall  be  collected  by  the  Tax  Receiver, 
and  all  license  taxes,  including  all  taxes  on  personal  property, 
tangible  and  intangible,  based  on  income,  licenses  and  fran- 
chises, in  lieu  of  an  ad  valorem  tax  thereon,  shall  be  collected 
by  the  secretary  and  treasurer  of  the  Commissioners  of  the 
Sinking  Fund :  Provided,  That  all  taxes  so  collected  by  said  sec- 
retary and  treasurer  in  lieu  of  ad  valorem  taxes  on  personalty 
shall  be  paid  by  him  monthly  to  the  City  Treasurer,  who  shall 
receipt  to  him  therefor,  and  the  said  secretary  and  treasurer 
shall  furnish  monthly  to  the  City  Comptroller  a  statement  show- 
ing what  persons,  firms  or  corporations  have,  during  the  previous 
month,  paid  such  taxes,  the  amount  paid  by  each,  and  the  total 
amount  paid  by  him  to  the  City  Treasurer. 


that  said  home  by  the  terms  of  its 
charter,  under  Sec.  170  of  the  Con- 
stitution is  a  .purely  public  charity, 
and  not  employed  for  gain,  and  while 
the  beneficiary  is  not  given  the  im- 
mediate care  and  control  of  the  fund 
it  is  the  equitable  owner  thereof, 
and,  under  the  statute,  it  is  exempt 
from  taxation  in  the  hands  of  the 
executors.  Norton,  etc.,  v.  City  of 
Louisville,  26  E.  846.  See  also  notes 
to   Sec.    170    Constitution. 

(7)  License  Tax — ad  valorem  tax. 
Under  present  Constitution  all  prop- 
erty must  be  assessed  alike — proper- 
ty can  not  be  classified  for  taxation 
— a  license  tax  may  be  imposed  in 
addition  to  an  ad  valorem  tax,  but 
not  as  a  substitute  for  it.  Levi.  v. 
Citv  of  Louisville,  97  Kv.  394;  30 
S.  W.  973;  and  see  Con.,"  Sees.  174, 
181;  and  as  to  imposition  of  license 
tax,  Bitzer  v.  Thompson^  105  Kv. 
514;  49  S.  W.  199;  Figg  v.  Thomp- 
son, 105  Ky.  509-;  49  S.  W.  202; 
Schuster  &  Co.  v.  Citv  of  Louisville, 
124  Ky.  189;  89  S.  W.  689;  holding 
ordinance  imposing  license  tax  in 
lieu  of  ad  valorem  tax  unconstitu- 
tional. 

An  ordinance  providing  for  the  im- 
position of  license  fees  on  all  per- 
sons     intending     to     commence     the 


business  of  selling,  except  by  sample, 
is  not  a  violation  of  the  Constitution, 
Sees.  171  and  181.  City  of  Louisville 
V.  Sagalowski,  136  Ky.  324;  124  S. 
W.  339.  A  license  tax  on  wagons 
operated  by  an  expres  company  up- 
held. Adams  Express  Co.  v.  Bol- 
drick,  141  Ky.  11;   132  S.  W.  174. 

Under  this  section  the  city  may 
require  a  license  of  $100  a  year  for 
operating  a  laundrv.  Com.  v.  Pearl 
Laundry,  105  Ky.  259;  49  S.  W.  26. 
See  further  on  this  section  Citv  of 
Louisville  V.  Button,  118  Ky.  732;  82 
S.  W.  293;  and  see  Sec.  4281w  Ky. 
St.  which,  however,  does  not  apply 
to  cities  of  the  first  and  second 
class. 

(8)  Person  and  subject  of  taxation 
designated.  When  a  city  is  authoi-- 
ized  "to  levy  a  tax  upon  the  taxpay- 
ers of  the  city,  taxable  under  the 
revenue  laws  of  the  State, ' '  both  the 
person  and  subject  are  designated 
and  the  tax  must  be  levied  of  the 
date  and  upon  the  persons  and  prop- 
erty prescribed  by  the  State  revenue 
laws.  Barret  v.  Henderson,  4  Bush, 
2.^5. 

(9)  Power  to  impose  tax.  A  stat- 
ute providing  for  the  imposition  of  a 
tax  ' '  as  long  as  needed, ' '  to  pay  a 
particular   debt,   authorizes   the   imgo- 


2980a 


CITIES  OF  THE  FIRST  CLASS. 


965 


Nothing  in  this  section  shall  be  so  construed  as  to  deprive 
the  General  Council  of  the  power  hereby  granted  to  it  to  pro- 
vide by  ordinance  in  its  discretion  for  the  levy  and  collection 
of  taxes  based  on  income,  license  and  franchise  in  addition  to 
ad  valorem  taxes  on  the  property  of  any  corporation  whose 
franchise  is  subject  to  assessment  by  the  City  Assessor  as  set 
out  in  section  three  of  this  act,  which  is  section  one  of  Sec- 
tion 2984a,  Kentucky  Statutes,  as  amended  by  this  act,  and  the 
General  Council  shall  have  power  to  levy  ad  valorem  taxes  on  the 
property  and  franchises  of  railroads  as  assessed  and  apportioned 
by  the  Railroad  Commission  and  the  State  Board  of  Valuation 
and  Assessment:  Provided,  That  no  corporation,  individual, 
firm,  or  association,  which  pays  an  ad  valorem  tax  and  a  fran- 
chise tax  shall  also  be  required  to  pay  a  license  tax.  (As  amend- 
ed by  act  of  March  18,  1904.)     (See  also  §§  3011,  3011a.) 

§  2980a.  Manufacturing  establishments  may  be  exempted 
from  taxation.  That  the  General  Council  shall  have  power  by 
ordinance  to  exempt  from  municipal  taxation,  for  a  period  not 
exceeding  five  years,  manufacturing  establishments,  as  an  in- 
ducement to  their  location  within  the  city  limits.  (See  Con., 
Sec.  170.    This  section  is  an  act  of  March  16,  1898.) 


sition  of  the  tax  until  the  debt  is 
satisfied.  Louisville  v.  Murphy,  86 
Ky.  53;   5  S.  W.   194. 

(10)  Powers  to  tax  strictly  con- 
strued. Municipal  corpoi'ations  can 
levy  no  taxes  upon  the  inhabitants  or 
their  property  unless  the  power  be 
plainly  given;  such  power  is  statu- 
tory, and  must  be  strictly  pursued. 
Kniper  v.  Louisville,  7  Bush,  600. 
Murray  v.  Tucker,  10  Bush,  241;  and 
this  though  the  statute  provides  that 
ordinances  shall  not  be  void  by  rea- 
son of  a  failure  of  the  council  to 
follow  strictly  its  delegated  powers. 
Caldwell   v.   Eupert,   10   Bush,   180. 

(11)  Purpose  for  which  tax  may 
be  laid.  The  city  had  no  power  to 
levy  a  tax  for  revenue  purposes  on 
coal,  etc.,  landed  at  the  wharf,  but 
only  to  defray  expenses  of  measure- 
ment and  inspection  when  required. 
Collins  V.  Louisville,  2  B.  M.   134. 

(12)  Real  property.  Conditions  up- 
on which  tax  can  be  imposed.  Court- 
ney V.  Louisville,  12  Bush,  419.  See 
Con.,  sees.  170,  171  and  notes. 


(13)  What  is  a  tax.  Assessment 
to  pay  for  local  improvement  is  not 
technieallv  a  tax.  Johnson  v.  Louis- 
ville, 11  Bush,  527. 

§  2980a.  (1)  Manufacturing  estab- 
lishment— exemption  of  for  five  years 
must  be  an  inducement  to  its  loca- 
tion. City  of  Middlesboro  v.  Ice  Co., 
108  Ky.  351;  56  S.  W.  427.  "Exemp- 
tion"— Mengel  Box  Co.  v.  City  of 
Louisville,  117  Ky.  735;  79  S.  W.  255; 
Continental  Tob.  Co.  v.  Citv  of  Louis- 
ville, 123  Ky.  173;  94  S.  W.  11;  City 
of  Louisville  v.  National  Casket  Co., 
100  S.  W.  1196;  30  E.  1321. 

(2)  An  electric  light  company  is 
exempt  from  taxation  as  a  manu- 
facturing establishment,  but  its  con- 
duits, wires  and  apparatus  used  in 
distributing  are  not  exempt.  Ken- 
tucky Electric  Co.  v.  Buechel,  146 
Ky.   660;   143  S.  W.     58. 

(3)  Manufacturing  establishment 
in  order  to  entitle  itself  to  exemption 
must  show  something  more  than 
moving  from  one  locality  in  the  city 
to    another   locality.     L.    &   N.    E.    E. 


966 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2981 


§  2981.     Ordinance  fixing  tax  rate — levy  to  be  subdivided.    In 

the  ordinance  fixing  for  any  year  the  tax  rate  the  General  Coun- 
cil shall  subdivide  its  levy  as  follows :  A  levy  for  schools,  a  levy 
for  the  sinking  fund,  a  levy  for  police  purposes,  a  levy  for  the 
fire  department,  a  levy  for  street  and  sewer  cleaning,  a  levy  for 
sprinkling  streets,  a  levy  for  reconstruction  of  streets,  a  levy 
for  street  repairs,  a  levy  for  construction  and  repairs  of  sewers, 
a  levy  for  the  house  of  reform,  a  levy  for  charitable  institutions, 
a  levy  for  parks,  a  levy  for  library  purposes,  and  a  levy  for  gen- 
eral purposes,  and  a  deficit  tax.  The  General  Council  shall 
cause  the  foregoing  levies  to  be  made  for  the  purposes  stated  by 
an  ordinance  fixing  the  tax  rate  each  year.  (This  section  is  an 
act  of  March  20,  1900,  and  is  a  substitute  for  the  original  section, 
which  tuas  amended  by  acts  of  March  15,  16,  1898.) 


Co.  V.  City  of  Louisville,  1>13  Ky.  258; 
136  S.  W.  611;  Louisville  Car  Wheel 
&  Railwav  Supply  Co.  v.  City  of 
Louisville,'  146  Ky.  573;  142  S.  W. 
1043. 

(4)  Three    manufacturing    concerns 
merged    into    one    not    entitled   to    ex- 
emption.    Jones  Bros.,  etc.  v.  City  of 
Louisville,    142    Ky.    759;    135    S.    W 
301.     See  also  Victor  Cotton  Oil  Co 
V.    Citv    of    Louisville,    149    Ky.    149 
148  S."W.  10;  Standard  Tailoring  Co 
V.    Citv    of    Louisville,    152    Kv.    504; 
153  S."^W.  764.     Under  this  section  it 
is   held   that    a   school   tax    of    thirty- 
six    cents    must    be    imposed    on    new 
concerns  as  the  tax  is  a  State  and  not 
a  municipal  tax.     City  of  Louisville  v. 
Board    of    Education,    154    Kv.    316: 
1-57  S.  W.  379. 

(5)  Where  an  existing  business  is 
enlarged  and  transferred  to  a  new 
plant  and  put  in  the  name  of  a  cor- 
poration it  is  not  a  new  business. 
City  of  Louisville  v.  New  York  Bak- 
ing Co.,  151  Ky.  758;   152  S.  W.  980. 

(6)  A  manufacturing  concern  is 
not  exempt  from  school  taxes,  and 
where  the  Assessor  upon  demand  by 
the  Board  of  Education  and  when 
the  assessment  was  not  barred  by  the 
statute  of  limitations,  refused  to  ret- 
rospectively asseses  property  of  such 
manufacturing  establishment  for  five 
years,  the  time  during  which  such 
officer  refused  to  act  or  was  delayed 
b.y   litigation    is    not    to   be   f|?timated 


in  the  application  of  the  statute  of 
limitations.  North  Vernon  Lumber 
Co.  V.  Citv  of  Louisville,  163  Ky.  467; 
173  S.  W.  1120.  An  addition  of  a 
plant  for  manufacture  of  paper  boxes 
by  a  company  manufacturing  wooden 
boxes  lield  not  a  new  business  en- 
titling the  company  to  exemption  un- 
der this  section.  Mengel  Box  Co.  v. 
Sea,  167  Ky.  193;  180  S.  W.  347.  Nor 
is  an  old  business  bought  by  a  new 
concern  or  an  increase  of  the  articles 
manufactured  such  a  new  business  as 
will  entitle  the  new  owner  to  exemp- 
tion. Yogt  Bros.  Machine  Co.  v.  Sea, 
et.  al.,  181  Ky.  327;  204  S.  W.  76. 

(7)  The  mere  enlargement  of  a 
plant  used  for  manufacturing  wood- 
en boxes  and  '  the  installation  of 
machinery  for  manufacturing  paper 
boxes  does  not  constitute  it  a  new 
manufacturing  etsablishment  with- 
in the  meaning  of  the  above  section. 
Mengel  Box  Co.  v.  Sea,  167  Ky.  193; 
180  S.  W.  347.  See  also  McCorniick 
Lumber  Co.  v.  City  of  Winchester, 
155  Ky.  494,  and  notes  under  §  170 
of  the  Constitution;  also  City  of 
Louisville  v.  Louisville  Tin  &  Stove 
Co.,  170  Ky.  557;  186  S.  W.  124. 

§  2981.  (1)  Levy  for  sinking  fund 
may  be  omitted  in  any  year  by  the 
council,  and  when  so  omitted  the 
commissioners  of  the  sinking  fund 
can  not  compel  the  council  to  make 
the  levy.  Com.  Sinking  Fund  v. 
Grainger,  98   Ky.   319;   32   S.   W.   954. 


2982 


CITIES  OF  THE  FIRST  CLASS. 


967 


§  2982.  Expenditures — limit  of — deficit  tax — unexpended  bal- 
ance. In  no  fiscal  year  shall  the  General  Council  appropriate  or 
expend,  or  contract  for  the  expenditure  of,  more  than  ninety- 
five  per  cent  of  the  estimated  revenue  of  the  current  year,  unless 
more  than  that  shall  be  actually  collected ;  and  if  in  any  year 
less  than  ninety-five  per  cent  of  the  estimated  revenue  shall  be 
collected,  any  deficiency  within  ninety-five  per  cent  may  be  pro- 
vided for  in  the  levy  for  the  next  year,  and  shall  be  called  the 
"deficit  tax."  Any  unexpended  balance  of  an  appropriation  in 
any  current  fiscal  year  shall  be  added  by  the  Comptroller  to  the 
amount  appropriated  for  the  same  purpose  out  of  the  levy  for 
the  succeeding  year.  Unappropriated  balances  of  levies  in  any 
current  fiscal  year  when  collected  shall  be  passed  by  the  Treas- 
urer to  the  credit  of  the  same  funds  for  the  succeeding  year. 
(Section  as  amended  by  act  of  March  16,  1898.) 

§  2983.  Failure  to  make  or  making  invalid  levy  ordinance.  If 
in  any  year  the  General  Council  fail  to  pass  a  levy  ordinance,  or 


(2)  Publication  of  ordinance  con- 
oeruing  taxes  a  necessary  prerequis- 
ite to  their  enforcement,  so  made  by 
the  charter.  A  publication  on  Sun- 
day not  sufficient.  Time  of  publi- 
cation. Ormsby  v.  Louisville,  79  Ky. 
197. 

(3)  Tax  levy — purpose — designa- 
tion—  street  sprinkling)  "general 
purposes."  The  levy  ordinance  for 
1904  made  no  provision  for  "street 
sprinkling,"  notwithstanding  the  city 
had  set  apart  $15,000,  derived  from 
the  levy  for  ' '  general  purposes, ' '  to 
be  used  for  sprinkling  the  streets. 
Held,  under  Con.,  Sec.  180,  and  Ky. 
St.,  Sec.  2980  and  2891  the  attempted 
deflection  of  the  "general  purpose" 
fund  complained  of,  was  illegal  and 
was  properlv  enjoined.  City  of  Lou- 
isville V.  Button,  118  Ky.  732;  82  S. 
W.   293. 

(4)  Distribution — interest  on  de- 
linciuent  taxes.  While  section  2981 
provides  that  the  various  named  sub- 
divisions of  the  city  government,  in- 
cluding the  schools,  shall  receive 
their  proportionate  part  of  the  tax 
bill  after  it  is  collected,  there  is  no 
provision  which  in  terms  imports 
that  they  shall  receive  any  part  of 
the  interest  accruing  on  delinquent 
taxes.     Each  must  receive  that  which 


the  statute  gives  it,  but  they  have 
no  right  to  any  part  of  the  interest 
on  the  delinquency  in  the  absence  ot 
an  express  provision  of  the  law  gov- 
erning the  matter.  City  of  Louis- 
ville V.  Louisville  School  Board,  119 
Ky.  574;  84  S.  W.  729.. 

Contemporaneous  construction.  The 
contemporaneous  construction  of  leg- 
islation for  a  long  jieriod  of  time  by 
those  charged  with  its  enforcement 
is  highly  persuasive  of  the  correct- 
ness   of    that    interpretation.    Id. 

(5)  Exemption  from  taxation.  Own- 
ership of  all  the  stock  in  a  water 
company  by  the  city  does  not  ex- 
empt the  property  of  the  water  com- 
pany from  taxation  by  the  State  and 
county.  Bell  v.  City  of  Louisville, 
106  S.  W.   862;   32  E.   699. 

(6)  The  levy  of  a  deficit  tax  is 
left  to  the  sound  discretion  of  the 
general  council.  McDonald  v.  City 
of  Louisville,  US  Kv.  425;  68  S.  W. 
413. 

§  2982.  Unexpended  balance — can 
not  be  expended  by  Board  of  Public 
Safety  until  it  is  appropriated  by  the 
council.  Neumever  v.  Krakel,  110 
Ky.  624;  62  S.  W.  518.  Legislature 
can  not  impose  taxes  for  purely  local 
]>urposes.  McDonald  v.  Citv  of  Lou- 
isville, 113  Ky.  425;  68  S.  W.  413. 


968  AN  ACT  FOR  THE  GOVERNMENT  OF  2984 

if  the  levy  ordinance  in  any  year  shall  be  invalid  or  inoperative, 
the  rate  of  taxation  for  that  fiscal  year  shall  be  the  same  as  it 
was  the  year  before,  item  for  item. 

§  2984.  Land,  improvements  and  personal  property.  For  the 
purpose  of  assessment,  the  soil  shall  be  known  as  ''land"  and 
everything  attached  thereto,  or  built  thereon,  shall  be  known  as 
"improvements,"  and  such  "improvements,"  when  owned  by  the 
tenant,  may  be  assessed  in  his  name  apart  from  the  land. 
Articles,  other  than  land  and  improvements,  shall  be  known  as 
"personal  property."  The  Assessor  shall  assess,  at  its  fair  cash 
value  as  of  the  first  of  September  of  every  year,  all  the  lands, 
improvements,  and  personalty  subject  to  an  ad  valorem  tax  under 
this  act. 

§  2984a.  1.  Assessment  of  shares  of  stock  in  corporations. 
That  the  shares  of  stock  of  every  incorporated  bank,  trust  com- 
pany, guarantee  or  security  company,  and  the  franchise  of  every 
incorporated  gas,  water,  ferry,  bridge,  street  railway,  express, 
electric  light,  electric  power,  telegraph,  press  dispatch,  tele- 
phone, turnpike,  palace  car,  dining  car,  sleeping  car  and  chair 
company,  and  every  other  like  company,  corporation,  or  associ- 
ation, having  or  exercising  any  special  or  exclusive  privilege  or 
franchise  not  allowed  by  law  to  natural  persons,  or  performing 
any  public  service,  shall  hereafter  be  valued  or  assessed  for  city 
taxes  in  the  manner  hereinafter  described,  by  the  City  Assessor 
in  the  cities  of  the  first  class,  wherein  such  franchise  is  exer-. 
cised,  to  the  extent  and  in  the  proportion  the  same  is  therein 
exercised :  Provided,  hoivever,  That  no  assessment  for  city  taxes 
shall  be  made  by  any  Assessor  or  Board  of  Valuation  and  Assess- 
ment of  the  franchise  of  any  private  business,  mercantile  or 
manufacturing  corporation,  whose  property  is  not  devoted  to 
public  use,  nor  upon  the  shares  of  stock  of  any  incorporated 
bank,  trust  company,  guarantee  or  security  company  paying  an^ 
ad  valorem  tax  on  its  real  estate  and  a  license  tax  in  lieu  of  an 
ad  valorem  tax  on  its  personal  estate.  (As  amended  hy  act  of 
March  18,  1904.) 

§   2984a.    Validity   of    this    act   up-  Co.   v.  Alves,   122   Ky.   46;    90   S.  W. 

lield  in  Murphv  v.  City  of  Louisville,  995;    and    in    City    of   Coy.    v.    Cov.    & 

114  Kv.  762;  71  S.  W."934;  Coy.  &  C.  Cin.  Bridge  Co./ 126  Kv.   163;   103  S. 

B.    Co.    y.    City   of   Cov.,    28    R.    394;  W.    248,   it    is    held   that    this    section 

89  S.  W.   296.     But  as   to  third  class  was    repealed    by    the    general    reve- 

cities    it   is   void.      Henderson   Bridge  nue  act  of  1906. 


2984a CITIES  OF  the  first  class. 969 

2.  Reports  to  be  made  to  Assessor  by  corporations.  In  order 
to  determine  the  value  of  the  franchises  mentioned  or  referred 
to  in  the  next  preceding  section,  the  corporations,  companies 
and  associations  therein  mentioned  or  referred  to  shall  each 
annually,  between  September  first  and  October  first,  make  and 
deliver  to  the  Assessor  of  cities  of  the  first  and  second  class, 
wherein  its  franchise  is  exercised,  a  statement,  verified  by  its 
president,  cashier,  secretary,  treasurer,  manager,  or  other  chief 
officer  or  agent,  in  such  form  as  the  City  Assessor  may  pre- 
scribe, showing  the  following  facts,  viz :  The  name  and  principal 
place  of  business  of  the  corporation,  company,  or  association; 
the  kind  of  business  engaged  in,  the  amount  of  capital  stock, 
preferred  and  common j  the  number  of  shares  of  each;  the 
amount  of  stock  paid  up;  the  par  and  real  value  thereof;  the 
highest  price  at  which  such  stock  was  sold  at  a  bona  fide  sale, 
within  twelve  months  next  before  the  first  day  of  Septemiber  of 
the  year  in  which  the  statement  is  required  to  be  made;  the 
amount  of  surplus  fund  and  undivided  profits,  and  the  value  of 
all  other  assets;  the  total  amount  of  indebtedness  as  principal, 
the  amounts  of  gross  or  net  earnings  or  income,  including  in- 
terest on  investments,  and  incomes  from  all  other  sources  for 
twelve  months  next  preceding  the  first  day  of  September  of  the 
year  in  which  the  statement  is  required ;  the  amount  and  kind  of 
tangible  property,  and  where  situated,  assessed,  or  liable  to 
assessment,  and  the  fair  cash  value  thereof,  estimated  at  the 
price  it  would  bring  at  a  fair  voluntary  sale,  and  other  such 
facts  as  the  City  Assessor  may  require. 

3.  Value  of  franchise — how  determined.  Where  the  line  or 
lines  of  any  such  corporation,  company  or  association  extend 
beyond  the  limits  of  the  city,  the  statement  shall,  in  addition  to 
the  other  facts  hereinafter  required,  show  the  length  of  the  lines 
operated,  owned,  leased  or  controlled  in  the  city,  and  the  entire 
lines  operated,  owned,  leased  or  controlled  elsewhere.  If  the 
corporation,  company  or  association  operates  or  conducts  its 
business  outside  of  the  city  as  well  as  in  the  city,  the  statement 
shall  show  the  following  facts  in  addition  to  the  facts  herein- 
above required:  The  gross  and  net  income  or  earnings  received 
on  business  done  in  the  city,  and  the  entire  gross  receipts  of  the 
corporation,  company  or  association  on  business  done  in  the 
city  and  elsewhere,  during  the  twelve  months  next  before  the 


970  AN  ACT  FOR  THE  GOVERNMENT  OF  2984a 

first  day  of  September  of  the  year  in  which  the  assessment  is 
required  to  be  made.  In  cases  where  any  of  the  facts  above  are 
impossible  to  be  answered  correctly,  or  will  not  afford  any  valu- 
able information  in  determining  the  value  of  the  franchises  to 
be  taxed,  the  City  Assessor  may  excuse  the  officer  from  answer- 
ing such  questions.  From  said  statement,  and  from  such  other 
evidence  as  he  may  have,  the  City  Assessor  shall  fix  the  value  of 
the  capital  stock  of  the  corporation,  company  or  association  and 
from  the  amount  thus  fixed  shall  deduct  the  assessed  value  of  all 
its  tangible  property.  The  remainder  thus  found  shall  be  the 
value  of  its  corporate  franchise  subject  to  taxation  as  afore- 
said, if  the  corporation,  company  or  association  does  business 
entirely  within  the  city.     {As  amended  by  acts  1917,  j).  56.) 

4.  Corporations  doing  business  beyond  the  city  limits — fran- 
chise, how  fixed.  If  the  corporation,  company  or  association  does 
business  beyond  the  city  limits  as  well  as  in  the  city,  the  City 
Assessor  shall  fix  the  value  of  the  capital  stock  as  above  provided 
and  will  determine  from  the  amounts  of  the  gross  receipts  of 
such  corporation,  company  or  association  on  business  done  in 
the  city  and  elsewhere,  the  proportion  which  the  gross  receipts 
from  business  done  in  the  city,  within  twelve  months  next  be- 
fore the  first  of  September  of  the  year  in  which  the  assessment 
is  made,  bears  to  the  entire  gross  receipts  of  the  company  within 
said  twelve  months ;  the  same  proportion  of  the  value  of  the  en- 
tire capital  stock  less  the  assessed  value  of  all  its  tangible  prop- 
erty assessed,  or  liable  to  assessment,  shall  be  the  correct  value 
of  the  corporate  franchise  of  such  corporation,  company  or  asso- 
ciation for  taxation  in  the  city.  {As  amended  by  acts  1918,  p. 
56.) 

5.  Fianchise  of  carriers — how  value  may  be  fixed.  If  the  cor- 
poration, company  or  association  be  a  street  railway,  telegraph, 
telephone,  express,  sleeping,  dining,  palace  or  chair  car  com- 
pany, the  lines  of  which  extend  beyond  the  limits  of  the  city,  the 
City  Assessor  may  also  consider  the  proportion  which  the  length 
of  the  lines  operated,  owned,  leased  or  controlled  in  the  city 
bears  to  the  total  length  of  the  lines  owned,  leased  or  controlled 
-in  the  city  and  elsewhere  in  arriving  at  the  proportion  of  the 
value  of  the  franchise  subject  to  taxation  for  city  purposes.  {As 
amended  by  acts  1917,  p.  56.) 

6.  Persons  other  than  corporations — how  taxed.     Whenever 


2984a CITIES  OF  the  first  class. 971 

any  person  or  association  of  persons,  not  being  a  corporation, 
nor  having  capital  stock,  shall,  in  this  State,  engage  in  the  busi- 
ness of  any  of  the  corporations  mentioned  and  made  subject  to 
assessment  in  the  first  section  of  this  act,  then  the  capital  and 
property,  or  the  certificates  or  other  evidences  of  the  rights  or 
interests  of  the  holders  thereof  in  the  business  or  capital  and 
property  employed  therein,  shall  be  deemed  and  treated  as  the 
capital  stock  of  such  person  or  association  of  persons  for  the 
purpose  of  taxation,  and  all  other  purposes,  under  this  act,  in 
like  manner  as  if  such  person  or  association  of  persons  were  a 
corporation. 

7.  Assessor  to  notify  corporations  of  assessment — applica- 
tion for  reduction.  It  shall  be  the  duty  of  the  City  Assessor, 
immediately  after  fixing  such  values,  to  notify  the  corporations, 
companies,  or  associations  of  the  fact;  and  all  such  corpora- 
tions, companies  or  associations  shall  have  at  least  ten  days  from 
the  time  of  receiving  such  notice  to  go  before  the  Board  of  Equali- 
zation of  the  city  and  ask  a  change  of  the  valuation,  and  may 
introduce  evidence,  and  the  chairman  of  said  board  is  hereby 
authorized  to  summon  and  swear  witnesses,  and  after  hearing 
such  evidence,  the  said  board  may  change  the  valuation  as  it 
may  deem  proper,  and  the  action  of  said  board  shall  be  final. 

8.  Collection  of  franchise  tax — when  due.  The  City  Assessor 
shall  make  out  and  authenticate  the  tax  bills  on  the  assessments 
of  franchises  as  provided  in  this  act,  as  well  as  on  all  assess- 
ments hereafter  made  by  the  Board  of  Valuation  and  Assess- 
ment, which  shall  have  the  same  effect  as  tax  bills  made  out  and 
authenticated  by  him  on  assessments  of  other  property,  and 
shall  list  the  same  with  the  Tax  Receiver  for  collection,  and  said 
tax  bills  shall  be  due  and  payable  at  the  same  time,  subject  to 
the  same  discounts  and  penalties,  and  be  collectible  by  distraint, 
garnishment  and  suit,  as  now  provided  by  law,  with  respect  to 
other  tax  bills  due  the  city. 

9.  Penalty  against  corporation  failing  to  report.  Any  cor- 
poration or  officer  thereof  wilfully  failing  or  refusing  to  make 
reports  as  required  by  this  act  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  for  each  offense  shall  be  fined  one  hundred  dol- 
lars, and  five  dollars  for  each  day  the  same  is  not  made  after 
October  first  of  each  year,  to  be  recovered  by  indictment  or  civil 


972  AN  ACT  FOR  THE  GOVERNMENT  OF  2984b 

action,  in  the  name  of  the  city,  in  the  Circuit  Court  of  the  county 
in  which  such  city  is  situated. 

10.  Stockholders  not  required  to  list  stock  if  corporation  pays 
tax.  The  individual  stockholders  of  the  coi'poration,  which  is  by 
this  act  required  to  report  and  pay  city  taxes  upon  the  corporate 
franchise,  shall  not  be  required  to  list  their  shares  in  such  cor- 
poration so  long  as  the  corporation  pays  the  city  taxes  on  the 
corporate  property  and  franchises  as  herein  provided. 

11.  Receiver  or  assignee  to  report  for  corporation.  Should 
any  corporation  required  to  make  the  report,  as  hereinbefore 
provided,  be  in  the  hands  of  or  under  the  control  of  a  receiver, 
or  other  person,  it  shall  be  the  duty  of  such  receiver  or  other 
person  to  make  the  return  and  valuations  as  required  by  this 
act. 

12.  Assessor  may  fix  values  if  corporation  fails  to  report. 
Should  any  corporation,  company  or  association  fail  to  make 
the  report  as  required  herein  on  or  before  the  first  day  of  October 
of  each  year,  the  City  Assessor  shall  proceed  to  ascertain  the 
facts  and  values  as  required  by  this  act,  in  such  manner  and  by 
such  means  as  he  deems  proper,  at  the  cost  of  the  corporation, 
company  or  association  failing  to  make  the  report,  and  shall  fix 
the  value  of  the  corporate  franchise  liable  for  taxation,  as  pro- 
vided in  this  act,  and  the  corporation,  company  or  association 
shall  be  taxed  accordingly. 

13.  Railroad  exempt  from  this  section.  This  act  shall  not 
apply  to, railroad  or  other  corporations  required  by  law  to  be 
assessed  by  the  Railroad  Commission.  (This  section  is  an  act 
of  March  19,  1898 ;  the  numbers  of  the  subsections  are  the  num- 
bers of  the  sections  of  the  act.) 

§  2984b.  Time  of  payment — ^lien.  That  the  revenue  derived 
from  taxes  based  on  income,  licenses  and  franchises  in  lieu  of 
an  ad  valorem  tax,  shall  be  paid  at  such  time  in  the  fiscal  year, 
and  apportioned  and  distributed,  as  may  be  fixed  by  ordinance 
of  the  General  Council,  for  the  same  purposes  as  the  revenue 
derived  from  the  ad  valorem  tax.  In  default  of  the  payment  of 
such  license  taxes  at  the  time  fixed  by  ordinance,  a  penalty  of 
five  per  cent  shall  be  added  thereto  and  interest  on  the  amount 
of  such  license  taxes  shall  be  computed  and  paid  by  the  delin- 
quent from  that  date  at  the  rate  of  six  per  cent  per  annum  until 
paid. 


2985 


CITIES  OF  THE  FIRST  CLASS. 


973 


A  lien  prior  and  superior  to  all  others,  except  State  taxes, 
whether  acquired  before  or  after  the  maturity  of  such  license 
taxes,  shall  exist  in  favor  of  the  city  from  and  after  the  date 
such  license  taxes  become  due  and  payable,  for  the  amount 
thereof,  and  such  penalty  and  interest,  upon  all  the  property, 
real  and  personal,  of  such  delinquent,  which  lien  shall  be  en- 
forcible,  by  suit  in  the  name  of  the  city  in  the  Circuit  Court, 
and  in  such  suit  a  personal  judgment  may  also  be  obtained 
against  such  delinquent  for  the  amount  of  such  license  tax, 
penalty,  interest  and  costs  of  suit.     (Act  of  1904.) 

(b)  Assessments. 

§  2985.  Assessor  to  return  five  assessment  books.  In  making 
the  assessments  and  lists  provided  for  herein,  the  Assessor  shall, 
before  the  tenth  day  of  November  in  each  year,  or  as  soon  there- 
after as  practicable,  make  and  return  not  less  than  five  assess- 
ment books,  and  shall  cause  to  be  entered  therein,  as  near  as 
may  be  in  alphabetical  order,  the  names  of  all  persons  who  are 
the  owners  or  holders  of  lands,  improvements  or  personal  prop- 
erty, and  opposite  the  name  of  each  person,  owner  or  holder,  the 
number  and  block  of  each  of  his  161s,  according  to  the  maps  in 
the  Assessor's  office ;  and  the  aggregate  value  of  each  parcel  of 
land  and  the  value  per  front  foot,  when  such  parcel  fronts  on  a 
public  way;  the  value  of  the  improvements  and  the  assessed 
value  of  the  personal  property. 

§  2986.     Lots    designated    by    numbers — mistake — additional 

assessments.  Any  lot  of  land  which  is  not  now  designated  by  a 
number  in  the  Assessor's  maps,  and  any  lot  of  land  which  is  not 
so  designated,  but  is  hereafter  subdivided,  shall  be  designated  by 
said  Assessor  by  an  appropriate  aerial  number,  and  shall  by  such 
number  be  designated  in  the  assessment  books.  No  mistake  in, 
or  omission  of,  the  right  name  of  the  owner  or  holder  of  lands 


§  2985.    Assessment  and  taxation — 

property  and  persons  liable.  City  v. 
Sonne,  "148  Ky.  394;  1|46  S.  W.  "739. 
This  section  held  constitutional. 
Wooley  V.  City  of  ^Louisville,  24  R. 
13.57,  "71  S.  W.  893.  The  city  in 
which  the  land  lay  may  assess  it  for 
taxation  under  the  facts  stated. 
Kentucky  Lands  Investment  Co.  v. 
Fitch,  144  Ky.  273;  137  S.  W.  1040. 


§  2986.  Mistake  in  name.  Where 
property  was  assessed  as  required  by 
above  section  a  mistake  in  the  name 
of  the  person  does  not  violate  the  as- 
sessment, and  an  owner  of  property 
can  not  complain  because  his  inter- 
est in  such  property  was  not  ascer- 
tained before  judgment  against  him 
on  a  tax  bill,  because  he  knew  what 
interest    he    owned    and    no    claim    is 


974  AN  ACT  FOR  THE  GOVERNMENT  OF 2987 

or  improvements  liable  to  be  assessed  under  the  provisions  of 
this  act  shall  impair  any  assessment  thereof,  if  such  land  be 
designated  in  said  books  by  its  corresponding  number  and  block 
on  said  map ;  or  if  such  improvement  be  there  designated  by  the 
number  and  block  of  the  land  on  which  it  rests ;  or  if  such  lands 
and  improvement  be  otherwise  fully  identified  in  said  books. 
The  General  Council  may  provide  for  additional  assessment  maps 
whenever  necessary. 

§  2987.  Assessor  to  view  property  before  assessing  it.  The 
Assessor  shall,  before  assessing  any  land  or  improvement,  view 
the  same,  by  himself  or  an  assistant ;  and  before  assessing  goods 
and  chattels,  go  upon  the  premises  where  the  same  or  the  greater 
part  thereof  may  be  found.  His  failure  so  to  do  shall  not  in- 
validate the  assessment. 

§  2988.  Owners  and  fiduciaries  to  return  lists — proceedings  in 
case  of  failure.  Every  person  owning  or  holding  taxable  prop- 
erty, in  his  own  right,  or  as  a  fiduciary,  guardian  or  agent,  shall 
return  to  the  Assessor,  or  his  assistant,  a  true  list  of  such  prop- 
erty, real  and  personal,  upon  blanks  therefor  prepared  by  the 
Assessor,  in  the  form  prescribed  by  ordinance,  together  with 
the  value  of  all  personalty,  and  make  oath  before  said  Assessor 
or  one  of  his  assistants.  Should  the  Assessor  conclude  that  in 
any  list  so  filed  the  taxpayer  has  either  omitted  to  list  any  of  his 
property  subject  to  taxation,  or  has  valued  any  so  listed  too  low, 
the  Assessor  may  assess  the  property  so  omitted,  or  raise  the 
valuation  of  the  property  which  he  considers  to  be  assessed  too 
low,  and  shall  thereupon  send  notice  through  the  mail  to  the 
owner  or  holder  either  that  he  has  assessed  the  property  omitted, 
or  raised  the  valuation  of  the  property  assessed  too  low,  as  the 
case  may  be. 

Any  person  thus  notified  may,  within  fifteen  days  after  the 
mailing  of  a  notice  to  him,  file  in  the  Assessor's  office  a  complaint 
either  that  the  property  which  the  Assessor  has  thus  assessed  is 

made  that  he  tendered  or  offered  to  mence  to  run  until  after  the  corree- 
pay  the  amount  he  actually  owed.  tion  where  the  property  jyas  .assess- 
Joyes  V.  City  of  Louisville,  26  R.  713;  ed  in  the  name  of  another  than  the 
82  S.  W.  432;  Wooley  v.  City  of  owner.  City  of  Louisville  v.  Louis- 
Louisville,  24  R.  13.57;  71  S.  W.  893;  ville  Courier-.Journal  Co.,  27  R.  263; 
Citv  V.  Sonne,  148  Kv.  394;  146  S.  84  S.  W.  773;  see  also  140  Kv.  664; 
W.'739.  Under  Sees.  2986,  2991,  2997  131  S.  W.  509. 
to    3009     limitation    does      not    com- 


2989    CITIES  OF  THE  FIRST  CLASS. 975 

not  subject  to  assessment,  or  that  the  valuation  which  the  As- 
sessor has  thus  put  upon  his  property  is  too  high,  as  the  case 
may  be.  If  any  person  files  such  a  complaint  within  said  time 
the  assessment  shall  not  become  binding  nor  shall  any  bill  be 
issued  thereon  until  it  be  passed  upon  by  the  Board  of  Equaliza- 
tion, as  other  such  matters  are  passed  upon  by  said  board. 

In  case  of  the  failure  of  any  one  to  return  a  list  of  his  prop- 
erty as  hereinabove,  true  in  quantity  and  value,  under  oath,  said 
Assessor  may,  according  to  the  best  information  he  can  obtain, 
assess  the  lands,  improvements  and  personal  property. 

The  city  court  shall,  at  the  instance  of  the  Assessor,  by  rule 
or  process  of  contempt,  enforce  upon  delinquents  the  return, 
under  oath,  of  the  list  above  required.  (Amended  October,  1917, 
Legislature.) 

§  2989.  Duty  of  Assessor  to  examine  records  and  make  in- 
quiries. The  Assessor  shall  make  diligent  search  among  the  con- 
veyances and  probated  wills  recorded  in  the  County  Clerk's 
office,  and  among  the  confirmations  of  sales  in  the  courts  from 
day  to  day;  and  shall  also,  by  personal  inquiry  in  his  yearly 
rounds,  seek  to  learn  about  every  death  among  the  owners  of 
lands  or  improvements  in  said  city,  by  which  the  same  may  de- 
volve upon  others. 

§  2990.  Heirs,  devisees  and  joint  owners,  how  assessed — 
future  estate — lien — purchasers.  He  is  directed  not  to  assess 
any  property  in  such  a  name  as  "A  B's  heirs,"  or  "A  B's  de- 
visees," or  "A  B's  executors,"  or  the  like;  but  he  may  assess 
lands  or  improvements  thus :  As  "A  B's  unknown  heirs"  or 
''unknown  devisees,"  or  the  like,  when  the  name  cannot  be  ob- 
tained after  diligent  inquiries  have  been  made.  When  the  joint 
owners  are  more  than  three  in  number,  three  of  the  names,  with 
the  addition  "and  others"  shall  suffice;  and  where  remainders, 
and  reversions  of  future  estates  are  outstanding,  the  holder  of 
the  particular  estate  shall  be  assessed  with  the  words  "holder 
of  present  estate"  added  to  his  name;  but  whenever  the  names 
of  all  the  owners  are  not  given,  no  lien  for  the  taxes  shall  arise 
to  the  detriment  of  any  purchaser  from  those  not  named,  unless 
the  assessment,  by  its  own  terms,  or  by  reference  to  the  city 
maps,  identifies  the  lands  or  improvements  therein  embraced. 

§  2990.  See  Fenlev  v.  Citv  of  Louis-       of  Louisville   v.   Sonne,   148   Ky.   394; 
ville,  119  Ky.  569;  84  S.  W.  582.  City       146  S.  W.  739. 


976 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2991 


§  2991.  Assessment  in  wrong  name — failure  to  assess — 
retrospective  assessment.  Whenever,  by  any  complaint  of  the 
party  assessed  or  otherwise  it  appears  that  any  property  has 
been  assessed  in  a  name  other  than  that  of  the  owner  or  holder, 
the  City  Assessor  shall,  after  notice,  through  the  mail  to  the 
owner  or  holder,  at  the  time  of  the  notice,  make  the  correction, 
whether  for  the  current,  or  preceding  year,  in  his  books,  and 
certify  such  correction  to  the  Tax  Receiver ;  and  to  the  corrected 
assessment  and  to  the  retrospective  assessment  hereinafter 
authorized,  the  remedies  of  Sections  2997  and  3009,  both  inclu- 
sive, shall  attach,  beginning  with  the  first  of  May  after  the  cor- 
rection of  retrospective  assessments  is  certified  to  the  receiver. 
When  any  lands  or  improvements,  or  personal  property,  shall 
not  be  assessed  in  any  one  year,  they  may,  when  the  omission 
is  discovered,  be  assessed  retrospectively  for  that  year  at  any 
time  not  later  than  five  years  thereafter ;  but  the  lien  thereby  ac- 
cruing to  the  city  shall  not  prejudice  the  right  of  purchasers  ac- 
quired in  the  meantime ;  and  for  any  damage  arising  to  the  city 
by  the  loss  of  lien,  the  Assessor  guilty  of  the  omission,  together 


§  2991.  Assessment  in  wrong  name. 

Above  section  does  not  apply  after 
the  assessment  has  been  made  and 
no  complaint  made.  Joyes  v.  City  of 
Louisville,  26  R.  713;  82  S.  W.  432; 
City  V.  Louisville  /Courier-Journal 
Co.,  27  R.  263;  84  S.  W.  773;  140  Kv. 
6G4;  131  S.  W.  .509;  City  of  Louis- 
ville V.  Sonne,  148  Ky.  394;  146  S. 
W.   739. 

(2)       Retrospective       lassessments. 

Where  property  taxable  in  a  city  is 
not  assessed  there  during  the  period 
prescribed  by  statute  for  making  the 
assessment,  the  assessor  is  author- 
ized, independently  of  statute,  to  as- 
sess it  retrospectively  at  any  time 
before  the  right  to  assess  and  collect 
taxes  is  barred  by  the  statute  of 
limitations.  Botto's  Ex'r.  v.  City  of 
Louisville,  79  S.  W.  241;  117  Kv.  798; 
see  Com.  v.  Nute,  115  Ky.  239;  72  S. 
W.  1090. 

Retrospective  assessment  of  per- 
sonalty. Even  before  the  amend- 
ment of  1906  the  city  of  Louisville 
had  the  right  to  retrospectively  as- 
sess personal  property  that  had  been 
omitted   from    assessment.      Hegan    v. 


City  of  Louisville,  106  S.  W.  80n; 
32  R.  668;  1082;  107  S.  W.  809. 

Retrospective  assessment  —  notice. 
Although  a  person  retrospective  as- 
sessed alleges  that  he  had  no  notice 
of  the  assessment,  this  is  not  suffi- 
cient ground  to  enjoin  the  collection 
of  the  tax.  The  statute  does  not  re- 
quire that  the  notice  be  received, 
only  that  it  be  sent.  It  is  the  duty 
of  a  person  objecting  to  a  retrospec- 
tive assessment  and  who  has  not  re- 
ceived the  notice  required  by  law  to 
make  known  his  objection  as  soon*  as 
he  learns  that  the  retrospective  as- 
sessment has  been  made.   Id. 

Injunction  against  collection  of  tax 
under  retrospective  assessment.  In 
seeking  to  enjoin  a  retrospective  as- 
sessment the  plaintiff  should  allege 
in  his  petition  that  he  did  not  have 
the  property  which  was  assessed  to 
him  retrospectively  in  addition  to 
that  which  had  been  included  in  his 
original  assessment.  Id.  iSee  fur- 
ther on  this  section  City  of  Louis- 
ville V.  Louisville  Courier-Journal 
Co.,  140  Kv.  664;  131  S.  W.  509;  N. 
Vernon  Lumber  Co.,  163  Ky.  467; 
177  S.  W.  1120. 


2992  CITIES  OF  THE  FIRST  CLASS.  977 

with  his  bondsmen,  shall  be  liable.  Any  person  thus  retrospec- 
tively assessed  may,  within  thirty  days  after  the  mailing  of  a 
notice  thereof  to  him,  file  in  the  Assessor's  office  the  complaint 
provided  for  in  the  next  section.  If  he  does  so,  the  assessment 
shall  not  become  binding,  nor  shall  any  bill  be  issued  thereupon 
until  it  be  passed  on  as  in  the  next  section  provided.  (Section 
as  amended  by  act  of  March  21,  1906.) 

§  2992.  Assessment  books  to  remain  open — correction  of 
errors.  The  assessment  books  in  the  section  named  shall  remain 
open  in  the  Assessor's  office  from  the  fifteenth  to  the  thirtieth 
of  November,  and  any  one  who  thinks  that  his  personal  prop- 
erty, lands  or  improvements,  or  those  in  which  he  has  an  in- 
terest, though  they  be  not  assessed  in  his  name,  have  been  as- 
sessed beyond  their  value,  may,  before  the  last  named  day,  file 
with  the  Assessor  his  complaint,  specifically  describing  the  prop- 
erty claimed  to  be  assessed  beyond  its  value  and  the  alleged  ex- 
cess. The  Board  of  Equalization  shall  investigate  all  complaints 
duly  filed  and  shall,  according  to  the  justice  of  the  case,  approve, 
reduce  or  raise  the  assessment.  When  any  complaint  is  heard  by 
the  Board  of  Equalization,  whether  the  same  is  filed  under  this 
section  or  any  other  section  of  the  Kentucky  Statutes,  the  bur- 
den of  proof  shall  be  upon  the  person  complaining  to  show  that 
his  property  has  been  assessed  beyond  its  value,  or  that  he  did 
not  own  the  property  sought  to  be  assessed  on  the  assessing  date 
involved,  as  the  case  may  be. 

If  the  board  be  of  the  opinion,  on  investigation,  that  any  as- 
sessment is  too  low,  it  shall  thereupon  notify  the  taxpayer, 
through  the  mail,  stating  the  value  which,  in  its  judgment,  shall 
be  put  upon  the  property  involved  and  fix  a  day  for  such  a  tax 
payer  to  appear  before  it,  not  earlier  than  five  days,  exclusive  of 
Sundays  and  holidays,  after  the  mailing  of  such  notice.  If  the 
taxpayer  should  appear  he  shall  be  given  an  opportunity  to  show 
why  the  value  suggested  by  the  board  is  not  correct,  and  the 
board  shall  thereupon  fix  the  assessment  of  such  property.  If 
such  taxpayer  does  not  appear  before  the  board  at  the  time  set, 
the  board  shall  fix  what,  in  its  judgment,  is  the  proper  value  of 
the  property  involved. 

In  all  cases  the  action  of  the  board  shall  be  final.  (As  amended 
by  acts  1917.) 


978 AN  ACT  FOR  THE  GOVERNMENT  OF 2993 

§  2993.     Board  of  Equalization — number  of  vacancies — power. 

The  Board  of  Equalization  shall  consist  of  three  citizens  of  the 
city,  to  be  elected  annually  in  September  by  the  Board  of  Alder- 
men. They  may  be  removed  by  the  General  Council.  Vacancies 
caused  by  such  removal,  or  by  death,  resignation  or  departure 
from  the  city,  shall  also  be  filled  by  the  Board  of  Aldermen.  The 
General  Council  may  compensate  the  members  of  said  board  out 
of  the  treasury  at  a  rate  not  exceeding  ten  dollars  to  each  for 
each  day's  service.  Two  members  shall  make  a  quorum.  If  two 
or  all  of  the  members  of  the  board  fail  to  attend,  the  Mayor  may, 
by  writing,  under  his  hand,  appoint  others  to  take  their  places 
for  the  time  being.  The  board,  when  made  up  in  whole  or  in 
part  of  such  appointees,  m.ay  reduce  or  increase  assessments, 
as  provided  for  in  the  next  preceding  section. 

The  chairman  of  the  board  is  hereby  authorized  to  summon 
and  swear  witnesses,  and  to  hear  such  evidence  as  may  be  com- 
petent with  reference  to  any  matters  pertaining  to  the  assess- 
ment of  property. 

The  Board  of  Equalization,  after  convening  in  November, 
shall  close  its  session  during  the  month  of  December  following. 
(Approved  May  2,  1917.) 

§  2994.  Failure  to  elect  board — complaint  of  taxpayer — pro- 
ceedings. If  in  any  year  a  legal  board  of  equalization  is  not 
elected,  or  fails  to  meet,  or  fails  otherwise  to  perform  any  essen- 
tial act,  or  if,  in  any  year,  the  assessment  books  should  not  re- 
main open  for  the  requisite  time,  the  tax  bill  shall  not  thereby 
become  void;  but  when  any  taxpayer,  in  such  a  case,  complains 
of  the  assessment  upon  him,  such  a  board  shall  then  be  chosen 
in  the  manner  indicated,  or  the  board  theretofore  chosen  shall 
meet,  as  the  case  may  be,  and  hear  all  complaint  in  the  manner 
stated ;  and  the  collection  of  tax  bills  from  those  so  complaining 
shall  be  suspended  till  the  board  has  heard  and  disposed  of  their 
complaints. 

§  2993.  Board  of  Equalization — Ap-  §    2994.    Levy    and    assessment    of 

pointment.      Board   appointed   by   the  taxes — An    objection    that    the    board 

Mayor     without     consent     of     council  of  aldermen  did  not  elect  a  board  of 

was  invalid;  so  if  the  board  was  not  equalization   by   vote   viva   voce    held 

appointed       at      the      proper        time.  unavailing  to   defendant.     WooUey  v. 

Slaughter  v.  Louisville,  89  Ky.  112;  8  City  of  Louisville,  71  S.  W.  893;   114 

S.  W.  917;  and  see  Wooley  v.  City,  114  Ky.  556. 
Ky.  556;   71  S.  W.  893. 


2995 


CITIES  OF  THE  FIRST  CLASS. 


979 


§  2995.     Board  to  keep  journal — place  and  time  of  meetings. 

The  Board  of  Equalization  shall  keep  a  full  and  true  journal  of 
its  proceedings,  which  is  to  be  preserved  as  part  of  the  city 
records.  The  board  shall  hold  its  meetings  at  the  Assessor's 
office.  It  may  be  reconvened  by  the  Mayor,  from  time  to  time, 
to  pass  on  the  complaints  of  those  retrospectively  assessed. 

§  2996.  Tax  bills — when  to  be  listed  with  Tax  Receiver  when 
payable — evidence.  The  Assessor  shall,  during  the  month  of 
December  in  each  year,  or  as  soon  as  the  rates  for  the  coming 
year  are  fixed,  begin  to  make  out  the  tax  bills  according  to  the 
provisions  of  the  ordinances  of  the  city  levying  taxes  for  the 
corresponding  year,  or  according  to  the  levy  provided  for  in 
Section  2981,*  as  the  case  may  be,  and  shall  list  such  bills  for 
collection  with  the  Tax  Receiver  by  the  third  day  of  January 
following,  or  as  soon  thereafter  as  practicable;  said  tax  bills 
shall  be  payable  on  the  third  day  of  January,  and  due  on  the  first 
day  of  May  in  the  year  for  which  made  out.  The  taxes  on  per- 
sonal property  may  be  included  with  those  on  some  one  parcel 
of  land  and  improvements.  Each  bill  shall  be  authenticated  by 
the  Assessor  by  his  signature,  or  a  stamped  fac  simile  thereof, 
and  when  so  authenticated,  it  shall  be  prima  facie  proof  that  all 
steps  have  been  taken  to  make  it  a  binding  tax  bill  for  the 
amounts  and  purposes,  and  against  the  person  and  property 
therein  named  or  described;  and  this  rule  of  evidence  shall  apply 
to  the  tax  bills  of  eighteen  hundred  and  eighty-five  and  eighteen 
hundred  and  eighty-six  that  have  been  so  authenticated  under 
the  ordinance  of  the  General  Council. 


§  2995.  Meeting  of  tax  commission- 
ers— notice  of  sittings.  A  failure  of 
the  board  of  tax  commissioners  to 
meet  at  stated  time  invalidated  the 
tax  levy  for  that  year.  A  notice 
signed  by  the  assessor  alone  was  not 
a  compliance  with  the  law,  which  re- 
quired notice  by  the  board  of  tax- 
coramissioners.  Slaughter  v.  Louis- 
ville, 89  Ky.  112;  8  S.  W.  920.  See 
changes  made  by  the  present  law. 

§  2996.  Tax  bills — prima  facie  evi- 
dence. Section  of  city  charter  mak- 
ing "tax  bill"  prima  facie  evidence 
of  valid  assessment,  etc.,  is  valid. 
Citv  of  Louisville  v.  Johnson,  9.5  Ky. 
254;  24  S.  W.  875;  Wooley  v.  City, 
114  Ky.  556;   71  S.  W.  893. 


*In  Acts  1891,  '92,  and  '93,  this  ref- 
erence is  to  sec.  213  of  that  act;  evi- 
dently this  is  a  mistake. — Ed.  See 
also  as  to  burden  of  proof,  Albin 
Co.  V.  Citv  of  Louisville,  25  R.  2055; 
79  S.  W.  274;  City  of  Louisville  v. 
Louisville  Courier-Journal  Co.,  140 
Ky.  664;  131  S.  W.  509;  Bell's  Trus- 
tee V.  Citv  of  Lexington,  120  Kv. 
199;  85  S.  W.  1081;  Security  Trust  & 
Safety  Vault  Co.  v.  City  of  Lexing- 
ton, 203  S.  W.  323. 

The  limitation  upon  tax  bills  does 
not  begin  to  run  until  the  first  day 
of  May  wlien  the  taxes  are  due. 
North  Vernon  Lumber  Co.  v.  City 
of  Louisville,  163  Kv.  467;  177  S.  W. 
1120. 


980 


AN  ACT  FOR  THE  GOVERNMENT  OF 


2997 


(c)  Collection  and  payment  of  taxes. 

§  2997.  Tax  bills  listed  with  receiver — discounts  for  prompt 
payment.  The  Assessor  shall  make  out  the  tax  bills,  and  shall 
list  such  bills  for  collection  with  the  Tax  Receiver  by  the  third 
day  of  January  following,  or  as  soon  thereafter  as  practicable; 
and  such  taxes  shall  then  be  payable  at  the  Tax  Receiver's  office. 
Those  paid  in  January  or  the  first  ten  working  days  in  February 
shall  be  reduced  by  a  discount  of  three  per  cent,  and  those  paid 
in  the  rest  of  February  by  two  per  cent,  and  those  paid  in  March 
by  one  per  cent. 

§  2998.  Remedies  for  collection  of  taxes — interest — penalties. 
Within  a  reasonable  time  after  the  tax  bills  for  the  year  have 
been  listed  with  the  Tax  Receiver,  he  shall,  by  himself,  deputy, 
or  employes,  mail  to  every  person  against  whom  any  tax  bill 
has  been*  listed,  to  the  guardians  and  committees  of  infants  and 
lunatics,  and  to  the  agents  of  absent  property  owners,  whose 
address  is  unknown  to  him,  a  postpaid  notice,  directed  to  the  best 
of  his  knowledge,  giving  a  brief  description  of  the  property  tax- 
ed, stating  the  number  and  amount  of  the  bill,  or  bills  listed 
against  the  taxpayer  addressed,  the  date  of  their  maturity,  and 
the  penalties  imposed  for  nonpayment;  but  the  failure  of  the 
Tax  Receiver  to  send  such  notice,  or  of  the  taxpayer  to  receive 


§  2997.  See  cases  cited  under  2986, 
and  also -City  of  Louisville  v.  Becker, 
139  Ky.  17;'  129  S.  W.  311;  holding 
that  one  voluntarily  paying  taxes 
illegally  assessed  before  they  are  due 
so  as  to  secure  a  rebate,  can  not  re- 
cover. Under  sections  "2986,  '2993, 
2997,  3009,  limitation  against  an 
action  for  the  collection  of  taxes 
does  not  commence  to  run  till  after 
the  correction,  where  the  property 
was  assessed  in  the  name  of  another 
than  the  owner.  City  of  Louisville 
V.  Louisville  Courier-Journal  Co.,  27 
E.  263;   84  S.  W.  773. 

Discount  provided  by  this  section 
held  valid  and  not  violative  of  consti- 
tution section  171  or  180.  Board  of 
Education  v.  Sea,  167  Ky.  772;  181 
S.  W.  670. 

§  2998.  (1)  Collection  of  taxes  ■by- 
action — defenses..  Fonda  v.  City,  20 
E.  1652;  49  S.  W.  785;  Eeed  v.  City, 
22  E.  Ij636;  61  S.  W.  11;  Walston  v. 
Citv,   23   E.    1852;    66   S.   W.   385;   for 


full    discussion    see    Woollev    v.    Citv, 
114  Ky.  556;   71  S.  W.  893.' 

(2)  Mode  of  enforcement.  The 
Legislature,  having  the  power  to  en- 
force the  tax,  can  not  be  restricted 
in  its  mode  of  collection;  but  it  can 
not  extort  from  the  proj^erty  owners 
under  the  guise  of  taxation  more 
than  the  value  of  the  property  sub- 
jected directly  to  the  tax.  Broadway 
Baptist  Church  v.  McAtee,  8  Bush, 
508. 

(3)  Rate  of  interest. — Section  2998, 
Kentucky  Statutes,  fixes  the  rate  of 
interest  that  must  be  paid  on  uncol- 
lected tax  bills.  Joyes  v.  Citv  of 
Louisville,   26   E.   713;    82   S.   W.*  432. 

The  provision  of  this  section  being 
the  amended  act  of  March,  1906,  pro- 
viding that  delinquent  taxes  shall 
bear  interest  after  the  first  year  of 
their  delinquency  at  the  rate  of  one 
per  cent  per  month,  held  constitu- 
tional. Specht  V.  Citv  of  Louisville, 
135  Ky.   548;   122  S.   W.   846.   The  in- 


2999    CITIES  OF  THE  FIRST  CLASS. 981 

it,  shall  not  invalidate  the  tax,  nor  the  interest,  or  penalties  pro- 
vided by  this  act,  nor  any  subsequent  proceeding  for  the  collec- 
tion of  either.  All  of  the  tax  bills  uncollected,  in  whole  or  in 
part,  on  the  first  day  of  May,  succeeding  the  day  on  which  they 
were  listed  with  the  Tax  Receiver  for  collection,  shall  be  due, 
and  thereafter  shall  bear  interest  at  the  rate  of  one-half  (i/^) 
of  one  per  cent  (1  per  cent)  for  every  month  or  fraction  of  a 
month  from  said  first  day  of  May,  until  paid,  or  until  the  prop- 
erty of  the  delinquent  has  been  sold  for  the  tax,  as  hereinafter 
provided.  Upon  the  first  day  of  July  succeeding  the  day  on 
which  the  tax  bills  were  listed  with  the  Tax  Receiver  for  collec- 
tion there  shall  be  added  to  all  tax  bills  then  unpaid  a  penalty 
of  ten  per  cent  (10  per  cent)  on  the  face  of  the  bill,  which  shall 
be  in  addition  to  the  interest  above  provided  for. 

Tax  bills  assessed  against  an  administrator,  executor,  or 
trustee,  shall  be  a  charge  against  the  whole  succession  of  trust 
estates,  and  may  be  enforced  accordingly,  aside,  in  either  case, 
from  the  other  remedies  hereinafter  given. 

§  2999.  Who  to  be  liable  for  taxes.  Every  guardian,  commit- 
tee, trustee,  or  other  fiduciary  appointed  under  the  laws  of  Ken- 
tucky, or  by  a  deed  or  will  recorded  in  any  County  Clerk's  office 
therein,  who  has  the  management  of  any  lands  or  improvements 
in  the  city,  and  every  agent  of  a  non-resident  of  Kentucky  own- 
ing property  in  the  city,  who  collects  the  rent  thereof,  or  the 
husbands  of  women  owning  such  lands  or  improvements,  who 
collect  the  rent  or  income  thereof  in  money,  or  enjoy  the  profits 
of  such  lands  or  improvements  by  occupying  the  same,  shall  be- 
fore the  first  of  July  of  each  year  pay  out  of  the  net  income  of 
such  lands  and  improvements,  the  city  tax  assessed  upon  the 
same  in  the  preceding  year,  with  accrued  interest,  before  apply- 
ing such  income  to  the  wants  of,  or  paying  it  over  to  his  bene- 
ficiaries or  employer,  any  instructions  of  the  latter  notwith- 
standing and,  in  default  thereof,  he  shall  be  liable  for  such  tax 

terest   and   penalties   provided   for  by       Louisville  v.  Louisville  School  Board, 

the   corresponding   section   in   the   old       119  Ky.  574;  84  S.  W.  729. 

act  were  not  remitted  by  the  act  of        ,  <^)    ^^^    discount    allowed   by    the 

iQin     >.     or>a      t  «„-„,r-ii„'    n„,    TJtrv,^^!  charter    of    the    citv    for    pavment    of 

191U,    p.    zOo.    Liouisville    Car    Wneel  ,^  v.  ^         i.u       u  n'  ^^ 

„       '      „       ,      ^  ^.,        ,.  T      •  taxes  before  they  become  due  applie»( 

&    Ry.    Supply   Co.    v.    City   of   Louis-  onlv  to  the  levy  for  school  purposes. 

ville,    146    Ky.    573,    142    S.    W.    1043.  Board   of   Education    v.   Sea,   167   Kv. 

See    further    on    this    section    City    of  772;  181.  S.  W.  670. 


982 AN  ACT  FOR  THE  GOVERNMENT  OF 3000 

to  the  amount  of  the  iiicome  which  he  might  have  so  applied, 
which  liability  may  be  enforced  in  equitable  proceedings  in  any 
court  of  competent  jurisdiction  in  which  it  shall  not  be  an  answer 
that  the  city  has  a  security  in  its  lien  upon  the  lands  and  im- 
provements, and  right  to  sell  same  for  taxes. 

§  3000.  Tax  Receiver — report.  The  Tax  Receiver  shall,  as 
early  in  the  month  of  July  as  is  practicable,  make  a  list  of  all 
the  tax  bills  remaining  wholly  or  in  part  unpaid  on  the  first  of 
July.  He  shall  at  once  file  the  list  with  the  City  Comptroller. 
For  reporting  falsely,  he  shall  answer  to  the  person  aggrieved 
for  all  costs,  penalties  and  damages  caused  thereby ;  but  neither 
a  false  report,  or  a  failure  to  report,  shall  invalidate  subsequent 
proceedings  under  this  act. 

§  3001.  Collection — interest — penalty  —  lien — sale.  Immedi- 
ately upon  the  filing  of  these  lists,  the  Tax  Receiver  or  one 
of  his  deputies,  shall  distrain  the  goods  and  chattels  owned 
by,  or  in  the  rightful  possession  of  the  person  from  whom  the 
tax  is  due,  notwithstanding  the  existence  of  any  lien  upon 
same,  except  that  for  State  taxes,  and  may  proceed  to  sell  the 
title  of  such  person  in  so  much  thereof  as  will  pay  the  tax 
due  with  penalties,  interest  and  costs.  If  there  be  no  personal 
property  reasonably  available,  out  of  which  said  bills  can  be 
collected  by  such  distraint,  the  Tax  Receiver  shall  sell  any  real 
estate  belonging  to  such  delinquent  taxpayer,  or  enough  thereof 
to  pay  the  taxes  due,  with  interest,  penalties  and  costs,  except 
that  where  there  are  bona  fide  mortgages  or  vendor's  liens  of 
record  on  real  estate,  only  liens  now  given  by  law  shall  be  en- 
forced by  such  sale.  No  warrant  shall  be  required  for  such 
distraint  or  sale  of  either  personal  or  real  property,  but  the 
tax  bill,  unpaid  in  whole  or  in  part,  shall  give  sufficient  power 
for  such  distraint  and  sales,  and  all  subsequent  proceedings 
thereunder.  He  shall  thus  in  each  case  make  out  of  the  property 
of  the  person  assessed,  the  amount  of  the  tax  bill,  or  the  unpaid 
part  thereof,  together  with  interest  at  the  rate  of  one-half  (I/2) 
of  one  per  cent  (1  per  cent)  per  month,  or  fraction  of  a  month, 

§  3001.  Penalty  for  non-payment  on  ment  or  other  judicial  process  is  nec- 

the  day.  The  exaction  of  ten  per  cent  essary,  but  is  only  a  provisional  and 

for   non-payment   of   the   assessed   tax  valid    increase,    pro    rata,    of    the    as- 

within  a  prescribed  time  is  not  a  pen-  sessment.     Lou.  City  Ry.  Co.  v.  Louis- 

alty    for    enforcing    which    an    indict-  ville,  4  Bush  478. 


3001 CITIES  OF  THE  FIRST  CLASS. 983 

from  the  first  day  of  May  last  past,  and  ten  per  cent  (10  per 
cent)  on  the  face  of  the  bill.  Said  tax  bills  shall  have  the  force 
and  effect  of  an  execution  issued  upon  a  judgment  against  the 
delinquent,  in  addition  to  the  tax  lien  now  provided  by  law. 
The  city  shall  have  a  lien  on  personal  property  as  provided  in 
case  of  real  property,  for  its  taxes.  A  sale  of  personalty  under 
such  tax  bills  shall  be  for  cash,  and  levy,  advertisement,  sale 
and  delivery  to  purchaser  shall  be  made  in  like  manner  as  of 
goods  levied  upon  under  execution  on  replevin  bond.  When 
such  tax  bills  are  against  a  married  woman,  they  may  be  also 
levied  upon  such  goods  of  her  husband,  not  exempt  from  levy 
under  a  like  tax  bill  against  himself,  and  found  on  any  of  the 
lands  or  improvements  for  which  the  married  woman  is  as- 
sessed. A  sale  of  real  property  under  such  bills  shall  be  for 
cash,  and  in  such  cases  the  Tax  Receiver  shall  sell  at  public 
auction  so  much  of  the  property  of  the  delinquent  as  shall  pay 
the  taxes  due,  with  penalties,  interest  and  costs,  in  the  same 
manner  that  property  is  sold  under  execution,  except  that  the 
sale  shall  be  had  at  the  door  of  the  City  Hall  of  the  city  in  which 
the  land  lies,  and  need  not  be  appraised  or  levied  on.  Such 
sale  shall  be  advertised  by  posting  for  fifteen  (15)  days  before 
the  sale,  a  written  or  printed  notice  at  the  City  Hall  door,  and 
by  publication  once  a  week  for  four  (4)  weeks  prior  to  the 
day  of  sale,  in  the  newspaper  published  in  the  English  lan- 
guage, selected  by  the  General  Council,  to  print  its  proceedings 
and  ordinances ;  and  the  Tax  Receiver  shall,  not  less  than  fifteen 
(15)  days  before  the  sale,  mail  to  the  delinquent  a  postal  card 
addressed  to  his  place  of  residence  or  place  of  business,  if  such 
can  be  ascertained,  notifying  him  of  the  time  and  place  of  the 
sale;  and  in  order  to  cover  the  cost  of  such  advertisement  and 
notification  the  Tax  Receiver  shall  have  two  dollars  ($2.00)  for 
each  person  whose  property  is  advertised,  to  be  paid  by  the  delin- 
quent, but  in  no  event  to  be  paid  by  the  city,  and  money  so  re- 
ceived shall  be  paid  by  the  Tax  Receiver  into  the  City  Treasury ; 
but  the  failure  of  the  Tax  Receiver  to  send,  or  of  the  taxpayer  to 
receive  the  mail  notice  of  sale  herein  required,  shall  not  invalidate 
the  sale  of  any  subsequent  proceedings  thereunder. 

§  3002.     Purchase  by  city — redemption.     If  at   any    sale   for 
taxes  of  real  property,  no  one  will  bid  for  or  purchase  the  prop- 


984  AN  ACT  FOR  THE  GOVERNMENT  OF  3001 

erty  offered  for  sale,  at  the  amount  of  the  tax,  the  charges  due, 
and  the  cost  of  sale,  including  the  cost  of  advertising,  it  shall  be 
the  duty  of  the  Tax  Receiver  to  purchase  same  for  the  city,  for 
the  amount  of  the  tax  due,  with  interest  and  penalties  and  costs 

s 

of  sale  thereon.  The  owner  of  the  real  estate  so  sold,  his  heirs, 
representatives,  assigns,  shall  have  the  same  right  to  redeem 
such  real  estate  from  the  purchaser  thereof  at  any  time  within 
two  years  from  the  day  of  sale,  as  is  provided  by  law  in  the  sale 
of  real  estate  under  execution,  by  paying  to  the  Tax  Receiver  the 
amount  of  the  purchase  price  at  said  sale,  with  interest  thereon 
at  the  rate  of  one  per  cent  (1  per  cent)  per  month,  or  fraction 
thereof,  from  the  day  of  sale;  and  in  case  the  land  is  not  re- 
deemed before  the  first  day  of  April  succeeding  the  sale,  by  pay- 
ing a  further  penalty  of  five  per  cent  (5  per  cent)  upon  the  pur- 
chase price.  During  the  two  years  allowed  for  redemption,  and 
until  redemption,  the  land  so  sold  shall  be  assessed  for  subse- 
quent tax  levies,  in  the  name  of  the  delinquent  owner.  During 
that  time,  there  shall  be  no  sale  of  the  land  for  the  collection  of 
such  later  tax  bills,  but  the  delinquent  shall  be  required  to  pay 
said  bills,  with  interest  and  penalties  as  above  provided,  upon  the 
redemption  of  the  land,  in  addition  to  the  payment  of  the  pur- 
chase price,  with  interest  and  penalties  as  hereinabove  required. 
All  moneys  paid  in  redemption  of  land  sold  for  city  taxes,  shall 
be  paid  to  the  Tax  Receiver  of  the  city,  who  shall  account  for  such 
moneys  in  the  same  manner  and  to  the  same  officer  as  is  required 
of  him  in  the  regular  collection  of  taxes ;  except  that,  when  the 
purchaser  at  a  tax  sale  is  not  the  city,  the  Tax  Receiver  shall  pay 
over  to  the  purchaser  upon  proper  receipt,  the  amount  of  the 
purchase  price,  with  interest  and  penalties  thereon;  but  all 
moneys  paid  by  the  delinquent  at  the  time  of  redemption  in  dis- 
charge of  the  bills  against  that  land  which  was  assessed  subse- 
quently to  the  tax  for  which  the  sale  was  had,  shall  be  accounted 
for  by  the  Tax  Receiver  as  are  other  tax  collections ;  and  it  shall 
be  the  duty  of  the  Tax  Receiver  to  promptly  notify  the  purchaser 
at  a  tax  sale  of  the  redemption  of  the  land  purchased  by  him,  by 
postpaid  letter  or  card.  [Provided  that  infants  whose  lands  have 
been  sold  for  taxes  under  the  provisions  of  this  act,  shall  have 
one  year  after  they  become  of  age  within  which  to  redeem  said 
lands,  and  provided  that  the  same  penalty  and  interest  shall  be 


3003  CITIES  OF  THE  FIRST  CLASS. 985 

charged  against  infants'  lands  until  redeemed,  and  all  other  de- 
linquent tax  bills  with  interest  and  penalties  shall  be  paid  upon 
redemption.]     (Lariguage  in  br'ackets  added  by  act  of  1916.) 

§  3003.  Reports — certificate  of  purchase.  The  Tax  Receiver 
shall  within  sixty  (60)  days  after  same  are  made,  report  the  re- 
sult of  all  tax  sales  to  the  Comptroller,  giving  the  number  and 
amount  of  the  tax  bill  or  bills,  for  which  the  sale  was  had,  the 
date  of  sale,  the  amount  bid,  and  the  name  of  the  purchaser;  and 
he  shall  keep  such  a  record  in  his  own  office  in  an  appropriate 
book,  in  which  an  alphabetical  index  shall  be  kept  of  the  names 
of  the  delinquents  whose  properties  have  been  sold,  and  said  book 
shall  contain  a  column  or  space  opposite  each  record  of  sale,  in 
which  shall  be  entered  a  record  of  the  redemption  of  the  land,  or 
of  its  conveyance  to  the  purchaser  in  case  it  be  not  redeemed. 

Upon  the  purchaser  of  any  realty,  the  Tax  Receiver  shall  de- 
liver to  the  purchaser,  other  than  the  city,  upon  payment  of  the 
price,  a  certificate  in  substantially  the  following  form : : 

"This  is  to  certify  that  on  this  day  ,  whose 

Post  Office  address  is  No Street,  City  of , 

State  of ■ purchased  at  a  tax  sale  of  the 

city  of the  following  described  real 

estate  in  said  city : 


Said  purchaser  has  paid  therefor  the  sum  of  $ , 

which  represents  the  tax,  penalties,  interest  and  costs,  on  the 

following  tax  bills  to  the  date  of  sale: 

Year    '        No.  of  Bill  Person  Assessed  Face  of  Bill 


Witness  my  hand  and  seal  this  ....  day  of ,  19. . . 

Tax  Receiver  of  City  of " 


§  3003.  Lien — personal  liability  of  trustee,  personal  representative  or 
owner — agent  or  personal  represent-  agent  in  his  fiduciary  capacity  for 
ative.  Under  sections  3003  and  3005,  taxes  due  the  city,  and  which  be- 
not  only  a  lien  may  be  enforced,  but  came  due  more  than  five  years  be- 
a  personal  Judgment  may  be  render-  for  the  filing  of  the  petition.  City 
ed  under  either  section  against  the  of  Louisville  v.  Eobinson's  Ex 'or,  119 
owner     of     property    or     against     the  Ky.  908;   85  S.  W.  172. 


986  AN  ACT  FOR  THE  GOVERNMENT  OF  3004 

•  The  Tax  Receiver  shall  keep  a  duplicate  of  such  certificates  and 
a  record  of  all  proceedings  taken  by  him  at  such  sales.  Should 
any  person  bid  at  such  sale  the  amount  to  be  raised,  and  then  fail 
to  pay  same,  the  Tax  Receiver  shall  immediately  re-sell  said 
property.  No  levy  or  attempted  levy  upon  personalty  shall  be 
necessary  to  validate  any  sale  of  realty,  whether  such  realty  be 
sold  for  taxes  on  realty,  or  on  personalty,  or  both. 

§  3004.  A'^esting  of  title — time.  If  the  land  be  not  redeemed 
within  two  years  from  the  date  of  sale,  a  fee  simple  title  shall 
vest  absolutely  in  the  purchaser,  subject  only  to  State  taxes. 
Thereupon,  the  Tax  Receiver  then  in  office,  shall  convey  the  prop- 
erty by  deed  to  the  purchaser,  who  shall  then  be  entitled  to  pos- 
session of  the  property,  and  have  the  right  to  recover  same  by 
suit  or  motion,  as  may  be  found  most  appropriate :  Provided,  that 
it  shall  be  the  duty  of  a  purchaser,  other  than  the  city,  to  pay  all 
later  tax  bills,  owing  to  the  city,  with  interest,  as  provided  in 
Section  2998,  which  were  assessed  against  that  property  after  the 
assessment  of  the  tax  for  which  it  was  sold,  and  the  Tax  Receiver 
shall  not  convey  the  property  to  such  a  purchaser  until  all  such 
tax  bills  have  been  paid.  Such  deed  shall  be  prima  facie  evidence 
of  the  regularity  of  the  sale,  and  of  all  prior  proceedings  and  title 
in  the  person  to  whom  the  deed  has  been  executed. 

The  City  Comptroller  may  advertise  and  sell  at  public  auction 
any  lands  which  were  purchased  by  the  city  at  tax  sale,  and  to 
which  the  city  has  received  a  deed,  and  of  which  it  has  possession, 
and  may  convey  said  land  by  deed  to  the  purchaser,  provided 
that  he  may  be  directed  as  to  the  time  and  manner  of  sale  by  ordi- 
nance of  General  Council.  No  real  property  thus  acquired  by 
the  city,  except  such  as  may  be  proper  and  necessary  for  public 
purposes,  shall  be  held  by  the  city  longer  than  five  (5)  years  after 
being  vested  with  title  and  unless  the  same  is  sold  and  conveyed 
by  the  city  within  that  period  of  time,  the  title  thereto  shall 
escheat  to  the  Commonwealth  of  Kentucky. 

§  3005.  Power  to  enforce  collection.  In  addition  to  the  powers 
given  to  cities  of  the  first  class  by  the  foregoing  provisions  of 
this  act,  for  the  collection  of  taxes  by  sale  of  the  delinquent's 

§  3004.   The  old  section  was  enact-  §  3005.   (1)  Action  to  recover  taxes 

ed  in  lieu  of  Sec.  2779.  City  of  Lou-  — ^limitation.      When     limitation     be- 

isville  V.  School  Board,  119  Ky.  575;  gins   to   run   against   city  as   to   right 

84  S.  W.  729.  to  maintain  suit  to  recover  taxes.  City 


3005 


CITIES  OF  THE  FIRST  CLASS. 


987 


property  under  a  tax  bill,  such  cities  shall  have  the  power  to  en- 
force collection  of  any  tax  bill  due  them  by  all  remedies  given  for 
the  recovery  of  debt  in  any  court  of  the  Commonwealth  other- 
wise competent  for  that  purpose. 

This  act  shall  in  no  wise  invalidate  or  suspend  any  suit  or 
action  now  pending  for  the  enforcement  of  any  tax  now  due,  but 
said  suits  and  actions  may  be  prosecuted  as  though  this  act  had 
not  been  passed.  In  addition,  all  the  remedies  provided  in  this 
act,  shall  apply  to  any  unpaid  tax  bills,  whether  assessed  for  the 
year  1910,  or  any  previous  year. 

All  tax  bills,  for  whatever  year  levied  which  shall  be  owing  a 
city  of  the  first  class,  on  June  30,  1910,  and  which  are  then  due 
and  unpaid,  in  whole  or  in  part,  whether  in  suit  or  not,  shall  on 
and  after  that  date,  be  subject  to  the  provisions  of  this  act,  both 
as  to  interest  and  penalties  (including  the  penalty  of  ten  per  cent 
(10  per  cent)  to  be  added  on  July  first)  as  to  collection  by  sale 
under  tax  bill  or  by  suit.  For  the  collection  of  all  tax  bills  not  in 
suit,  which  are  due  and  unpaid,  the  Tax  Receiver  shall  in  July, 
1910,  proceed  by  sale  as  herein  provided. 

(Sees.  2998-3005,  inclusive,  are  a  part  of  an  Act  of  March, 
1910.) 

Repealing-  clause.  That  all  other  laws,  and  parts  of  law,  not 
mentioned  in  sections  one,  two  and  three  of  this  act,  and  in  con- 
flict with  the  provisions  thereof,  are  hereby  repealed.  (This  re- 
pealing clause  applies  to  Sections  2998-3005,  inclusive,  and  under 
it  all  laws  in  conflict  ivith  these  sections  are  repealed.) 


of  Louisville  v.  Johnson,  95  Ky.  254; 
24  S.  W.  875;  see  Woolev  v.  Citv, 
114  Ky.  556;  71  S.  W.  893;  Com.  v. 
Nute,  115  Ky.  239  j  and  Notes,  sec. 
2998. 

(2)  Power  to  compromise  claims 
for  taxes.  Under  Con.  Sec.  52,  the 
general  council  has  no  power  to  com- 
promise a  claim  for  taxes  after  the 
assessment  has  been  regularly  made 
and  the  claim  has  come  into  the 
•hands  of  the  collecting  officer;  and 
especially  has  the  general  council  no 
such  power  after  the  city  attorney 
has  brought  suit  on  the  unpaid  tax 
bill,  as  provided  by  above  section. 

The  city  attorney  of  a  city  of  the 
first  class  has  no  power  to  compro- 
mise claims  for  taxes  either  before  or 
after  suit  is  brought.     City  of  Louis- 


ville v.  Louisville  R.  Co.,  Ill  Kv.   1; 
63  S.  W.  114;  98  Am.  St.  Rep.  387. 

(3)  Sale  of  real  property  to  pay 
taxes.  The  power  to  sell  real  estate 
for  taxes,  if  not  granted  in  express 
words  in  the  city  charter,  must  nec- 
essarily be  implied  from  the  lan- 
guage used.  Redemption — convey- 
ance to  purchaser,  Johnson  v.  Lou- 
isville, 11  Bush,  527. 

(4)  Construction  of  statutes.  Sec- 
tion 3005,  will  not  relieve  appellant 
of  the  liens  in  the  other  actions  in 
which  he  was  made  a  party  because 
he  can  not  claim  both  under  and 
against  the  judgment  at  the  same 
time,  and  having  made  his  purchase 
subject  to  the  lien  of  the  city  he  can 
not  afterwards  claim  that  he  holds 
free  of  that  lien.  Burton  v.  Citv  of 
Louisville,  27  R.  514;   86  S.  W.  72. 


988 


AN  ACT  FOR  THE  GOVERNMENT  OF 


3006 


§  3006.  Realty  and  leasehold  estates — lien — eiTors  not  to 
rdease.  The  fee-simple  of  all  lands  in  the  city,  and  the  full  term 
and  renewal  of  every  leasehold  carrying  with  it  the  value  of  the 


(5)  statute  of  limitation.  This 
action  to  recover  taxes  was  filed  in 
1SS8.  The  answer  was  filed  in  1891, 
and  an  amended  petition  was  filed  in 
1897.  The  defendant  then  filed  an 
answer  pleading  the  statute  of  limi- 
tation as  a  bar  on  account  of  laches 
in  prosecuting  the  action  with  dili- 
gence. Held,  that  delay  in  bringing 
to  trial  an  issue  made  by  the  parties 
does  not  again  set  in  motion  the  run- 
ning of  the  statute  which  had  been 
arrested  by  the  filing  of  the  suit. 
Citv  of  Louisville  v.  Hornsbv's 
Ex''ors,  etc.,  23  E.  1238;  64  S.  W.  996. 

(6)  Commencement  of  action.  Un- 
der section  2.524,  providing  that  an 
action  shall  be  deemed  to  have  been 
commenced  at  the  date  of  the  first 
summons  or  process  issued  in  good 
faith  from  the  court  having  jurisdic- 
tion where  the  plaintiff  did  not  know 
that  the  defendant  was  a  non-resi- 
dent the  action  was  deemed  to  have 
commenced  by  the  filing  of  the  peti- 
tion and  the  issual  of  a  summons. 
Walston  V.  City  of  Louisville,  23  K. 
1852;  66  S.  W.  385. 

Act  providing  for  interest  on  taxes 
not  special  legislation.  The  provi- 
sion allowing  interest  on  past  due 
tax  bills  is  not  in  violation  of  the 
Constitution,  as  special  legislation, 
although  a  different  rate  of  interest 
is  provided  for  in  another  class  of 
cities  and  no  interest  allowed  on  past 
due  State,  countv  or  district  tax  bills, 
Id. 

Appeals.  An  appellant  has  a  right 
to  have  an  appeal  granted  by  the 
clerk  of  the  Appellate  Court  at  any 
time  within  two  years  after  the  ren- 
dition of  the  judgment,  whether  or 
not  the  appeals  granted  in  the  court 
below  have  been  dismissed. 

(7)  Lien  for  taxes — limitation — 
purchaser  for  value.  Where  appel- 
lant took  no  step  in  the  prosecution 
of  its  action  for  tax  after  filing  it  for 
more  than  fifteen  years,  and  in  the 
meantime  appellee  in  good  faith  be- 
came a  lender  for  value  and  without 
notice  of  the  pendency  of  the  suit 
or  claim  of  appellant  for  taxes,  a 
lis  pendens  did  not  exist  in  favor  of 


the  city  at  the  time  the  interests  of 
appellee  intervened.  Under  the  stat- 
ute providing  that  limitation  shall 
run  against  both  State  and  municipal 
taxation,  a  city 's  right  to  enforce  a 
tax  lien  may  be  lost  by  inexcusaBle 
laches.  Siebert  v.  City  of  Louisville, 
101  S.  W.  325;  125  Ky.  292. 

Practice.  The  rule  is  that  a  party 
claiming  the  benefit  arising  from  a 
lis  pendens  must,  in  order  to  entitle 
himself  to  it  against  the  bona  fide 
i:)urchaser,  show  that  the  suit  had 
been  prosecuted  with  reasonable  dili- 
gence. City  of  Louisville  v.  Burke, 
etc.,  27  R.  896;  37  S.  W.  269. 

The  city  having  failed  to  make  the 
mortgagee  a  party  to  an  action  for 
the  recovery  of  taxes  for  more  than 
five  years  after  the  city  had  institut- 
ed the  action,  the  mortgagee  can  not 
plead  the  five  years  statute  of  limita- 
tion in  bar  to  city's  prior  lien  on  the 
property  as  to  the  mortgagee.  Riss- 
berger  v.  City  of  Louisville,  118  S. 
W.   319. 

Statute  of  limitations  aoes  not  be- 
gin to  run  until  August  20th  of  the 
year  for  which  a  tax  bill  is  made  out. 
Chatterson  v.  Citv  of  Louisville,  145 
Ky.   421,  536;    140"  S.  W.  647. 

Reserve  Fund  of  Domestic  Life  In- 
surance Company  subject  to  taxation 
Commonwealth  Life  Insurance  Co.  v. 
Citv  of  Louisville,  145  Ky.  284;  140 
S.  W.  306. 

Taxes  voluntarily  paid  under  mis- 
take of  law  or  fact  can  not  be  re- 
covered. Citv  of  Louisville  v.  Becker, 
139  Ky.  17;  129  S.  W.  311. 

Revenue  Act  of  1910  is  retroactive 
and  valid.  Louisville  Car  Wheel  & 
Railwav  Supplv  Co.  v.  Citv  of  Lou- 
isville,'146  Ky";   573;   142  S.  W.   1043. 

In  filing  a  tax  suit  the  City  must 
file  a  notice  of  lis  pendens  in  the 
County  Clerk's  office  as  required  by 
See.  2358a.  Carter  v.  Citv  of  Louis- 
ville, 147  Ky.  791;  145  S.  W.  739.  See 
also  Citv  of  Louisville  v.  Sonne,  148 
Kv.  394;  140  S.  W.  739;  City  of 
Louisville  v.  Kohnhorst,  25  R.  532;  76 
S.  W.  43. 

§  3006,  The  lien  of  the  city  for 
taxes    not    impaired    by    sale    of   land 


3007 CITIES  OF  THE  FIRST  CLASS. 989 

improvements  thereon,  shall  be  subject,  from  and  after  the  first 
day  of  September  of  each  year,  to  a  lien  for  the  city  tax,  to  be 
assessed  thereon  for  the  succeeding  year,  which  lien  shall  be 
superior  to  homestead  right  and  to  all  encumbrances,  whether 
made  before  or  after  that  date,  except  State  taxes,  and  shall  take 
precedence  of  dower,  curtesy,  remainders,  reversi6ns,  or  future 
estates ;  and  from  the  beginning  of  the  action  a  lien  for  each  tax 
bill  assessed  against  the  same  owner  or  set  of  joint  owners  shall 
also  arise  upon  every  piece  of  land  or  improvement  still  owned  by 
him  or  them,  with  a  view  to  the  sale  of  less  than  all  the  pieces  for 
all  tax  bills,  subject  to  such  marshaling  of  burdens  as  against 
third  parties  as  the  rules  of  equity  may  require.  The  court  may 
allow  a  purchaser  or  encumbrancer  to  release  any  parcel  on  pay- 
ment of  its  tax,  with  interest  and  share  of  costs.  The  lien  herein 
given  for  taxes  shall  attach,  though  through  error  in  the  pro- 
ceedings for  any  year  the  tax  bill  may  be  unenforceable,  in  which 
case  the  lien  reaching  back  to  the  date  named  shall  support  the 
city's  claim  for  the  taxes  that  may  be  imposed  afterward  for  the 
year  in  question  by.  any  curative  act  or  acts  of  the  Legislature. 

§  3007.  Collection  of  taxes  due  by  infants  and  persons  of 
unsound  mind.  The  goods  of  infants,  or  persons  judicially  found 
to  be  of  unsound  mind,  shall  not  be  distrained  for  the  taxes 
assessed  on  their  lands  or  improvements;  nor  shall  their  lands, 
during  their  disability,  be  sold  for  less  than  two-thirds  of  their 
appraised  value  on  any  judgment  of  sale  rendered  for  taxes  and 
costs  alone,  when  those  lands  or  improvements  have  come  to  them 
through  descent,  distribution  or  devise,  or  the  gift  of  settlement 
of  some  person  then  deceased,  or  have  belonged  to  persons  of 
unsound  mind  before  they  became  such;  nor  shall,  for  taxes 
chargeable  to  the  owner  of  the  particular  estate,  the  entire  estate 
be  sold  for  taxes  and  costs  alone  at  less  than  two-thirds  of  the  ap- 
praised value,  so  as  to  defeat  reversions,  remainders  or  future 
estates  while  any  future  estates  are  outstanding,  unless  the  re- 
versioners or  remaindermen  are  ascertained  and  are  full  of  age ; 
nor  shall  such  entire  estates  be  put  up  to  sale,  unless  the  partic- 
ular estate  of  the  taxpayer  had  first  been  put  up  and  has  failed 
to  bring  the  amount  of  the  taxes  and  costs. 

for  State  taxes.  Kentucky  Lands  In-  137  S.  W.  1040.  City  v.  Sonne,  148 
vestment    Co.   v.   Fitch,   144   Ky.   273;       Ky.  394;   146  S.  W.   739. 


990 


AN  ACT  FOR  THE  GOVERNMENT  OF 


3008 


§  3008.  Unlawful  distraints  and  gainishments — remedies — 
injunction.  Any  court  of  competent  jurisdiction,  not  inferior  to 
a  circuit  court,  may,  in  the  established  modes  of  proceedings, 
and  upon  existing-  principles  of  law  or  equity,  give  redress  against 
unlawful  distraints  or  garnishments  of  rents  that  may  be  wrong- 
fully made  or'  threatened  under  color  of  this  act;  but  no  injunc- 
tion shall  be  granted  in  such  proceeding,  except  by  the  court  or 
its  judge,  nor  otherwise  than  upon  notice  to  said  city,  and  after  a 
hearing. 

§  3009.  Receiver  of  court  or  attorney  for  city  to  pay  taxes 
collected  to  city  receiver.  The  receiver  of  the  circuit  court,  and 
all  other  ministerial  officers  in  the  county,  shall  pay  directly  to 
the  tax  receiver  for  the  time  being,  on  his  own  receipt,  without 
the  intervention  of  an  attorney,  the  amounts  received  by  the  said 
city  for  taxes  in  any  judicial  proceeding.  Where,  from  any 
cause,  moneys  so  recovered  have  come  into  the  hands  of  an  attor- 
ney on  behalf  of  the  city,  he  shall  deliver  them  to  such  tax 
receiver. 

SUBDIVISION  XXVIII.- 

Sinking  Fund  and  Water  Works. 

§  3010.  1.  Sinking  fund — commissioners — number  and  elec- 
tion. The  sinking  fund  to  pay  the  bonded  debt  of  the  city  is 
hereby  continued  as  now  established  by  law,  and  shall  consist  of 


§  3010.  (1)  Commissioners — ^  elec- 
tion by  council  umler  old  charter. 
Tillman  v.  Otter,  93  Ky.  600;  20  S. 
W.  1036;  29  L.  E.  A.  110;  as  to  eligi- 
bility of  persons  who  lived  in  terri- 
tory annexed  to  the  eitv,  see  Gibson 
V.  Wood,   105  Ky.  740;  49  S.  W.  768. 

(2)  Grold  bonds.  City  may  make  its 
bonds  payable  in  gold,  although  the 
act  authorizing  their  issual  is  silent 
on  this  subject.  Farson  v.  Board  of 
Corns.,   97   ky.    119;    30  S.  W.    17. 

(3)  Levy  for  sinking  fund  may  be 
omitted  in  any  year  by  the  council, 
and  when  so  omitted  the  icommis- 
sioners  of  the  sinking  fund  can  not 
compel  the  council  to  make  the  levy. 
Corns.  Sinking  Fund  v.  Grainger,  98 
Ky.   3]'9;   32  S.  W.  954. 

(4)  Sinking  fund  and  redemption. 
Act    of    March    9,    1867,    created    the 


Board  of  Commissioners  of  the  sink- 
ing fund  of  the  city  of  Louisville, 
See.  3010,  provides  that  the  sinking 
fund  of  the  city  of  Louisville,  to  pay 
the  bonded  debt  of  the  city,  is  con- 
tinued as  established  by  law,  and 
that  whenever  it  is  apparent  to  the 
board  that  the  revenue  and  available 
assets  of  such  sinking  fund  will  be 
insufficient  to  pay  any  future  matur- 
ing bonds  of  the  city,  without  unduly 
impairing  the  sinking  fund,  the  com- 
missioners shall  certify  such  fact  to 
the  general  council  of  said  city. 
Held,  that  the  corporation  known  as 
the  "Commissioners  of  the  Sinking 
Fund"  is  in  existence.  Woolley  v. 
Citv  of  Louisville,  114  Ky.  556;  71 
S.  W.  893. 

(5)  Taxes  payable  to  sinking  fund. 
Taxes   levied    for    the    benefit    of    the 


3010 


CITIES  OF  THE  FIRST  CLASS. 


991 


the  Mayor,  the  President  of  the  Board  of  Aldermen  for  the  time 
being,  and  three  persons  to  be  chosen  on  joint  ballot,  as  herein- 
after directed,  and  they  and  their  successors  in  office  shall  con- 
tinue to  constitute  the  "commissioners  of  the  sinking  fund  of  the 
city  of  Louisville,"  and  by  that  name  shall  continue  to  have  cor- 
porate powers  and  existence,  may  sue  and  be  sued,  and  do  and 
perform  all  things  necessary  to  execute  the  duties  required  and 
powers  given  them  by  this  act. 

2.  President  —  compensation  of  members  —  by-laws  —  em- 
ployes. They  shall  annually  elect  one  of  their  number  president 
of  the  board,  may  fill  vacancies,  have  and  use  a  common  seal,  or 
act  without  such  seal.  They  may  allow  compensation  to  each 
member  of  said  board,  other  than  the  salaried  officers  thereof,  for 
attendance  upon  the  meetings  of  the  board,  not  exceeding  ten 
dollars  for  each  meeting  attended;  and  they  may  allow  a  rea- 
sonable compensation  to  said  members  for  any  special  services 
that  may  be  required  of  them  by  said  board.  They  may  prescribe 
and  enforce  such  by-laws  and  rules,  not  contrary  to  law,  as  they 
may  deem  necessary  for  the  proper  conduct  of  the  business  and 
affairs  of  said  sinking  fund.  Such  by-laws  may  provide  for  de- 
ductions to  be  made  from  the  compensation  of  the  officers  and 
employes  of  the  sinking  fund  for  neglect  of  duty  or  violation  of 
the  by-laws.  Such  commissioners  shall  elect  and  appoint  all  offi- 
cers and  employes  of  said  sinking  fund,  and  shall  prescribe  their 
duties  and  fix  their  compensation  ;  and  all  officers  and  employes  of 
said  sinking  fund,  except  the  president,  treasurer  and  secretary 
shall  hold  their  offices  at  the  pleasure  of  the  board,  as  prescribed 
by  the  by-laws. 


sinking  fund  being  in  substance  lev- 
ied for  the  payment  of  the  city 's 
debts,  the  fact  that  they  were  made 
payable  to  the  sinking  fund  commis- 
sion did  not  affect  their  validity;  the 
council  being  required  to  make  a  levy 
to  meet  the  obligations  of  the  city 
and  the  form  in  which  the  levy  was 
made  not  being  prejudicial  to  the  tax- 
payer. Id. 

(6)  Where  a  by-law  of  the  Sink- 
ing Fund  Commissioners  provided 
that  officers  and  employes  shall  be 
elected  in  June  of  each  year,  and 
enter    upon    their    duties    August    1st, 


following,  and  serve  until  their  suc- 
cessors are  in  like  manner  qualified, 
it  was  held  that  an  employe  so  ap- 
pointed was  entitled  to  hold  for  the 
full  year,  but  could  be  removed  for 
cause  or  by  a  change  of  the  by-laws. 
MeCfert  v.' Brown,  132  Ky.  201;  116 
S.  W.   779,   1177. 

(7)  The  City  will  be  enjoined 
from  issuing  bonds  bearing  interest 
from  a  date  prior  to  maturity  when 
the  debt  is  to  be  refunded.  Com- 
missioners, etc.,  V.  Zimmerman,  101 
Ky.  432;  41  S.  W.  428. 


992 AN  ACT  FOR  THE  GOVERNMENT  OF 3010 

'  3.  Commissioners  how  chosen.  The  said  commissioners  other 
than  the  Mayor  and  President  of  the  Board  of  Aldermen,  shall 
be  chosen  for  the  term  of  three  years  and  until  their  successors 
shall  have  qualified.  The  General  Council  shall  on  joint  ballot,  in 
the  month  of  October  of  each  year,  elect  a  commissioner  of  the 
sinking  fund  to  fill  the  place  of  the  commissioner  whose  term  of 
service  expires  that  year.  In  the  event  the  General  Council  fail 
to  elect  in  that  month,  then  the  election  shall  be  made  by  the  com- 
missioners themselves.  If  the  person  elected  at  any  election  by 
th  General  Council  shall  fail  to  qualify  within  ten  days  next  after 
his  election,  he  shall  be  regarded  as  declining  to  act,  and  the  com- 
missioners of  the  sinking  fund  shall  elect  a  person  to  fill  said 
vacancy  at  a  regular  meeting  of  said  board.  Nothing  in  this  act 
shall  in  any  manner  interfere  with  the  term  of  oflice  of  any  com- 
missioner now  elected  by  the  General  Council. 

4.  Eligibility  of  commissioners.  No  one  who  is  either  Alder- 
man, Councilman,  or  an  officer  of  said  city,  county  or  State,  shall 
be  eligible  to  said  office  of  commissioner  to  be  elected  by  the  Gen- 
eral Council,  and  who  does  not  possess  the  qualifications  required 
for  the  office  of  Councilman  in  cities  of  the  first  class. 

5.  Oath  commissioners  and  officers  to  take.  Each  of  the 
commissioners  of  the  sinking  fund,  and  the  treasurer  and  secre- 
tary of  said  commissioners,  before  entering  upon  the  discharge 
of  the  duties  of  his  office,  shall  make  oath  well,  truly,  faithfully 
and  according  to  law,  to  discharge  the  duties  of  his  office,  which 
oath  being  reduced  to  writing,  shall  be  signed  by  the  affiant  and 
attested  by  the  officer  administering  said  oath,  and  delivered,  filed 
and  kept  as  part  of  the  records  of  the  sinking  fund. 

6.  Removal  of  commissioners  from  office.  The  said  commis- 
sioners may  be  removed  from  office  for  malfeasance,  or  misfeas- 
ance, by  the  Board  of  Aldermen  in  the  same  manner  as  provided 
for  the  removal  of  executive  and  ministerial  officers  of  cities  of 
the  first  class. 

7.  Penalty  for  misappropriation  of  funds.  Any  person  hav- 
ing charge,  control  or  possession  of  said  sinking  fund,  or  any  part 
thereof,  or  any  of  its  property,  money,  or  evidences  of  property 
or  stock  or  other  valuable  thing,  who  shall  wilfully  embezzle  or 
misapply  the  same,  or  any  part  thereof,  shall  be  deemed  guilty  of 
a  felony,  and  on  conviction  thereof  shall  be  confined  in  the  peni- 


3010 CITIES  OF  THE  FIRST  CLASS. 993 

tentiary  of  this  State  not  less  than  one  or  more  than  twenty  (20) 
years  at  the  discretion  of  a  jury^ 

8.  Sinking  fund — resources  of — puiposes  for  which  it  may  be 
used.  The  sinking-  fund  shall  be  under  the  control  and  manag-e- 
ment  of  the  commissioners  of  the  sinking  fund,  and  shall  be  held 
and  sacredly  used  for  the  payment  of  the  principal  and  interest 
of  the  bonded  debt  of  the  city.  The  General  Council  shall  have 
no  power  to  pass  ordinances  to  diminish  the  present  resources 
of  the  sinking  fund  as  now  established  until  the  debts  of  said  city, 
now  or  hereafter  charged  or  chargeable  upon  said  fund,  are  paid, 
but  may  pass  laws  to  increase  the  said  resources ;  and  the  whole 
resources  of  said  fund  from  year  to  year  shall  be  sacredly  set 
apart  and  applied  to  the  payment  of  the  interest  and  principal  of 
the  city's  debts  chargeable  on  said  fund,  and  to  no  other  use  or 
purpose  until  the  whole  of  the  debts  of  said  city  are  fully  paid 
and  satisfied,  including  the  present  and  any  future  indebtedness 
of  said  city.  Nor  shall  any  other  bonds,  nor  interest  thereof,  be 
charged  upon  said  fund,  unless  provisions  are  made  for  the  pay- 
ment thereof  at  the  time  of  the  charge,  sufficient,  in  the  opinion 
of  the  commissioners,  to  pay  the  same. 

9.  Sinking  fund — purpose  for  which  it  may  be  used — disposi- 
tion of  surphis.  The  funds,  estate  and  income  belonging  now  or 
hereafter  to  said  fund  shall  be  and  is  vested  in  and  be  under  the 
control  and  management  of  the  board  of  commissioners  for  the 
purposes  herein  declared;  and  if  injured,  withheld  or  abstracted, 
said  board  of  commissioners  may  sue  for  and  recover  the  same  or 
any  part  thereof  in  their  corporate  name.  The  said  commission- 
ers shall  apply  said  fund  to  the  payment  of  the  city's  debt  charge- 
able on  the  same,  when  they  can  do  so  on  fair  terms,  but  when- 
ever there  shall  be  a  sui^plus  of  said  funds  which  cannot  be  applied 
on  fair  terms  to  the  extinguishment  of  said  liabilities,  the  said 
commissioners  may  invest  the  same  in  bonds  of  said  city,  or  for 
which  it  is  bound,  or  bonds  of  the  State  of  Kentucky,  or  in  United 
States  bonds. 

10.  Bonds  to  be  issued  when  resources  of  fund  insufficient. 
Whenever  it  is  apparent  to  the  commissioners  of  the  sinking  fund 
of  any  city  of  the  first  class  that  the  revenue  and  available  assets 
of  said  sinking  fund  will  be  insufficient  to  pay  when  due,  any 
future  maturing  bonds  of  said  city  then  issued  and  chargeable  to 
said  sinking  fund,  without  unduly  impairing  the  assets  of  said 


994 AN  ACT  FOR  THE  GOVERNMENT  OF 3010 

sinking  fund,  and  the  said  commissioners  of  the  sinking  fund 
shall  certify  this  fact  to  the  General  Council  of  said  city,  the 
General  Council  shall  at  once  provide  by  ordinance  for  the  re- 
funding of  said  bonds  by  the  issue  of  other  bonds  of  said  city, 
bearing  such  rate  of  interest  and  payable  at  such  time  and  place 
as  may  be  prescribed  by  the  ordinances,  and  cause  the  same  to 
be  delivered  to  the  commissioners  of  the  sinking  fund,  to  be  by 
them  sold  or  exchanged,  as  they  may  deem  most  expedient,  in 
order  to  retire  the  bonds  which  it  is  necessary  to  refund.  The 
certificate  of  the  commissioners  of  the  sinking  fund  as  to  the  in- 
ability of  the  sinking  fund  to  pay  when  due  any  future  maturing 
bonds  out  of  its  revenue  and  available  assets,  shall  be  conclusive 
evidence  of  the  fact  recited  in  said  certificate. 

11.  Commissioners  may  borrow  money.  The  commissioners 
of  the  sinking  fund  of  cities  of  the  first  class  shall  have  power, 
whenever  they  deem  it  necessary  and  expedient  to  do  so,  to  bor- 
row money  to  pay  liabilities  of  the  sinking  fund,  when  the  same 
can  not  be  paid  at  maturity  out  of  the  current  income  of  the  sink- 
ing fund,  to  secure  the  repayment  of  any  money  so  borrowed: 
Provided,  however,  they  shall  not  at  any  time  borrow  a  greater 
sum  than  in  their  judgment  can  be  repaid  out  of  the  current  in- 
come of  the  sinking  fund  during  the  year  in  which  the  money  is 
borrowed. 

12.  Depository  of  funds.  The  commissioners  of  the  sinking 
fund  shall  deposit  the  funds  in  their  hands  as  commissioners  in 
some  incorporated  bank,  State  or  National,  located  or  doing  busi- 
ness in  said  city.  The  bank  selected  by  the  commissioners  afore- 
said shall  give  bond  with  good  and  sufficient  security  to  secure 
the  said  commissioners  ^the  payment  of  all  moneys  and  other 
things  of  value  deposited  by  them  with  such  banks;  and  upon 
such  bond  recovery  may  be  had  for  any  breach  of  the  conditions 
thereof  by  suit  in  any  court  of  competent  jurisdiction.  The 
moneys  or  other  things  of  value  belonging  to  the  sinking  fund, 
or  which  may  be  placed  to  the  credit  of  the  commissioners  of  the 
sinking  fund,  can  only  be  withdrawn  upon  the  order  of  the  treas- 
urer and  secretary,  approved  and  certified  by  the  president  of 
the  commissioners  of  the  sinking  fund. 

13.  Water  company  stock.  There  shall  be  added  to  the  pres- 
ent resources  of  the  sinking  fund  of  said  city  the  stock  owned  by 
her  in  the  Louisville  Water  Company.    The  commissioners  of  the 


3010 CITIES  OF  THE  FIRST  CLASS. 995 

sinking  fund  shall  have  the  power  to  purchase  from  individuals 
holding  the  same  the  certificates  of  stock  held  by  said  individuals 
in  the  Louisville  Water  Company,  and  when  so  purchased  shall 
be  held  by  said  commissioners  as  a  part  of  the  sinking  fund  of 
said  city. 

14.  South  Louisville  bonds  to  be  paid.  The  sinking  fund  is 
hereby  charged  with  the  payment  of  the  principal  and  interest  of 
the  fifty  thousand  dollars  of  bonds  issued  by  the  town  of  South 
Louisville,  dated  the  first  day  of  November,  1892,  and  payable  on 
the  first  day  of  November,  1912,  at  the  Fidelity  Trust  and  Safety 
Vault  Company,  of  Louisville,  Kentucky,  and  the  General  Council 
shall  make  an  annual  levy,  sufficient,  in  the  opinion  of  the  com- 
missioners of  the  sinking  fund,  to  pay  the  interest  upon  said 
bonds,  and  to  create  a  fund  for  the  principal  thereof,  when  due, 
and  said  sums  so  levied  and  collected  shall  be  paid  into  the  sink- 
ing fund  for  the  aforesaid  purposes. 

15.  Commissioners  not  to  speculate  in  bonds  of  city.  It  shall 
be  unlawful  for  a  commissioner  of  the  sinking  fund  to  trade  or 
speculate  in  the  bonds  of  a  city  of  the  first  class,  but  any  com- 
missioner may  hold  or  sell  any  such  bond  or  bonds  as  he  may  own 
at  the  time  he  became  a  commissioner,  and  he  may  purchase  such 
bonds  as  an  investment,  having  first  obtained  the  consent  of  the 
commissioners  to  do  so,  by  resolution  entered  upon  their  record 
book.  If  any  commissioner  shall  violate  this  section,  he  thereby 
vacates  his  office,  and  it  shall  be  the  duty  of  the  other  commis- 
sioners to  elect  another  person  to  fill  the  vacancy. 

16.  Secretary  and  treasurer — bond,  term  and  duties.  The 
commissioners  of  the  sinking  fund,  a  majority  thereof  concur- 
ring, shall  appoint  or  elect  a  suitable  person  who  shall  act  as  a 
treasurer  and  secretary  of  the  board,  and  shall  be  the  chief 
license  inspector.  He  shall  execute  a  bond  to  the  commissioners 
and  their  successors,  with  good  and  sufficient  security,  to  be  ap- 
proved by  them  to  faithfully  perform  his  duties  and  faithfully 
account  for  all  moneys,  notes,  bonds,  stocks  or  other  things  of 
value  that  may  come  to  his  hands  or  control,  and  upon  such  bond 
recovery  may  be  had  for  any  breach  of  the  conditions  thereof. 
His  term  of  office  shall  be  four  years  and  until  his  successor  is 
qualified,  and  all  vacancies  occuring  during  the  time  shall  be  filled 
by  an  appointment  of  said  commissioners.  Said  treasurer  and 
secretary  shall  keep  a  true  and  correct  record  of  all  proceedings 


996  AN  ACT  FOR  THE  GOVERNMENT  OF  3010 

,  of  the  board  of  commissioners,  receive  and  disburse  all  moneys 
by  order  of  the  board,  keep  a  true  and  correct  account  thereof, 
superintend  the  issuing  of  licenses  and  receive  the  money  there- 
for, and  perform  all  other  acts  required  of  him  by  said  board.  He 
shall  account  for  all  moneys,  bonds,  stocks  and  other  things  of 
value  belonging  to  the  sinking  fund  that  may  come  to  his  hands 
or  control ;  and  if  he  shall  appropriate  to  his  own  use  any  funds, 
moneys  or  other  property  belonging  to  said  sinking  fund,  or  shall 
fail  or  refuse  to  surrender  any  books,  papers,  moneys,  bonds, 
stocks,  notes  or  other  thing  of  value  to  his  successor  in  ofRce,  or 
to  any  person  legally  entitled  to  receive  the  same,  he  shall  be 
deemed  guilty  of  embezzlement  and  punishd  as  provided  by  law 
for  said  offense. 

17.  Statements  to  be  made  by  secretary  and  treasurer.    The 

commissioners  shall  require  monthly  detailed  statements  from 
said  treasurer  and  secretary  of  the  condition  of  said  funds ;  and 
on  or  after  the  first  day  of  January  of  each  year  said  treasurer 
and  secretary  shall  furnish  to  the  General  Council  a  full,  detailed 
statement  of  the  said  funds,  its  receipts  and  disbursements  for 
the  preceding  year. 

18.  Bonds  hereafter  issued — provision  as  to.  All  bonds  that 
may  hereafter  be  issued  by  the  said  cities  of  the  first  class  shall 
be  made  a  charge  upon  the  sinking  fund  of  said  city,  and  said 
bonds,  when  issued,  shall  be  placed  with  and  sold  by  the  commis- 
sioners of  said  sinking  fund ;  but  no  bond  or  bonds  shall  be  made 
a  charge  upon  said  sinking  fund  unless  provision  shall  be  made 
for  the  payment  of  the  interest  and  principal  thereof  at  the  time 
of  said  issue. 

19.  Assistant  license    inspector  may  execute    warrants.      It 

shall  be  lawful  for  warrants  issued  by  the  clerk  of  the  police 
court  in  cities  of  the  first  class  for  a  violation  of  license  ordi- 
nances or  process  in  proceedings  thereunder,  to  be  executed  by 
an  assistant  license  inspector  of  said  city,  and  his  service  thereof 
shall  have  the  same  effect  as  if  done  by  the  bailiff  of  said  court; 
and  it  shall  be  the  duty  of  said  clerk  to  issue  such  process  directed 
to  an  assistant  license  inspector  whenever  requested  by  an  assist- 
ant license  inspector  to  do  so.  (Section  as  amended  by  act  of 
March  22,  1902;  the  numbers  of  the  subsections  are  the  numbers 
of  sections  of  act.) 


3011 


CITIES  OF  THE  FIRST  CLASS. 


997 


§  3011.  Licenses  provided  for.  Pursuant  to  the  authoiity 
conferred  by  Section  2980  of  the  Kentucky  Statutes,  the  General 
Council  may  by  ordinance  provide,  in  addition  to  ad  valorem  tax- 
ation, for  hcensing  any  business,  trade,  calling,  occupation  or 
profession,  and  the  using  or  holding,  or  exhibiting  any  animal, 
article  or  other  thing  whether  the  same  were  or  were  not  hereto- 
fore enumerated  in  any  statute,  and  may  fix  in  each  case  a  license 
fee,  all  such  fees  to  be  paid  into  the  sinking  fund  of  such  city. 


§  3011.  (1)  License  tax  on  attorn- 
eys may  be  imposed  under  authority 
of  this  section.  Elliott  v.  City  of 
Louisville,  101  Ky.  262;  40  S.  W.  690; 
Woodruflf  V.  City  of  Louisville,  6  Ky. 
Opinions  230;  and  on  vehicles.  Bow- 
ser V.  Thompson,  103  Ky.  331;  45  S. 
W.  73;  City  of  Henderson  v.  Lockett, 
157  Ky.  368;  163  S.  W.  199;  District 
of  Clifton  V.  Cummins,  165  Ky.  526; 
177  S.  W.  432;  on  laundries.  Com.  v. 
Pearl  Laundry,  105  Ky.  259;  49  S.  W. 
26;  on  claim  shavers,  Bitzer  v. 
Thompson,  105  Ky.  514;  49  S.  W.  199; 
on  insurance  companies,  fidelity  & 
C.  Co.  V.  City,  106  Ky.  207;  50  S.  W. 
35;  City  v.  Schnell,  131,  Ky.  104; 
114  S.  W.  742;  but  a  license  tax  on 
contractors  was  held  unconstitutional 
in  Figg  V.  Thompson,  105  Ky.  509;  49 

5  W.  202;  and  see  Cons.  Sec.  181  and 
notes.  Under  an  ordinance  imposing 
a  license  tax  on  every  insurance  ad- 
juster all  such  adjusters  whether  act- 
ing for  themselves  or  as  agents  for 
another  were  subject  to  the  payment 
of  the  license  tax.  French  v.  Citv 
of  Louisville,  152  Kv.  12;  153  S.  W. 
42. 

(2)  Weimer  v.  Commissioners  of 
Sinking  Fund,  124  Ky.  377;  99  S.  W. 
242,  construing  3011  as  amended  by 
act  of  1904,  holding  Section  2  of  said 
act  unconstitutional;  the  act  of  1906 
is  a  substitute  of  a  general  authority 
to  impose  a  license  tax  for  the  spe- 
cific authority  as  enumerated  in  pre- 
vious 'act. 

The  Act  of  March  21,  1906  (Acts 
1906,  page  310,  Chapter  57,  Sees.  5,  6) 
gives  the  City  of  Louisville  even 
broader  powers  than  it  had  before 
with  respect  to  levying  occupation 
taxes.     Citv   of   Louisville   v.   Eoberts 

6  Krieger,"l06  S.  W.  1197;  32  R.  182, 
823. 


Merchant's    license    authority    for. 

Tnder  this  section  the  city  may  re- 
quire a  license  of  those  merchants 
who  commence  business  after  assess- 
ment day.  Citv  of  Louisville  v.  Rob- 
erts &  Krieger,'"32  E.  182,  823;  105  S. 
W.  431;  106  S.  W.  1197.  See  also 
City  of  Louisville  v.  Sagalowski,  136 
Kv.  324;  124  S.  W.  339;  136  Am.  St. 
Eep.   258. 

Street  car  company.  City  of  Lou- 
isville V.  Lou.  Ey.  Co.,  118  Ky.  534; 
81  S.  W.  701. 

Hotel  and  Restaurant  keepers — li- 
censing. Where  a  person  has  paid  a 
license  for  keeping  a  hotel  he  is  not 
subject  to  an  additional  license  for 
operating  a  restaurant  in  the  same 
building,  even  though  the  hotel  is 
operated  on  the  European  Plan.  New 
Gait  House  Co.  v.  City  of  Louisville, 
111  S.  W.  351;  129  Kv.  341;  17  L..  R. 
A.   (N.  S.)   566. 

An  ordinance  requiring  each  bar- 
ber shop  to  pay  a  license  of  $5.00 
per  year  and  $2.00  additional  for 
each  chair  where  more  than  two  chairs 
are  used  is  a  valid  occupation  tax, 
Citv  of  Louisville  v.  Schnell,  114  S. 
^V,'742;    131   Ky.    104. 

An  ordinance  requiring  a  license  of 
persons  discounting  or  advancing 
money  on  claims  can  not  be  enforced 
against  a  person  who  deals  only  in 
claims  of  the  citv.  City  of  Louisville 
V.  L.  Simons  &  Co.,  133  Ky.  782;  119 
S.   W.   185. 

The  payment  of  a  pawn-broker's 
license  does  not  authorize  the  sale  of 
pistols  unless  a  special  license  for 
that  purpose  be  obtained.  Stevens 
V.  Citv  of  Louisville,  135  Kv.  24;  121 
S.   W."  977. 

The  validity  of  the  above  section 
was  sustained  in  the  case  of  Kirch 
V.  Citv  of  Louisville,  125  Ky.  391; 
101   S.^  TV.   373. 


998        AN  ACT  FOR  THE  GOVERNMENT  OF 3012 

This  act  shall  in  no  way  affect  the  validity  of  any  license  here- 
tofore issued  nor  any  penalty  already  incurred  under  any  statute 
or  ordinance  requiring  a  license  in  such  city. 

(Section  as  amended  by  act  of  March  21,  1906.) 

§  3012.  License  fee  to  be  fixed  by  ordinance — penalty.  Each 
ordinance  of  such  city  imposing  a  license  shall  fix  the  fee  to  be 
paid  therefor  by  the  licensee  and  shall  also  prescribe  a  penalty 
for  failing  to  obtain  said  license  when  required  so  to  do:  Pro- 
vided, however,  that  nothing  in  any  section  of  this  act  shall  in  any 
way  affect  the  statutes  and  ordinances  now  in  force  in  regard  to 
liquor  licenses.     (Section  as  amended  by  act  of  March  21,  1906.) 

§  3013.  License  fee  to  be  paid  in  advance — expiration  of 
license.  All  licenses  shall  be  paid  for  in  advance,,  in  the  lawful 
money  of  the  United  States.  All  annual  vehicle  licenses  shall  be 
issued  to  expire  on  the  first  day  of  May  of  each  year.  All  annual 
licenses  for  dogs  shall  be  made  to  commence  on  the  first  day  of 
July  of  each  year  and  to  expire  on  the  thirtieth  day  of  June  of 
each  year.     (Section  as  amended  by  act  of  March  22,  1902.) 

§  3014.  License  for  only  one  year — place  of  business — change 
— liability  of  agents.  No  license  shall  be  issued  for  a  longer 
period  than  one  year,  but  may  be  for  a  shorter  period,  if  allowed 
by  ordinance.  No  license  shall  authorize  the  conducting  of  busi- 
ness at  more  than  one  place  at  the  same  time,  but  the  place  at 
which  the  business  is  to  be  done  under  the  license  may,  with  the 
consent  of  the  secretary  and  treasurer  of  the  sinking  fund,  be 
changed.  The  agent  or  agents  of  non-resident  proprietors  shall 
be  civilly  responsible  for  the  license  tax,  and  criminally  responsi- 
ble for  carrying  on  business,  in  like  manner  as  if  they  were  pro- 
prietors. 

§  3015.  How  license  authenticated.  Each  license  shall  be 
authenticated  by  the  treasurer  and  s'ecretary  of  the  sinking  fund, 
by  his  signature,  or  a  stamped  facsimile  thereof. 

§  3016.  Transfer  of  unexpired  license — conditions.  The  unex- 
pired term  of  all  licenses  (except  for  the  sale  of  liquor)  may  be 
transferred  by  the  holder,  with  the  assent  of  the  sinking  fund, 
on  the  payment  of  five  per  cent  on  the  original  cost  of  license: 

§    3012.    Powers    to    assess    occupa-  §   3014.     Non-resident     proprietors, 

tions  not   specificially   named   is    giv-  Loges   v.    City,    141    Ky.   367;    132    S. 

en   by   this   seetion.     Citv   of   Lou.   v.  W.  565. 
Roberts,  32  R.  182;   105  S.  W.  431. 


3017 CITIES  OF  THE  FIRST  CLASS. 999 

Provided,  however,  that  the  original  license  shall  be  surrendered 
or,  if  lost  or  destroyed,  the  person  to  whom  it  was  issued  shall 
make  affidavit  that  said  original  license  had  been  lost  or  de- 
stroyed, and  can  not  be  produced.  The  affidavit  shall  be  filed  with 
the  treasurer  and  secretary  of  the  sinking  fund. 

§  3017.  Treasurer  and  secretary  to  classify  subjects  of  license 
— appeal — report  of  sales.  Every  business,  profession,  occupa- 
tion, calling  or  subject  herein  provided  to  be  licensed,  where  the 
maximum  and  minimum  sum  for  the  license  is  herein  fixed,  the 
General  Council  may  grade  and  class  the  respective  subjects  of 
license,  and  fix  the  rate  of  licenses  for  each  grade  or  class  at  or 
within  the  maximum  rates  herein  provided  for  such  subjects  re- 
spectively. In  granting  licenses  the  treasurer  and  secretary  of 
the  sinking  fund  shall,  from  the  oath  of  the  applicant  or  other 
evidence,  ascertain  the  grade  in  which  such  applicant  should  be 
licensed;  but  said  applicant  shall  have  the  right,  within  ten  days, 
to  appeal,  in  writing,  to  the  commissioners  of  the  sinking  fund 
from  the  action  of  the  treasurer  and  secretary  and  the  commis- 
sioners shall  have  power  to  determine  in  which  grade  the  appli- 
cant shall  be  placed.  In  all  cases  where  the  amount  of  license  to 
be  paid  by  any  person,  firm  or  corporation  is  based  upon  or  regu- 
lated by  the  amount  of  sales  made  or  business  done,  such  person, 
firm  or  corporation  shall  render  a  sworn  statement  to  the  treas- 
urer and  secretary  of  the  sinking  fund  of  the  total  amount  of 
sales  made  or  business  done  by  them  respectively  during  the  pre- 
ceding year,  which  statement  shall  be  considered  in  determining 
the  amount  for  which  such  license  shall  be  issued.  (Section  as 
amended  by  act  of  March  14,  1898.) 

§  3018.  License  to  specify  name  and  place  of  business.  Every 
license  shall  specify  by  name  the  person,  firm,  or  corporation  to 
whom  or  to  which  it  shall  be  issued,  and  shall  designate  the  par- 
ticular place  at  which  the  business  shall  be  carried  on. 

§  3019.  Evidence  of  person's  liability  to  pay  license.  The  fact 
that  any  person,  firm  or  corporation  representing  himself  or 
itself  as  engaged  in  any  business,  calling,  profession  or  occupa- 
tion for  the  transaction  of  which  a  license  is  required,  or  that 
such  person  exhibited  a  sign  or  advertisement  indicating  such 

§  3017.  An  ordinance  taxing  barber  Sehnell,  131  Ky.l04;  114  S.  W.  742. 
shops    upheld.      City    of    Louisville   v. 


1000 AN  ACT  FOR  THE  GOVERNMENT  OF 3020 

business,  calling,  profession  or  occupation  shall  be  conclusive  evi- 
dence of  the  liability  of  such  person  to  pay  for  a  license. 

§  3020,  License  to  be  exhibited  by  licensee.  Every  person, 
firm,  or  corporation  having  a  license  shall  exhibit  the  same  while 
in  force  whenever  requested  to  do  so  by  any  officer  of  the  license 
or  police  department. 

§  3021.  Peddler  to  carry  and  exhibit  license.  Every  peddler, 
while  engaged  in  peddling,  shall  carry  his  or  her  license  and  ex- 
hibit the  same  whenever  requested  to  do  so  by  any  license  or 
police  officer. 

§  3022.     Enforcement    of    license   law    and     collection.     The 

enforcement  of  the  license  law  and  collection  of  the  licenses  shall 
remain,  as  heretofore,  under  the  control  of  the  commissioners  of 
the  sinking  fund. 

§  3023.     Conviction  for  carrying  on  business  without  license. 

The  conviction  and  punishment  of  any  person  for  transacting 
any  business  without  a  license  shall  not  excuse  or  exempt  such 
person  from  the  payment  of  any  license  due  or  unpaid  at  the  time 
of  such  conviction. 

§  3024.  Commissioners  to  pay  into  treasury  at  end  of  fiscal 
year.  The  commissioners  of  the  sinking  fund  shall,  at  the  end  of 
each  fiscal  year,  pay  to  the  City  Treasurer  any  revenue  remain- 
ing after  paying  the  current  expenses  of  such  year,  and  the  in- 
terest accruing  in  said  year,  and  setting  apart  for  the  sinking 
fund  a  sum  equal  to  five  per  cent  of  the  principal  of  the  bonded 
debt  chargeable  against  the  sinking  fund. 

§  3024a.  1 .  Board  of  Waterworks — city  to  control  water- 
works. Whenever  any  city  of  the  first  class  is  the  owner 
(through  its  commissioners  of  the  sinking  fund)  of  all  of  the 
shares  of  capital  stock  in  any  corporation  existing  under  the  laws 
of  this  Commonwealth,  engaged  in  supplying  water  to  such  city 
and  inhabitants  thereof,  such  city  shall  control,  manage  and  oper- 
ate the  plant  of  such  corporation,  including  its  franchise,  and 
all  other  property  of  every  kind  and  description,  in  the  manner 
hereinafter  provided. 

2.     Board  of  Waterworks — appointment.     The  Mayor  of  any 

§   302J:a.   See   City   of  Louisville   v.       Louisville     Water     Company     charter, 
Parsons,    150    Ky.    420.      See    for    old       etc.,  Burnett's   Code,  p.   838. 


3024a CITIES  of  the  first  class. 1001 

such  city  shall  appoint,  subject  to  the  approval  of  the  Board  of 
Aldermen,  four  (4)  persons,  who  shall  constitute  a  body  corpo- 
rate and  be  known  as  its  "Board  of  Water  Works,"  and  the  Mayor 
of  such  city  shall  be  an  ex  officio  member  of  said  "Board  of  Water 
Works."  Each  appointee  shall  be  at  least  thirty  years  of  age  and 
reside  within  the  city  and  be  the  owner  in  his  own  right  of  real 
estate  situated  therein.  No  officer  or  employe  of  said  city, 
whether  holding  a  paid  or  unpaid  office,  shall  be  eligible  for  ap- 
pointment to  the  said  board.  The  term  of  office  of  the  persons 
first  appointed,  as  above  provided,  shall  be  as  follows :  One  for 
a  term  of  one  year ;  one  for  a  term  of  two  years ;  one  for  a  term 
of  three  years  and  one  for  a  term  of  four  years.  Thereafter  as 
their  terms  expire,  their  successors  shall  be  apointed  in  the  same 
manner,  but  for  the  terms  of  four  years  each,  and  such  appointees 
shall  be  eligible  to  succeed  themselves.  All  vacancies  upon  the 
board,  whether  caused  by  death  or  resignation,  shall  be  filled  for 
the  unexpired  term  by  appointment  in  the  same  manner.  Each 
member  shall  hold  his  office  until  his  successor  has  been  appointed 
and  qualified.     {Sub-section  as  amended  by  act  of  1910.) 

3.  Oath  of  office.  Each  member  shall  qualify  for  his  office  by 
taking  oath  before  some  one  authorized  to  administer  the  same 
that  he  will  faithfully  perform  the  duties  of  a  member  of  the 
Board  of  Water  Works,  which  oath  of  office  shall  be  filed  with  the 
Board  of  Sinking  Fund  Commissioners. 

4.  Officers  of  board.  Said  board  shall  annually  elect  a  presi- 
dent, a  treasurer,  a  secretary,  and  a  chief  engineer,  who  shall  hold 
their  offices  for  one  year,  or  until  their  successors  have  been  duly 
elected  and  qualified,  and  devote  all  of  their  time  to  the  duties  of 
their  respective  offices.  No  member  of  said  board,  except  the 
president,  shall  receive  a  salary.  The  president  shall  be  elected 
from  the  members  of  the  board.  The  president,  secretary  and 
treasurer  shall  each  give  bond,  with  approved  surety,  in  such 
amount  as  may  be  fixed  by  the  board,  which  bond  shall  be  payable 
to  the  Board  of  Water  Works,  and  obligate  the  makers  thereof  to 
perform  faithfully  the  duties  of  their  several  offices,  and  faith- 
fully acount  for  and  pay  over  all  money  or  other  things  of  value 
which  come  into  their  several  hands.  The  combined  salaries  of 
the  president,  treasurer  and  secretary  shall  not  exceed  the  sum 
of  $9,000.  The  board  shall  have  the  authority  to  appoint  such 
other  agents  or  employes  as  they  may  deem  necessary  or  proper, 


1002  AN  ACT  FOR  THE  GOVERNMENT  OF  3024a 

and  to  fix  the  compensation  of  its  officers,  agents,  or  employes: 
Provided,  however,  that  the  salary  of  no  officer,  agent  or  employe 
shall  exceed  the  sum  of  five  thousand  dollars  per  annum. 

5.  Powers  of  board.  Said  Board  of  Waterworks  so  consti- 
tuted shall  be  vested  with  all  the  authority,  rights,  powers  and 
privileges,  and  exercise  all  the  franchises  of  the  corporation  of 
which  such  city  owns  all  the  stock,  as  described  in  the  first  section 
of  this  act ;  it  shall  have  the  possession,  control  and  management 
of  all  the  property,  of  every  kind  and  description,  real,  personal, 
or  mixed,  of  said  corporation ;  it  shall  have  the  authority  to  con- 
tract and  be  contracted  with,  to  sue  and  be  sued,  but  all  such 
contracts  shall  be  made  and  all  such  suits  shall  be  prosecuted  or 
defended  in  the  name  of  the  corporation  in  which  such  city  owns 
all  the  stock,  as  above  described :  Provided,  however,  that  noth- 
ing in  this  act  shall  in  any  way  affect  the  provisions  of  sub-section 
13  of  Section  3010  of  the  Kentucky  Statutes,  which  adds  the 
stock  owned  by  cities  of  the  first  class  in  its  water  works  com- 
pany to  the  resources  of  the  sinking  fund  of  such  city. 

6.  Water  to  be  furnished  city  free — exemption  from  taxation. 
Any  such  city  of  the  first  class  shall  have,  through  its  Board  of 
Water  Works,  the  use,  free  of  charge,  of  all  the  water  necessary 
for  its  fire  department,  its  police  department,  its  public  buildings, 
its  school  board,  and  for  sprinkling  its  public  highways,  includ- 
ing its  parks  and  parkways,  and  shall  in  turn  exempt  all  the 
property,  both  tangible  and  intangible,  of  which  it  has  the  con- 
trol through  its  Board  of  Water  Works  from  taxation  for  mu- 
nicipal purposes,  and  shall  not  include  any  of  said  property  in  its 
assessment  for  taxation ;  but  nothing  herein  provided  shall  affect 
the  right  and  duty  of  said  Board  of  Water  Works  to  fix,  make 
and  collect  reasonable  sums  or  rates  for  the  use  or  sale  of  water 
furnished  to  any  other  individual,  firm  or  corporation,  whether 
the  same  be  by  assessment  or  meter  measurement  in  its  discre- 
tion. 

7.  Terms  upon  which  water  company  may  use  streets  to  be 
fixed.  The  General  Council  of  any  such  city  of  the  first  class 
shall  have  the  authority,  by  ordinance  duly  enacted,  to  fix  such 
reasonable  terms  and  conditions  upon  which  such  Board  of 
Water  Works  shall  exercise  its  right  to  cut  into  the  streets,  alleys 
or  other  public  way  of  the  city,  and  it  shall  be  the  duty  of  the 
Board  of  Water  Works  to  observe  the  same. 


3024a CITIES  OF  THE  FIRST  CLASS. 1003 

8.  Debts  to  be  paid.  All  the  lawful  debts  and  obligations  of 
any  such  water  works  corporation,  described  in  the  first  section 
of  this  act,  existing  at  the  time  this  act  shall  take  effect,  and  all 
of  the  debts  and  obligations  created  by  said  Board  of  Water 
Works  in  the  management  and  operation  of  said  properties  and 
in  the  performance  of  its  duties  herein  provided,  shall  be  paid 
and  discharged  out  of  the  property  and  rents,  earnings  and  in- 
comes derived  therefrom  and  coming  into  the  hands  of  said 
board,  and  such  city  of  the  first  class  shall  not  be  liable  as  a  mu- 
nicipal corporation  for  any  such  debts  or  obligations. 

9.  Board  may  borrow  money.  Said  Board  of  Water  Works 
shall  have  the  authority  to  borrow  money  and  execute  the  neces- 
sary writings  therefor  not  to  exceed  the  gross  receipts  for  the 
current  years,  for  the  purpose  of  providing  for  any  of  the  obliga- 
tions of  said  water  works  corporation  and  for  the  current  ex- 
penses of  said  board;  and,  in  addition  thereto,  whenever  said 
board  shall  deem  it  expedient  to  provide  for  the  refunding  of  any 
outstanding  bonds  of  such  water  works  corporation  or  the  fund- 
ing of  its  floating  indebtedness  it  shall  have  the  authority  (the 
Commissioners  of  the  Sinking  Fund  of  such  city  having  first,  by 
resolution,  consented  thereto)  to  issue  for  either  or  both  of  said 
purposes  the  bonds  of  such  water  works  corporation  not  to  ex- 
ceed in  amount  the  sum  of  one  million  five  hundred  thousand 
($1,500,000)  dollars,  in  denominations  of  one  thousand  ($1,000) 
dollars,  each,  to  mature  not  exceeding  forty  years  from  date, 
bearing  interest  at  a  rate  not  to  exceed  4  per  cent  per  annum, 
payable  semi-annually,  such  interest  to  be  evidenced  by  coupons 
attached,  said  bonds  to  be  signed  by  the  president  and  secretary 
of  said  board,  and  said  coupons  to  be  evidenced  by  the  engraved 
signature  of  the  secretary,  and  to  secure  the  said  bonds,  with  the 
coupons  so  attached,  by  a  mortgage  upon  the  rights,  privileges, 
franchises  and  property  of  said  water  works  corporation.  Said 
bonds,  when  so  issued,  shall  be  placed  with  and  sold  by  the  Com- 
missioners of  the  Sinking  Fund  at  a  price  not  less  than  their 
face  value  and  the  proceeds  applied  by  said  commissioners  to  the 
purpose  for  which  the  bonds  were  issued.  It  shall  be  the  duty 
of  the  said  Board  of  Water  Works  to  provide,  at  any  time  any 
such  bonds  are  issued,  for  a  sinking  fund  which  shall  be  sufficient 
to  pay  said  interest  coupons  and  to  retire  the  principal  of  said 
bonds  at  maturity,  which  sinking  fund  shall  be  deposited  by  said 


1004  AN  ACT  FOR  THE  GOVERNMENT  OF  3025 

board  with  the  Commissioners  of  the  Sinking  Fund  of  such  city 
to  be  invested,  managed,  controlled  and  applied  by  said  commis- 
sioners for  the  payment  of  the  interest  and  principal  of  the  bonds 
so  issued.  The  total  bonded  debt  upon  said  property  outstanding 
at  any  time  shall  not  exceed  one  million  five  hundred  thousand 
($1,500,000)   dollars. 

10.  Rules  and  reports  of  board.  Said  Board  of  Waterworks 
shall  have  the  authority  to  establish  and  enforce  such  reasonable 
rules  and  regulations  for  its  own  government,  including  the  sign- 
ing and  execution  of  the  contracts  referred  to  in  Section  5  of  this 
act  as  it  may  deem  expedient :  Provided,  however,  that  said  board 
shall  make  quarterly  a  financial  statement,  showing  its  liabilities, 
receipts  and  expenditures,  and  deliver  a  copy  thereof  to  the  Gen- 
eral Council  of  the  city,  same  to  be  spread  upon  its  minutes. 
The  books  and  accounts  of  said  board  shall  at  all  times  be  open  to 
inspection  and  examination  by  the  Mayor  of  the  city  and  the 
Commissioners  of  the  sinking  fund  through  their  duly  appointed 
agents.  (Act  of  March  6,  1906,  as  amended  by  an  act  of  March 
7,  1910.) 

SUBDIVISION  XXIX. 

Liquor  Licenses.* 

§  3025.  One  form  of  license — amount  of  tax.  There  shall  be 
only  one  form  of  license  for  the  retailing  of  liquor.  The  tax  to  be 
paid  therefor  shall  be  determined  by  the  General  Council,  but  it 
shall  not  be  less  than  one  hundred  and  fifty  ($150)  dollars  nor 
more  than  one  thousand   ($1,000)  dollars. 

§  3026.  Authorizes  sale  of  vinous,  spirituous,  or  malt  liquors. 
This  license  shall  authorize  the  sale  of  vinous,  spirituous  or  malt 
liquors,  and  shall  be  called  the  "liquor  license." 

§  3027.  Retail  and  wholesale  dealers — who  deemed.  Any  per- 
son who  sells  liquor  in  quantities  less  than  five  gallons  shall  be 
deemed  a  retailer  of  liquor;  but  wholesale  liquor  dealers  may, 
without  being  treated  as  retailers  of  liquor,  sell  a  case  of  liquor 
bottled,  and  containing  not  less  than  two  (2)  gallons,  to  non- 
residents of  the  city,  for  consumption  outside  of  the  city, 

*See  Hutchcraft  Act  of  1916  on  the  subject  of  closing  saloons  on  Sun- 
days and  election  days. 


3028 


CITIES  OF  THE  FIRST  CLASS. 


1005 


§  3028.  Druggists  and  apothecaries — sale  as  medicine — pre- 
scription. Drug'gists  and  apothecaries  may,  without  a  license, 
sell  unmixed  alcohol  or  admixtures  of  wine,  alcoholic,  spirituous 
or  brewed  liquors  in  the  preparation  of  medicine,  or  upon  the 
written  prescription  of  a  regular  practicing  physician ;  but  no 
druggist  or  apothecary  shall  sell  or  keep  for  sale  any  preparation 
or  mixtures  thereof  as  a  beverage.  Said  druggists  and  apothe- 
caries must  require  a  separate  written  prescription  for  each  sale 
of  liquor  by  them.  Any  druggist  or  apothecary  who,  by  subter- 
fuge or  device  of  any  kind — by  giving  away  liquor,  or  otherwise 
— seeks  to  evade  the  provisions  of  this  act,  shall  be  both  fined  and 
imprisoned,  as  may  be  prescribed  by  ordinance. 

§  3029.  License  for  one  year — transfer — surrender — deduc- 
tion for  unexpired  term.  A  license  granted  shall  be  good  for  only 
one  year,  and  shall  not  be  transferable  without  the  consent  of 
the  license  board.  Upon  the  surrender  of  a  license,  the  board 
shall  make  a  reasonable  allowance  for  the  unexpired  term.  A 
license  granted  shall  be  good  for  only  one  year,  and  shall  not  be 
transferable  without  the  consent  of  the  license  board  and  the 
payment  of  five  per  cent  on  the  original  cost  of  license :  Provided, 
however,  the  original  license  shall  be  surrendered,  or  if  lost  or 
destroyed,  the  person,  firm  or  corporation  to  whom  it  was  issued 
shall  make  affidavit  that  said  original  license  has  been  lost  or 
destroyed,  and  can  not  be  produced.  The  affidavit  shall  be  filed 
with  the  treasurer  and  secretary  of  the  sinking  fund. 

§  3030.  License  board — who  constitutes — chaiitnan  and  sec- 
retary. The  judg-e  of  the  City  Court,  the  chairman  of  the  Board 
of  Public  Safety,  and  the  president  of  the  Commissioners  of  the 
Sinking  Fund  shall  constitute  the  license  board.     The  judge  of 


§  3029.  A  person  whose  license 
has  been  revoked  by  the  License 
Board  for  selling  liquor  in  violation 
of  law  can  not  recover  the  unearned 
portion  of  the  license  fee.  City  of 
Louisville  V.  Cain,  119  S.  W.  '763; 
134   Ky.   76. 

§  3030.  Under  this  section  and 
Bee.  3034  fhe  city  is  entitled  to  no- 
tice of  an  appeal  by  the  licenses 
from  an  order  revoking  the  license. 
Com.  V.  Campbell,  128  Ky.  2-52;  107 
S    W.  1061. 


§  3031.  Where  a  bond  given  by  a 

liquor  dealer  pursuant  to  this  section 
does  not  state  the  sum  to  be  incur- 
red as  a  penalty,  no  recovery  can  be 
had  upon  such  bond  by  the  city.  City 
of  Louisville  v.  Cain,  134  Ky.  76; 
119  S.  W.  763.  Discretion  in  the 
license  board  to  refuse  a  license  can 
not  be  arbitrarily  exercised.  City  of 
Louisville  v.  Gagen,  132  Ky.  *502; 
Lie  S.  W.  745;  see  also  to  liability 
of  city  for  loss  of  profits  pending  ap- 
peal, Gagen  v.  Citv  of  Louisville,  145 
Ky.  3;   139  S.  W.  1061. 


1006 AN  ACT  FOR  THE  GOVERNMENT  OF 3031 

the  City  Court  shall  be  the  chairman,  and  the  secretary  of  the 
sinking  fund  shall  be  ex  officio  secretary. 

§  3031.  Application  for  license,  or  for  its  transfer — how  and 
when  made.  Any  person  desiring  to  obtain  a  liquor  license,  by 
original  application  or  by  transfer,  shall  file  an  application  for 
such  license  before  the  secretary  of  said  board  thirty  days  before 
the  same  may  be  issued  to  him.  This  application  shall  be  sworn 
to  by  him,  and  by  two  reputable  voters  of  the  precinct  in  which 
he  desires  the  right  to  retail  liquors.  Said  application  shall  show 
the  following  facts:  That  the  applicant  is  of  temperate  habits 
and  of  good  moral  character;  that  he  is  a  housekeeper  in  the 
city;  and  he  has  not  within  five  years  kept  a  disorderly  house  or 
been  convicted  of  any  crime;  and  he  shall  execute  and  file  with 
the  License  Board  a  bond,  with  good  sureties,  the  owners  of  prop- 
erty in  the  city  subject  to  execution  worth  not  less  than  five  hun- 
dred dollars,  conditioned  that  he  will  not  violate  the  requirements 
of  the  law. 

§  3032.  Application  to  be  published — remonstrance.  The  sec- 
retary shall  cause  to  be  twice  published  in  the  newspaper  doing 
the  official  printing  of  the  city  a  list  of  the  applicants  for  licenses, 
with  the  location  of  the  business.  Any  person  desiring  to  object 
to  the  granting  of  a  license  to  any  applicant  may  file  a  remon- 
strance with  the  secretary  of  said  board  within  two  weeks  after 
said  publication  and  thereafter  said  application  and  the  remon- 
strance, and  any  evidence  offered  by  either  party  in  support 
thereof,  shall  be  considered  by  said  License  Board  in  open  meet- 
ing at  such  time  and  place  as  may  have  been  fixed  by  said  board. 

§  3033.  Qualifications  of  applicant — when  license  refused. 
No  license  shall  be  granted  to  any  person  who  has  not  the  quali- 
fications above  described.  No  license  shall  be  granted  to  retail 
liquor  in  any  precinct,  if,  in  the  opinion  of  the  board,  the  retailing 
of  liquor  at  the  place  named  will  be  injurious  to  the  people  there- 
of, or  if  a  majority  of  the  voters  of  the  precinct  registered  at  the 

§  3033.  Liquor     license — appeal —  introduced    before    the    license   board, 

practice.   The   provisions   of  this   stat-  Thompson    v.    Koch,    98    Kv.   400;    33 

ute,   sections   3033,   3034,   allowing   an  S.  W.  96;   Com.  v.  Campbell,  128  Ky. 

appeal  to  the  circuit  court,  are  valid,  2.52;   107  S.  W.  797. 
and    an    appeal    may    be    taken    from  The  city  not  liable  in  damages  un- 

the    judgment    of    the    circuit    court  der   supersedeas   bond   in   a   liquor   li- 

to  the  court   of  apeals.     On  the  trial  cense   case.     Gagen   v.   City  of  Louis- 

of  an  appeal,  in  the  circuit  court  no  ville,  14.5  Ky.  3;   139  S.  W.  1061. 
evidence  should  be  heard  except  that 


3034 


CITIES  OF  THE  FIRST  CLASS. 


1007 


last  annual  registration  remonstrate  against  the  granting  of  the 
same.  An  appeal  may  be  had  to  the  Circuit  Court,  as  provided 
in  the  following  section. 

§  3034.  When  board  may  revoke  license — appeal.  Any  license 
granted  by  said  board  may  be  revoked  by  it,  after  an  open  trial, 
with  due  notice  to  the  licensee,  whenever,  in  the  judgment  of  said 
board,  the  licensee  has  conducted  a  disorderly  house,  or  violated 
the  law  with  respect  to  the  sale  of  liquor,  and  either  party  who 
shall  feel  aggrieved  by  the  decision  of  the  board  may  have  an 
appeal  to  the  Circuit  Court. 

§  3035.  Prepayment  of  license  required.  Every  license  shall 
be  paid  for  by  the  applicant  before  the  license  is  issued,  but  after 
his  application  has  been  approved  by  the  board. 

§  3036.  Deposit  by  applicant — what  license  shall  specify — 
exhibit  of  license.  The  applicant,  before  filing  his  petition  with 
the  secretary,  shall  deposit  the  sum  of  five  dollars  with  the  City 
Treasurer,  which  sum  shall  be  in  addition  to  the  amount  paid  for 
the  license,  and  he  shall  obtain  from  the  City  Treasurer  a  receipt 


3034.  The  city  of  Louisville  is  en- 
titled to  be  present  by  counsel  and 
assist  the  Commonwealtli  's  Attorney 
in  an  appeal  from  a  decision  of  the 
License  Board  revoking  a  license. 
Commonwealth  v.  Campbell  128  Ivv. 
252;  107  S.  W.  797;  Citv  v.  Cain, 
134-  Ky.   76;   119  S.  W.  7U. 

The  action  of  the  license  board  of 
a  city  in  granting  liquor  license 
to  one  guilty  of  keeping  a  disorderly 
house  does  not  wipe  out  the  offense, 
and  the  board  may  subsequently  re- 
fuse  a  license   on   that   ground. 

That  a  saloon-keeper  kept  a  disor- 
derly house  by  permitting  disorderly 
persons  engaged  in  frauds  on  elec- 
tion day  to  assemble  about  his  place 
of  business  did  not  justify  a  rejec- 
tion of  his  subsequent  application  for 
a  license;  the  keeping  of  a  disorderly 
house  on  one  day  not  being  evidence 
that  a  disorderly  house  was  kept 
within  the  statute.  City  of  Louis- 
ville V.  Hendricks,  116  S.  W.  747. 

The  decision  of  the  License  Board 
denying  an  application  for  a  liquor 
license  is  entitled  to  great  we'^ght, 
and  unless  its  discretion  has  been 
abused,  the  court  on  appeal  should 
not  reverse  it.  Citv  of  Louisville  v. 
Gagen,  132  Ky.  502;  116  S.  W.  745. 
On  rehearing,  118  S.  W.  947, 


Where  the  applicant  for  a  license 
had  occupied  certain  premises  in  the 
business  portion  of  the  cit}'  as  a  sa- 
loon for  10  years  and  the  premises 
had  been  used  for  saloon  purposes 
for  50  years,  it  was  an  abuse_  of  dis- 
cretion to  deny  the  petitioner's  ap- 
plication for  a  new  license  because  a 
c^hurch  had  been  constructed  in  the 
meantime  on  the  opposite  side  of  the 
street.   Id. 

License  of  saloon-keeper  may  be 
revoked  on  account  of  unlawful  act 
of  an  agent  who  violates  instruc- 
tions. Nadorf  Bros.  v.  City  of  Lou- 
isville, 144  Ky.  135;   137  S.  W.  854. 

License  Board  determines  th* 
question  of  revocation  of  a  license 
for  itself,  irrespective  of  whether  the 
licensee  has  been  convicted  or  ac- 
quitted bv  a  court.  Hayes  v.  Citv  of 
Louisville,  145  Ky.  125;  140  S.  W.*'47; 
Peloid  Bros.  v.  Citv  of  Louisville, 
140  Ky.   784;   131  S.  W.  802. 

§  3035.  The  city  councils  of  all 
cities  except  the  first  class  have  the 
power  to  regulate  the  time  and  man- 
ner of  payment  of  licenses  and  may 
provide  for  other  than  cash  payment. 
Citv  of  Fulton  v,  Blvthe,  17  R.  341; 
30  "S.  W.   1018, 


1008 


AN  ACT  FOR  THE  GOVERNMENT  OF 


3037 


therefor,  and  shall  file  said  receipt  with  his  application.  A  report 
showing  the  sums  so  received  shall  be  made  by  the  City  Treasurer 
and  secretary  of  the  board  to  the  Comptroller.  The  certificate 
of  "liquor  license"  shall  be  kept  hung  up  in  some  conspicuous 
place  in  the  room  where  liquors  are  sold,  at  all  times  plainly  ex- 
posed to  public  view.  Every  license  shall  specify  by  name  the 
person,  firm,  or  corporation  to  whom  or  to  which  it  shall  be 
issued,  and  shall  designate  the  particular  place  at  which  the  busi- 
ness shall  be  carried  on. 

§  3037.  Failure  to  pay  license  after  application  approved.  If 
an  applicant  does  not  pay  the  requisite  sum  for  his  license  within 
ten  days  after  his  application  has  been  approved,  due  notice  of 
which  shall  have  been  given  him,  no  license  shall  thereafter  be 
granted  to  him  on  said  application. 

§  3037a.  (This  section  has  been  transferred  and  appears  as 
§  2839a.) 

SUBDIVISION  XXX. 

Sewerage  Commission. 

§  3037b.   1.   Sewerage  Commission — qualifications — term.   The 

Mayor  of  any  city  of  the  first  class  may  appoint  four  persons 
who,  with  the  Mayor  as  a  member  ex  oflficio,  shall  constitute  a 
sewerage  commission.  Of  such  appointees  two  shall  be  members 
of  the  Democratic  party  and  two  members  of  the  Republican 
party.  Each  appointee  shall  be  at  least  twenty-five  years  of  age 
and  reside  within  the  city,  and  be  the  owner  in  his  own  right  of 
real  estate.  No  officer  or  employe  of  said  city,  whether  holding  a 
paid  or  unpaid  office,  shall  be  eligible  for  appointment  to  the  said 
commission.  Such  appointees  shall  be  subject  to  the  approval 
of  the  Board  of  Aldermen.    The  term  of  office  shall  be  four  years. 


§3037b  Sub-sec.  1.  Act  creating 
Sewer  commission  valid.  Miller  v. 
City  of  Louisville,  30  E.  664;  99  S.  W. 
284. 

Commissioners  of  Sewerage  not 
civilly  liable  for  death  occasioned  by 
negligence  of  an  agent.  Smith  v. 
Commissioners,  146  Ky.  562;  143  S. 
W.  3.  Status  of  Sewerage  Commis- 
sion. City  of  Louisville  v.  Frank's 
Guardian,  154  Ky.  254;  157  S.  W.  24. 

The  Louisville  Commissioners  of 
Sewerage   are   not   answerable   for   an 


injury  done  to  one  contractor  by  the 
negligence  of  another  contractor  for 
the  building  of  a  sewer.  Jones  &  Co. 
V.  Ferro  Concrete  Const.  Co.,  154  Ky. 
47;   156  S.  W.   1060. 

§  3037b.  Third  person  has  cause  of 
no  action  against  surety  on  bond  of 
contractor  which  indemnified  the  city 
against  loss  or  damage  sustained  by 
third  persons  while  a  sewer  was  be- 
ing constructed.  Owens  v.  Georgia 
Life  Ins.  Co.,  165  Ky.  507;  177  S.  W. 
294. 


3037b CITIES  OF  THE  FIRST  CLASS. 1009 

but  if  the  work  herein  provided  for  is  sooner  completed,  such 
term  of  office  shall  expire  at  such  completion.  Vacancies  shall 
be  filled  for  the  unexpired  term  in  the  same  manner  as  the  orig- 
inal appointment.  . 

2.  Powers  of  com  missions — officers — salaries.  The  persons 
appointed  as  provided  in  the  first  section  shall  constitute  a  body 
corporate  under  the  name  of  the  Commissioners  of  Sewerage  of 
Louisville,  and  shall  have  a  capacity  to  contract  and  be  contracted 
with,  to  sue  and  be  sued  in  that  name,  and  to  adopt  'a  seal  and 
alter  the  same  at  pleasure.  Said  commission  shall  elect  a  chair- 
man from  the  appointed  members.  It  shall  also  elect,  by  unani- 
mous vote,  a  chief  engineer,  not  a  member  of  the  commission, 
but  such  chief  engineer  shall  be  removable  at  the  pleasure  of  the 
majority  of  the  commission.  It  shall  also,  by  unanimous  vote, 
elect  a  secretary  and  treasurer,  not  a  member  of  the  commission, 
who  shall  hold  the  combined  office  at  the  pleasure  of  a  majority 
of  the  commission.  The  commission  may  appoint  such  clerks, 
agents  or  assistants  as  it  may  deem  expedient  and  fix  their  com- 
pensation. The  chief  engineer  shall  give  his  entire  attention  to 
the  affairs  of  the  commission  and  shall  receive  as  compensation  a 
salary  to  be  fixed  by  the  General  Council,  not  exceeding  five  thou- 
sand dollars  per  annum.  The  apointed  members  of  the  commis- 
sion shall  each  receive  a  salary,  to  be  fixed  by  the  General  Council, 
not  exceeding  three  thousand  dollars  per  annum  for  the  chairman 
and  fifteen  hundred  dollars  per  annum  for  each  of  the  others. 
The  secretary  and  treasurer  shall  receive  a  salary,  to  be  fixed 
by  the  commission,  not  exceeding  twenty-five  hundred  dollars  per 
annum. 

3.  Map  of  city.  It  shall  be  the  duty  of  the  commission  to 
cause  to  be  made  a  topographical  map  of  the  city  and  such  parts 
of  the  county  adjoining  the  same  as  may  be  necessary.  It  shall 
also  employ  two  skilled  consulting  engineers  who,  with  the  chief 
engineer  of  the  commission,  shall  report  to  the  commission  sev- 
eral systems,  and  among  them  what  they  consider  the  best  sys- 
tem, for  the  construction,  maintenance  and  operation  of  a  com- 
prehensive system  of  sewerage  for  the  city,  having  in  view  the 
growth  of  the  city  and  the  extension  of  its  boundaries,  and  they 
shall  also  report  the  estimated  cost  of  each  system.  The  commis- 
sion shall  have  the  power  to  pay  for  the  making  of  such  map  and 
also  to  pay  to  the  consulting  engineers  such  reasonable  compen- 


1010    AN  ACT  FOR  THE  GOVERNMENT  OF 3037b 

sation  for  their  services  and  expenses  as  the  commission  may 
determine. 

4.  Bond  of  certain  officers.  The  chairman,  chief  engineer 
and  secretary  and  treasurer  of  the  commission  shall  each  give 
bond,  with  approved  surety,  in  such  sum  as  may  be  fixed  by  the 
commission,  which  bond  shall  be  payable  to  the  commission  and 
oblige  the  makers  thereof  to  perform  faithfully  the  duties  of 
their  several  offices,  and  faithfully  account  for  and  pay  over  all 
money  or  other  thing  of  value  which  may  come  into  their  several 

hands. 

5.  Report  of  most  desirable  system  to  be  made.  When  the 
commission  shall  have  determined  what  system  of  sewerage  is 
the  most  expedient  to  be  adopted,  it  shall  report  the  same,  as  well 
as  the  other  proposed  systems,  to  the  Mayor,  giving  a  descrip- 
tion of  the  general  plan  of  each  of  the  various  systems  of  con- 
struction proposed,  and  the  probable  cost  of  each.  The  Mayor 
shall  lay  this  report  before  the  General  Council  and  the  system 
recommended  by  the  commission  shall  be  adopted  and  carried  out 
by  the  commission,  unless  the  system  recommended  by  the  com- 
mission shall,  within  thirty  days  after  it  has  been  received  by  the 
General  Council,  be  rejected  and  disapproved  by  a  two-thirds 
vote  of  all  the  members  of  each  board  of  the  General  Council, 
each  of  said  boards  sitting  separately.  If  said  system  so  recom- 
mended by  the  commission  be  so  rejected  by  the  General  Council, 
then  at  any  time  within  thirty  days  thereafter  one  or  the  other 
of  the  alternative  systems  presented  as  aforesaid  to  the  General 
Council  may  be  considered  by  it,  and  of  these  systems  the  one 
shall  finally  be  adopted  which  shall  be  approved  by  two-thirds 
vote  of  all  the  members  of  each  board  of  the  General  Council, 
each  of  said  boards  sitting  separately,  and  if  none  of  the  systems 
so  submitted  receive  the  necessary  two-thirds  vote  within  thirty 
days  after  the  one  recommended  by  the  commission  has  been 
rejected  as  aforesaid,  then  said  commission,  with  the  approval 
of  the  Mayor,  shall  have  the  right  to  choose  a  system  and  carry  it 
out.  The  General  Council  shall  have  no  power  to  vary  any  system 
proposed  and  presented  by  the  commission,  but  must  adopt  one  of 
those  reported,  in  its  entirety. 

6.  Power  of  commission.  Said  commission  shall  have  full 
power  and  authority  to  carry  out  the  purposes  of  this  act,  among 
which  powers  shall  be  the  following — that  is  to  say : 


3037b CITIES  OF  THE  FIRST  CLASS. 1011 

(1)  To  make  all  such  preliminary  investigations  and  to  do  all 
such  preliminary  work  as  should,  in  'its  judgment,  precede  the 
actual  projection,  construction  and  establishment  of  a  system  of 
sewerage. 

(2)  To  construct  and  establish  all  such  local,  district,  lateral, 
intercepting,  outfall,  or  other  sewers  and  all  such  conduits,  drains 
and  pumping  or  other  plants,  and  all  such  buildings,  structures, 
works,  apparatus  or  agencies,  and  to  lay  all  such  mains  and  pipes 
within  the  said  city  or  in  the  county  in  which  such  city  is  located, 
as  it  may  deem  expedient  for  carrying  said  system  of  sewerage 
projected  and  adopted  into  full  effect. 

(3)  To  incorporate  with  said  system  of  sewerage  or  otherwise 
utilize  for  the  purpose  of  this  act,  so  far  as  it  may  deem  expedi- 
ent, any  or  all  public  sewers  or  drains,  including  storm  water 
sewer  and  drains,  and  any  and  all  of  their  appurtenances,  either 
in  their  present  condition  or  with  such  repairs,  modifications  or 
changes  as  said  commission  may  see  fit  to  make,  and  to  enlarge 
or  extend  or  to  condemn,  close  up,  abolish  or  destroy,  in  its  dis- 
cretion, any  or  all  of  such  existing  public  sewers  or  drains,  or  to 
alter  their  functions  or  to  increase  their  burdens,  as  it  may  think 
best. 

(4)  Besides  the  chief  engineer,  the  commission  may  appoint 
or  employ  such  other  professional  or  technical  advisers  and  ex- 
perts and  such  agents,  assistants,  clerks,  employes  and  laborers, 
skilled  or  unskilled,  of  all  kinds,  as  it  may  deem  requisite  for  the 
due  and  proper  execution  of  the  duties  devolved  upon  it  by  this 
act,  and  may  fix  their  respective  compensation  and  remove  or 
discharge  them  at  pleasure,  and  may  exact  from  any  of  its  officers 
or  employes  such  indemnity  bonds  for  the  proper  performance 
of  their  respective  duties  as  it  may  deem  proper. 

(5)  To  establish  and  enforce  such  reasonable  rules  and  regu- 
lations for  its  own  government  and  for  the  supervision,  protec- 
tion, management  and  conduct  of  its  work  as  it  may  deem  expe- 
dient. 

(6)  To  make  and  enter  into,  in  its  name,  any  and  all  contracts, 
agreements  or  stipulations  germane  to  the  scope  of  its  duties  and 
powers  under  this  act. 

(7)  To  purchase,  hire  or  otherwise  obtain  the  use  of  all  such 
machinery,  tools,  implements,  supplies,  appliances,  material  and 
working  agencies  as  it  may  need  for  its  purposes. 


1012 AN  ACT  FOR  THE  GOVERNMENT  OF 3037b 

Provided,  That  this  enumeration  of  special  powers  in  the  sub- 
divisions of  this  section  shall  not  be  construed  as  restricting  in 
any  degree  the  scope  of  the  general  powers  hereinbefore  con- 
ferred upon  the  commission. 

7.  Land  may  be  acquired.  Said  commission  may  acquire,  by 
gift,  purchase  or  lease,  or  by  condemnation,  any  land  or  property 
situated  wholly  or  partly  within  the  city  or  within  the  county  in 
which  such  city  is  located,  or  any  interest,  franchise,  easement, 
right  or  privilege  therein  which  may  be  required  for  the  purpose 
of  constructing,  establishing,  maintaining  and  operating  such 
sewerage  system.  The  method  of  condemnation  of  property  shall 
be  the  same  as  that  provided  for  the  condemnation  for  appropri- 
ate municipal  purposes  by  cities  of  the  first  class. 

8.  Removal  of  obstructions.  All  individuals  or  coi-poration 
having  buildings,  structures,  works,  conduits,  mains,  pipes, 
tracks,  or  other  physical  obstruction  in,  over  or  upon  the  public 
streets,  lanes,  alleys  or  highways,  which  shall  interfere  with  or 
impede  the  progress  of  said  sewerage  system  when  in  process  of 
construction  and  establishment,  shall,  upon  reasonable  notice 
from  said  commission,  promptly  so  shift,  adjust,  accommodate 
or  remove  the  same,  at  their  own  cost  and  expense,  as  fully  to 
meet  the  exigencies  occasioning  such  action  and  the  General 
Council  shall  have  full  power,  by  ordinance,  to  prescribe  the 
penalty  for  such  failure. 

9.  Contracts — how  awarded.  All  work  done  or  supplies  or 
material  purchased  in  carrying  out  the  purposes  of  this  act,  when 
involving  an  expenditure  of  five  hundred  dollars  or  more,  shall 
be  by  contract  awarded  to  the  lowest  and  best  bidder;  but  the 
commission,  with  the  consent  of  four  of  the  members,  may  itself 
do  any  part  or  parts  of  such  work  under  such  conditions  as  it  may 
prescribe,  by  day  labor,  whenever  the  chief  engineer,  in  writing, 
shall  recommend  that  course.  All  bids,  or  parts  of  bids,  for  any 
such  work  or  supplies  of  materials  may  be  rejected  by  said  com- 
mission. 

10.  Completed  work  to  be  turned  over  to  Boaid  of  Public 
Works.  And  when  any  portion  of  said  sewerage  system  shall  be 
complete  and  ready  for  active  operation,  the  commission  shall 
restore  the  street,  alley  or  other  public  way  through  which  said 
completed  work  extends,  to  its  original  condition  as  near  as  prac- 
ticable, and  then  notify  the  Board  of  Public  Works  and  turn  over 


3037b CITIES  OF  THE  FIRST  CLASS. 1013 

said  completed  portion  to  such  board,  and  the  same  shall  there- 
after be  under  the  exclusive  control  of  said  Board  of  Public 
Works. 

11.  Election  to  authorize  tax — bonds.  In  order  to  provide 
money  for  the  projection,  construction  and  establishment  of  said 
sewerage  system,  the  General  Council  may  adopt  an  ordinance 
submitting  to  the  voters  of  the  city,  at  the  November  election, 
1906,  the  question  whether  bonds  of  the  city  shall  be  issued  for 
the  purpose  of  carrying  out  the  work  herein  provided  for.  The 
ordinance  shall  provide  the  date  and  maturity  of  auch  bonds,  the 
rate  of  interest  they  shall  bear  and  the  total  amount  to  be  issued, 
which  shall  not  exceed  four  million  dollars,  and  the  ordinance 
shall  also  contain  the  necessary  details  in  reference  to  the  execu- 
tion and  delivery  of  said  bonds,  their  denominations,  coupons  to 
be  annexed,  tax  to  be  levied  to  pay  the  interest  and  a  sinking  fund 
to  retire  such  bonds  at  maturity.  Said  ordinance  for  the  sub- 
mission of  the  question  of  issuing  bonds  to  the  people  may  be 
adopted  by  the  General  Council  either  prior  or  subsequent  to  the 
selection  of  the  system  to  be  used  in  the  construction  of  said 
sewerage  system. 

12.  Bonds — concerning.  If  the  voters  of  the  city  shall  deter- 
mine that  such  bonds  shall  be  issued,  they  shall,  when  so  issued, 
be  placed  under  the  control  of  said  commission,  who  shall  deter- 
mine when  and  at  what  price  and  how  they  shall  be  sold:  Pro- 
vided, that  no  such  bonds  shall  be  sold  for  less  than  par ;  and  pro- 
vided, further,  that  any  premium  which  may  be  obtained  from 
said  bonds  shall  constitute  a  part  of  the  sinking  fund  for  their 
ultimate  retirement.  As  the  said  bonds  are  sold,  their  proceeds 
shall  go  to  the  credit  of  the  commission  in  the  same  depositaries 
which  are  selected  for  the  deposit  of  the  funds  of  the  Sinking 
Fund  Commissioners  of  the  city,  and  upon  the  same  agreement 
as  to  interest,  and  shall  be  withdrawn  only  upon  the  checks  of 
the  secretary  and  treasurer  of  the  commission,  countersigned  by 
the  chairman,  accompanying  a  voucher  approved  by  the  chief 
engineer. 

13.  Disbursements — concerning.  All  disbursements  of  the 
commission,  including  compensation  to  its  members,  or  officers, 
engineers,  agents,  and  others  employed  by  it,  shall  come  out  of 
the  proceeds  of  the  sale  of  the  said  bonds:  Provided,  however, 
that  the  commission  shall  have  the  right  to  borrow  enough  money 


1014 AN  ACT  FOR  THE  GOVERNMENT  OF 3037b 

to  defray  the  liabilities  incurred  by  it  up  to  the  time  it  shall  re- 
ceive such  proceeds  and  in  the  event  that  the  voters  of  the  city 
shall  reject  the  said  ordinance,  then  the  city  shall  be  responsible 
for  the  repayment  of  all  money  so  borrowed,  and  provided  that 
in  the  event  the  said  ordinance  to  be  submitted  to  the  people  is  not 
adopted  by  them,  then  on  the  first  day  of  December,  1906,  the 
powers  herein  granted  to  the  said  commission  shall  cease  and  the 
said  commission  shall  stand  dissolved. 

14.  Property  of  commission  to  vest  in  city.  Upon  the  disso- 
lution of  the  said  commission,  as  provided  in  Section  13,  or  upon 
its  dissolution  growing  out  of  its  completion  of  the  work  and  the 
consequent  expiration  of  the  terms  of  the  members  of  the  com- 
mission, all  property,  real,  personal  and  mixed,  franchises,  ease- 
ments, maps,  plans,  books  and  papers  shall,  by  operation  of  law, 
and  whether  acquired  by  gift,  purchase,  condemnation  or  any 
other  method,  vest  in  and  become  the  property  of  the  city,  and  all 
money  then  in  the  hands  of  the  commission  shall  be  by  it  turned 
over  to  the  city  to  be  used  first  to  defray  any  liabilities  which 
have  been  incurred  by  the  commission,  and,  second,  the  balance, 
if  any,  to  be  paid  into  the  hands  of  the  commissioners  of  the  sink- 
ing fund  of  such  city,  to  be  used  by  them  as  a  sinking  fund  for 
the  bonds  hereinbefore  provided  for.  (Section  14  of  "An  act  to 
enable  cities  of  the  first  class  to  construct  a  comprehensive  sys- 
tem for  the  disposition  of  sewerage,"  approved  February  19, 
1906,  is  hereby  amended  by  adding  thereto  the  following  provi- 
sions :  If  there  shall  be  established  before  the  dissolution  of  the 
commission,  a  new  commission  for  the  construction  of  an  exten- 
sion of  the  comprehensive  system  of  sewers  all  property,  real, 
personal  and  mixed,  franchises,  easements,  maps,  plans,  books 
and  papers,  shall,  on  its  dissolution,  by  operation  of  law  and 
whether  acquired  by  gift,  purchase,  condemnation  or  any  other 
method,  vest  in  and  become  the  property  of  the  said  new  commis- 
sion, and  all  money  then  in  the  hands  of  the  former  commission 
shall  on  its  dissolution  be  by  it  turned  over  to  the  said  new  com- 
mission to  be  used  first  to  defray  any  liabilities  which  have  been 
incurred  by  the  former  .commission,  and  second,  the  balance  to 
be  expended  in  the  projection,  construction  and  establishment  of 
the  extension  of  the  sewer  system.    Act  of  March  18,  1912.) 

15.  Board  of  Public  Works — concerning.    Section  2825,  Ken- 
tucky Statutes,  vesting  a  certain  exclusive  control  in  the  Board 


3037b CITIES  OF  THE  FIRST  CLASS. 1015 

of  Public  Works,  shall,  to  the  extent  that  it  conflicts  with  this  act, 

stand  repealed :  Provided,  that  such  exclusive  control  of  the  Board 

of  Public  Works  shall  attach  and  thereafter  continue  as  provided 

in  Section  10  of  this  act.     (This  section  is  an  act  of  February  19, 

1906.) 

The  followi7ig  sub-sections  are  an  act  of  1912 — 416: 

16.  1.  Sewei-age  Commission.  The  Mayor  of  any  city  of  the 
first  class  may  appoint  four  persons  who,  with  the  Mayor  as  a 
member  ex  officio,  shall  constitute  a  Sewerage  Commission.  Of 
such  appointees  two  shall  be  members  of  the  Democratic  party 
and  two  members  of  the  Republican  party.  Each  appointee  shall 
be  at  least  twenty-five  years  of  age  and  reside  within  the  city 
and  be  the  owner  in  his  own  right  of  real  estate.  No  officer  or 
employe  of  the"  said  city,  whether  holding  a  paid  or  unpaid  office, 
shall  be  eligible  for  appointment  to  the  said  commission.  Such 
appointees  shall  be  subject  to  the  approval  of  the  Board  of  Alder- 
men. The  term  of  office  shall  be  four  years,  but  if  the  work 
herein  provided  for  is  sooner  completed,  such  term  of  office  shall 
expire  at  such  completion.  If  such  work  is  not  completed  at  the 
expiration  of  such  term  of  office,  the  commission  shall  be  con- 
tinued by  appointments  made  in  the  same  manner  as  the  original 
appointment.  Vacancies  shall  be  filled  for  the  unexpired  term  in 
the  same  manner  as  the  original  appointment. 

2.  Powers  of  commission.  The  persons  appointed  as  provided 
in  the  first  section  shall  constitute  a  body  corporate  under  the 
name  of  the  Commissioners  of  Sewerage  of  Louisville,  and  shall 
have  capacity  to  contract  and  be  contracted  with,  to  sue  and  be 
sued  in  that  name,  and  to  adopt  a  seal  and  alter  same  at  pleasure. 
Said  commission  shall  elect  a  chairman  from  the  appointed  mem- 
bers. It  shall  also  elect,  by  unanimous  vote,  a  chief  engineer, 
not  a  member  of  the  commission,  but  such  chief  engineer  shall 
be  removable  at  the  pleasure  of  a  majority  of  the  commission. 
It  shall  also,  by  unanimous  vote,  elect  a  secretary  and  treasurer, 
not  a  member  of  the  commission,  who  shall  hold  the  combined 
office  at  the  pleasure  of  a  majority  of  the  commission.  The  com- 
mission may  appoint  such  clerks,  agents  or  assistants  as  it  may 
deem  expedient  and  fix  their  compensation.  The  chief  engineer 
shall  give  his  entire  attention  to  the  affairs  of  the  commission  and 
shall  receive  as  compensation  a  salary  to  be  fixed  by  the  General 
Council,  not  exceeding  five  thousand  dollars  per  annum.     The 


1016 AN  ACT  FOR  THE  GOVERNMENT  OF 3037b 

appointed  members  of  the  commission  shall  each  receive  a  salary, 
to  be  fixed  by  the  General  Council,  not  exceeding  three  thousand 
dollars  per  annum  for  the  chairman,  and  fifteen  hundred  dollars 
per  annum  for  each  of  the  others.  The  secretary  and  treasurer 
shall  receive  a  salary,  to  be  fixed  by  the  commission,  not  exceed- 
ing twentyfive  hundred  dollars  per  annum. 

3.  Duties  of  commission.  It  shall  be  the  duty  of  the  commis- 
sion to  make  a  study  of  the  present  and  ultimate  needs  of  the 
city,  having  in  view  the  growth  of  the  city  and  the  extension  of 
its  boundaries,  for  both  sanitary  and  storm  water  drainage. 
After  a  comprehensive  study  has  been  made,  the  commission 
shall  determine  what  work  should  be  done  to  improve  the  differ- 
ent districts  of  the  city,  and  shall  detail  proposed  construction  of 
combined  sewers,  separate  sewers  and  storm  drains  and  im- 
provement of  water  courses.  To  aid  in  the  study,  the  commis- 
sion may  employ  such  expert  advice  and  consulting  engineers  as 
it  deems  wise,  and  pay  such  reasonable  compensation  for  their 
services  and  expenses' as  the  commission  may  determine. 

4.  Bonds  to  be  executed.  The  chaiiman,  chief  engineer,  and 
secretary  and  treasurer  of  the  commission  shall  each  give  bond, 
with  approved  surety,  in  such  sum  as  may  be  fixed  by  the  com- 
mission, which  bond  shall  be  payable  to  the  commission  and 
oblige  the  makers  thereof  to  perform  faithfully  the  duties  of 
their  several  offices,  and  faithfully  account  for  and  pay  over  all 
money  or  other  thing  of  value  which  may  come  into  their  sev- 
eral hands. 

5.  Report  of  commission — adoption  or  rejection.  When  the 
commission  shall  have  determined  the  extension  of  the  sewer 
system  which  it  deems  best  fitted  to  meet  the  needs  of  the  city 
and  has  outlined  it  in  as  much  detail  as  is  practicable,  it  shall 
report  the  same  to  the  Mayor  with  a  description  of  the  general 
plan  and  its  probable  cost.  The  Mayor  shall  lay  this  report  be- 
fore the  General  Council  and  the  plan  recommended  by  the  com- 
mission shall  be  adopted  and  carried  out  by  the  commission,  un- 
less the  plan  recommended  by  the  commission  shall,  within 
thirty  days  after  it  has  been  received  by  the  General  Council,  be 
rejected  and  disapproved  by  two-thirds  vote  of  all  the  members 
of  each  board.  If  the  General  Council  rejects  the  plan  recom- 
mended by  the  commission,  the  council  shall  return  the  plan  to 
the  commission  with  their  criticism  and  suggestions.    The  com- 


3037b CITIES  OF  THE  FIRST  CLASS. 1017 

mission  shall  thereupon  make  a  further  study  and  thoroughly 
examine  the  recommendations  of  the  council  and  prepare  an 
alternative  plan  in  accordance  with  what  on  this  further  study 
appears  in  their  judgment  to  be  for  the  best  interest  of  the 
city.  The  commission  shall  then  present  the  alternative  plan 
to  the  Mayor  to  be  submitted  to  the  council.  At  any  time  with- 
in thirty  days  after  the  submission  of  the  alternative  plan  to 
the  Mayor  the  General  Council  may  consider  it,  and  if  it  shall 
receive  the  two-thirds  vote  of  all  the  members  of  each  board 
of  the  General  Council,  each  of  said  boards  sitting  separately, 
it  shall  be  adopted,  but  if  it  fails  to  receive  the  necessary  two- 
thirds  vote  within  the  said  thirty  days,  then  said  commission, 
with  the  approval  of  the  Mayor,  shall  have  the  right  to  choose 
a  system  and  carry  it  out.  The  General  Council  shall  have  no 
power  to  vary  any  system  proposed  and  presented  by  the  com- 
mission, but  must  adopt  one  of  those  reported  in  its  entirety. 

6.  Powers  of  commission.  Said  commission  shall  have  xx)wer 
and  authority  to  carry  out  the  purposes  of  this  act,  among 
which  powers  shall  be  the  following;  that  is  to  say:  First,  To 
make  all  such  preliminary  investigations  and  to  do  all  such  pre- 
liminary work  as  should,  in  its  judgment,  precede  the  actual  pro- 
jection, construction  and  establishment  of  an  extension  of  the 
system  of  sewerage.  Second,  To  construct  and  establish  all  such 
local,  district,  lateral,  intercepting,  outfall  or  other  sewers  and 
all  such  conduits,  drains  and  pumping  or  other  plants,  and  all 
such  buildings,  structures,  work,  apparatus  or  agencies,  and 
to  lay  all  such  mains  and  pipes  within  the  said  city  or  in  the 
county  in  which  said  city  is  located,  as  it  may  deem  expedient 
for  carrying  said  system  of  sewerage  projected  and  adopted 
into  full  effect.  Third,  To  incorporate  with  said  sewerage  ex- 
tension or  otherwise  utilize  for  the  purpose  of  this  act,  so  far 
as  it  may  deem  expedient,  any  or  all  public  sewers  or  drains, 
including  storm  water  sewers,  drains,  and  water  courses  and 
any  and  all  of  their  appurtenances,  either  in  their  present  con- 
dition or  with  such  repairs,  modifications  or  changes  as  said 
commission  may  see  fit  to  make,  and  to  enlarge,  extend,  or  im- 
prove, or  to  condemn,  close  up,  abolish  or  destroy  in  its  discre- 
tion, any  or  all  such  existing  public  sewers,  drains  or  water 
courses  or  to  alter  their  functions  or  to  increase  their  burdens- 
as  it  may  think  best.     Fourth,  Besides  the  chief  engineer,  the 


1018 AN  ACT  FOR  THE  GOVERNMENT  OF 3037b 

commission  may  appoint  or  employ  such  other  professional  or 
technical  advisers  and  experts  and  such  agents,  assistants,  clerks, 
employes  and  laborers,  skilled  or  unskilled,  of  all  kinds,  as  it 
may  deem  requisite  for  the  due  and  proper  execution  of  the 
duties  devolved  upon  it  by  this  act,  and  may  fix  their  respective 
compensation  and  remove  or  discharge  them  at  pleasure,  and 
may  exact  from  any  of  its  officers  or  employes  such  indemnity 
bonds  for  the  proper  performance  of  their  respective  duties  as 
it  may  deem  proper.  Fifth,  To  establish  and  enforce  such  rea- 
sonable rules  and  regulations  for  its  own  government  and  for 
the  supervision,  protection,  management,  and  conduct  of  its 
work  as  it  may  deem  expedient.  Sixth,  To  make  and  enter  into, 
in  its  name,  any  and  all  contracts,  agreements  or  stipulations 
germane  to  the  scope  of  its  duties  and  powers  under  this  act. 
Seventh,  To  purchase,  hire  or  otherwise  obtain  the  use  of  all  such 
machinery,  tools,  implements,  supplies,  appliances,  materials 
and  working  agencies  as  it  may  need  for  its  purposes.  Provided, 
that  this  enumeration  of  special  powers  in  the  subdivisions  of 
this  section  shall  not  be  construed  as  restricting  in  any  degree 
the  scope  of  the  general  powers  hereinbefore  conferred  upon 
the  commission. 

7.  Real  estate — commission  may  acquire — condemnation  of. 

Said  commission  may  acquire  by  gift,  purchase,  or  lease,  or  by 
condemnation,  any  land  or  property  situated  wholly  or  partly 
within  the  city  or  within  the  county  in  which  such  city  is  located, 
or  any  interest,  franchise,  easement,  right  or  privilege  therein 
which  may  be  required  for  the  purpose  of  constructing,  estab- 
lishing, maintaining  and  operating  such  sewerage  system.  The 
method  of  condemnation  of  property  shall  be  the  same  as  that 
provided  for  the  condemnation  for  appropriate  municipal  pur- 
poses by  cities  of  the  first  class. 

8.  Removal  of  obstructions.  All  individuals  or  coii)orations ' 
having  buildings,  structures,  works,  conduits,  mains,  pipes, 
tracts,  or  other  physical  obstruction  in,  over  or  upon  the  public 
streets,  lanes,  alleys,  or  highways,  which  shall  interfere  with  or 
impede  the  progress  of  said  sewerage  system  when  in  process  of 
construction   and   establishment,   shall,   upon   reasonable   notice 

§    7.    A    judgment    condemning    an       Comrs.  of  Sewerage  of  Louisville,  152 
easement      was     affirmed.     Weiss     v.       Ky.  552;  153  S.  W.  967. 


3037b        CITIES  OF  THE  FIRST  CLASS. 1019 

from  said  commission,  promptly  so  shift,  adjust,  accommodate  or 
remove  the  same,  at  their  own  cost  and  expense,  as  fully  to  meet 
the  exigencies  occasioning  such  action,  and  the  General  Council 
shall  have  full  power,  by  ordinance,  to  prescribe  the  penalty  for 
such  failure. 

9.  Contract  to  lowest  bidder.  All  work  done,  or  supplies  or 
material  purchased  in  carrying  out  the  purposes  of  this  act,  when 
involving  an  expenditure  of  five  hundred  dollars  or  more,  shall 
be  by  contract  awarded  to  the  lowest  and  best  bidder.  All  bids 
or  parts  of  bids,  for  any  such  work  or  supplies,  may  be  rejected 
by  said  commission.  The  commission  may,  however,  with  the 
consent  of  four  of  the  members,  itself  do  any  part  or  parts  of 
its  work  under  such  conditions  as  it  may  prescribe  by  day  labor 
when  the  chief  engineer,  in  writing,  shall  recommend  that 
course. 

10.  Public  ways  restored  to  original  condition.  And  when 
any  portion  of  said  sewerage  system  shall  be  complete  and  ready 
for  active  operation,  the  commission  shall  restore  the  street, 
alley,  or  other  public  way  through  which  said  completed  work 
extends,  to  its  original  condition  as  near  as  practicable,  and  may 
then  notify  the  Board  of  Public  Works  and  turn  over  said  com- 
pleted portion  to  such  board,  and  the  same  shall  thereafter  be 
under  the  exclusive  control  of  said  Board  of  Public  Works. 

11.  Bond  issue — vote  upon.  In  order  to  provide  money  for 
the  projection,  construction  and  establishment  of  said  sewerage 
system,  the  General  Council  may  adopt  an  ordinance  submitting 
to  the  voters  of  the  city,  at  the  regular  city  election,  the  question 
whether  bonds  of  the  city  shall  be  issued  for  the  purpose  of 
carrying  out  the  work  herein  provided  for.  The  ordinance  shall 
provide  the  date  and  maturity  of  such  bonds,  the  rate  of  interest 
they  shall  bear  and  the  total  amount  to  be  then  issued,  and  the 
ordinance  shall  also  contain  the  necessary  details  in  reference 
to  the  execution  and  delivery  of  said  bonds,  their  denominations, 
coupons  to  be  annexed,  tax  to  be  levied  to  pay  the  interest,  and 
a  sinking  fund  to  retire  such  bonds  at  maturity.  Said  ordinance 
for  the  submission  of  the  question  of  issuing  bonds  to  the  people 
may  be  adopted  by  the  General  Council  either  prior  or  subse- 
quent to  the  selection  of  the  system  to  be  used  in  the  construc- 
tion of  said  sewerage  system.  The  total  amount  of  bonds  to  be 
issued  under  this  act  shall  not  exceed  two  million  dollars. 


1020 AN  ACT  FOR  THE  GOVERNMENT  OF 3037b 

12.  Issue  and  sale  of  bonds — disposition  of  proceeds.    If  the 

voters  of  the  city  shall  determine  that  such  bonds  shall  be  issued 
they  shall,  when  so  issued,  be  placed  under  the  control  of  said 
commission,  who  shall  determine  when  and  at  what  price  and 
how  they  shall  be  sold.  Provided,  that  no  bonds  shall  be  sold 
for  less  than  par,  and  provided  further,  that  any  premium  which 
may  be  obtained  from  said  bonds  shall  constitute  a  part  of  the 
sinking  fund  for  their  ultimate  retirement.  As  the  said  bonds 
are  sold  their  proceeds  shall  go  to  the  credit  of  the  commission, 
in  the  same  depositories  which  are  selected  for  the  deposit  of 
the  funds  of  the  Sinking  Fund  Commissioners  of  the  city,  and 
upon  the  same  agreement  as  to  interest,  and  shall  be  withdrawn 
only  upon  the  checks  of  the  secretary  and  treasurer  of  the  com- 
mission, countersigned  by  the  chairman,  accompanying  a  voucher 
approved  by  the  chief  engineer. 

13.  Disbursements — power  to  borrow  money.  All  disburse- 
ments of  the  commission,  including  compensation  to  its  mem- 
bers, or  officers,  engineers,  agents,  and  others  employed  by  it 
shall  come  out  of  the  proceeds  of  the  sale  of  the  said  bonds; 
Provided,  however,  that  the  commission  shall  have  the  right  to 
borrow  enough  money  to  defray  the  liabilities  incurred  by  it  up 
to  the  time  it  shall  receive  such  proceeds,  and  in  the  event  that 
the  voters  of  the  city  shall  reject  the  said  ordinance,  then  the 
city  shall  be  responsible  for  the  repayment  of  all  money  so  bor- 
rowed, and  provided  that  in  the  event  the  said  ordinance  to 
be  submitted  to  the  people  is  not  adopted  by  them,  then  on  the 
first  day  of  January  following  such  rejection,  the  powers  here- 
in granted  to  the  said  commission  shall  cease  and  said  commis- 
sion shall  stand  dissolved. 

14.  Property  vests  in  city  upon  dissolution  of  commission. 
Upon  the  dissolution  of  the  said  commission  as  provided  in  sec- 
tion thirteen,  or  upon  its  dissolution  growing  out  of  its  comple- 
tion of  the  work  and  the  consequent  expiration  of  the  term  of 
the  members  of  the  commission,  all  property,  real,  personal  and 
mixed,  franchises,  easements,  maps,  plans,  books,  and  papers, 
shall,  by  operation  of  law,  and  whether  acquired  by  gift,  pur- 
chase, condemnation  or  any  other  method,  vest  in  and  become 
the  property  of  the  city,  and  all  money  then  in  the  hands  of  the 
commission  shall  be  by  it  turned  over  to  the  city  to  be  used  first 
to  defray  any  liabilities  which  have  been  incurred  by  the  com- 


3037c  CITIES  OF  THE  FIRST  CLASS. 1021 

mission,  and  second,  the  balance,  if  any,  to  be  paid  into  the  hands 
of  the  Commissioners  of  the  Sinking  Fund  of  such  city,  to  be 
used  by  them  as  a  sinking  fund  for  the  bonds  hereinbefore  pro- 
vided for. 

15.  Section  2825  repealed  in  part — act  of  Februaiy  19,  1906, 
amended.  Section  2825,  Kentucky  Statutes,  vesting  a  certain 
exclusive  control  in  the  Board  of  Public  Works,  shall,  to  the  ex- 
tent that  it  conflicts  with  this  act,  stand  repealed,  provided,  that 
such  exclusive  control  of  the  Board  of  Public  Works  shall  attach 
and  thereafter  continue  as  provided  in  Section  10  of  this  act. 
Section  14  of  "An  act  to  enable  cities  of  the  first  class  to  con- 
struct a  comprehensive  system  for  the  disposition  of  sewerage," 
approved  February  19,  1906,  is  hereby  amended  by  adding 
thereto  the  following  provisions:  If  there  shall  be  established 
before  the  dissolution  of  the  commission,  a  new  commission  for 
the  construction  of  an  extension  of  the  comprehensive  system 
of  sewers,  all  property,  real,  personal  and  mixed,  franchises, 
easements,  maps,  plans,  books  and  papers,  shall,  on  its  dissolu- 
tion, by  operation  of  law  and  whether  acquired  by  gift,  pur- 
chase, condemnation  or  any  other  method  vest  in  and  become 
the  property  of  the  said  new  commission,  and  all  money  then  in 
the  hands  of  the  former  commission  shall  on  its  dissolution  be 
by  it  turned  over  to  the  said  new  commission  to  be  used  first  to 
defray  any  liabilities  which  have  been  incurred  by  the  former 
commission,  and  second,  the  balance  to  be  expended  in  the  pro- 
jection, construction  and  establishment  of  the  extension  of  the 
sewer  system.     (Act  of  March  18,  1912.) 

SUBDIVISION  XXXI. 

Tuberculosis  Hospital. 

§  3037c.  1.  Board  of.  That  in  counties  in  this  Common- 
wealth which  contain  a  city  of  the  first  class  there  shall  be 
created  a  board  to  be  composed  of  ten  persons,  which  shall  be 
a  body  politic  and  corporate,  and  shall  be  known  as  the  "Board 
of  Tuberculosis  Hospital,"  and  in  which  name  it  may  sue  and  be 
sued. 

2.  Mayor  to  appoint.  The  members  of  said  board  shall  be 
appointed  by  the  Mayor  of  the  city  and  shall  serve  without  com- 


1022 AN  ACT  FOR  THE  GOVERNMENT  OF 3037c 

pensation,  and  the  Mayor  shall  be  ex  officio  a  member  of  said 
board,  and  said  members  shall  be  appointed  for  a  term  of  four 
years. 

3.  Powers  of  board.  Said  board  shall  have  the  power  to 
organize  and  elect  officers,  rent  or  purchase,  or  to  erect,  and  to 
conduct  and  maintain  a  suitable  hospital  and  ground  for  the 
treatment  of  persons  afflicted  with  tuberculosis,  and  to  make  all 
needful  rules  and  regulations,  with  reference  to  the  admission 
and  discharge  of  patients  and  the  conduct  of  the  affairs  of  the 
hospital,  which,  in  their  judgment,  seem  proper,  provided  such 
regulations  be  not  in  conflict  with  the  law. 

4.  Vacancies  in.  The  Mayor  of  the  city  shall  have  power  to 
fill  any  vacancies  which  may  occur  in  the  membership  of  such 
board  through  death,  resignation  or  otherwise,  by  appointing 
some  other  person  to  fill  out  the  unexpired  term  of  such  person 
as  may  have  retired  from  the  board  during  the  term  for  which 
he  was  appointed. 

5.  Tax  to  support.  For  the  purpose  of  meeting  the  expenses 
necessary  to  carry  out  the  purpose  of  this  act,  the  Fiscal  Court 
of  the  county  and  the  municipal  board  of  the  city  in  which  such 
board  shall  exist  are  authorized,  empowered  and  directed  each 
to  levy  a  tax  not  to  exceed  five  cents  and  not  less  than  one-half 
a  cent  on  the  one  hundred  dollars  of  taxables  in  their  respec- 
tive cities  and  counties,  and  the  sums  derived  from  said  taxation 
are  to  be  paid  over  to  the  said  board  for  the  purposes  herein  set 
forth.  (Stibsection  as  amended  by  act  of  1912.)  (See  City  Hos- 
pital Commission  Act  of  1910,  §  3037e.) 

6.  Training  nurses.  Said  Board  of  Tuberculosis  Hospital 
shall  be  authorized  to  provide  for  the  instruction  and  training 
of  nurses  and  to  issue  diplomas  to  such  pupils  of  good  moral 
character  as  have  attended  its  courses  of  instruction  and  been 
engaged  as  nurses  in  its  hospital  or  under  its  charge  for  a  period 
or  periods  aggregating  not  less  than  twenty-four  months  and 
who  have  also  passed  with  credit  an  examination  proving  their 
competency  as  such  trained  nurses  to  the  satisfaction  of  said 
board.     (This  subsection  is  an  act  of  March  12,  1912.) 


3037d CITIES  OF  THE  FIRST  CLASS. 1023 

SUBDIVISION  XXXII. 

Franchises — Sale  of. 

§  3037d.  1.  Provision  for.  That  eighteen  months  before  the 
expiration  of  any  franchise  acquired  under,  or  prior  to,  the  pres- 
ent Constitution,  it  shall  be  the  duty  of  the  proper  legislative 
body  or  boards  to  provide  for  the  sale  of  a  similar  franchise  to 
the  highest  and  best  bidder,  on  terms  and  conditions  which  shall 
be  fair  and  reasonable  to  the  public,  to  the  corporation,  and  to 
the  patrons  of  the  corporation. 

Provided,  That  if  there  is  no  public  necessity  for  the  kind 
of  public  utility  in  question  and,  if  the  municipality  shall  desire 
to  discontinue  entirely  the  kind  of  service  in  question,  then  this 
section  shall  not  apply. 

2.  City  may  purchase  public  utility  plant.  If  the  municipality 
shall  desire  to  own  or  operate,  on  public  account,  the  utility  in 
question,  and  shall  take  the  steps  necessary  thereto  within  two 
years  after  the  passage  of  this  act,  or  within  two  years  before 
the  expiration  of  the  franchise,  and  shall  offer  to  purchase  at  a 
fair  valuation  the  plant  of  the  company  which  is  then  rendering 
the  service,  then  the  municipality  shall  be  under  no  obligation, 
by  reason  of  this  act,  to  sell  or  renew  or  to  continue  the  fran- 
chise in  question. 

3.  Value — how  fixed.  The  fair  valuation  of  the  plant  shall  be 
determined  by  three  persons ;  one  to  be  selected  by  the  munici- 
pality, one  to  be  selected  by  the  owners  of  the  plant  to  be  valued, 
and  the  third  to  be  selected  by  these  two.  The  plant  shall  be 
valued  as  a  going  concern,  but  no  allowance  shall  be  made  for 
future  growth. 

4.  Quality  and  price  of  service — deposit  and  bond  of   bidder. 

The  terms  and  conditions  mentioned  in  section  one  of  this  act 
shall  specify  the  quality  of  service  to  be  rendered  and  the  price 
which  shall  be  charged  for  the  service. 

Each  person  desiring  to  bid  for  such  franchise  shall  first  de- 
posit with  the  proper  officer  of  the  municipality  cash  or  duly  cer- 
tified check,  equal  to  five  per  cent  of  the  fair  estimated  cost  of 
the  plant  required  to  render  the  service,  which  check  or  cash 

§    3037d.    Sale    of    franchise.    Gath    right   v.   Byllesby,   154   Ky.    106;    157 
S.  W.  45. 


1024 AN  ACT  FOR  THE  GOVERNMENT  OF 3037e 

shall  be  forfeited  to  the  municipality  in  case  the  bid  should  be 
accepted  and  the  bidder  should  fail,  for  thirty  days  after  the 
confirmation  of  the  sale,  to  pay  the  price  bid  and  to  give  a  good 
and  suflficient  bond,  in  a  sum  equal  to  one-fourth  of  the  fair  esti- 
mated cost  of  the  plant  to  be  erected.  Said  bond  shall  be  so  con- 
ditioned that  it  shall  be  enforcible,  in  case  the  party  giving  it 
shall  fail,  within  a  reasonable  time,  to  establish  a  suitable  plant 
for  rendering  the  service  and  begin  rendering  the  service  in  the 
manner  set  forth  in  the  said  terms  and  conditions. 

5.  Exclusive  franchise  not  to  be  granted.  No  exclusive  privi- 
lege shall  be  acquired  under  this  act,  nor  shall  the  sale  of  a 
franchise  to  one  person  or  corporation  prevent  subsequent  sale 
of  a  similar  franchise  to  another  person  or  corporation. 

6.  Applyies  only  to  first-class  cities.  This  act  shall  apply 
only  to  cities  of  the  first  class.     (Act  of  March  22,  1904.) 

SUBDIVISION  XXXIII. 

Hospital  Commission. 

§  3037e.  1.  Hospital  Commission  created — appointment  of 
members.  The  Mayor  of  any  city  of  the  first  class  may  appoint 
four  persons  who,  with  the  Mayor  as  a  member  ex  oflflcio,  shall 
constitute  a  Hospital  Commission.  Of  such  appointees  two  shall 
be  members  of  the  Democratic  party  and  two  members  of  the 
Republican  party.  Each  appointee  shall  be  at  least  twenty-five 
years  of  age  and  reside  within  the  city,  and  the  owner  in  his 
own  right  of  real  estate.  No  officer  or  employe  of  said  city, 
whether  holding  a  paid  or  unpaid  office,  shall  be  eligible  for  ap- 
pointment to  the  said  commission.  Such  appointees  shall  be 
subject  to  the  approval  of  the  Board  of  Aldermen.  The  term 
of  office  shall  be  four  years,  but  if  the  work  herein  provided  for 
is  sooner  completed  such  term  of  office  shall  expire  at  such  com- 
pletion. Vacancies  shall  be  filled  for  the  unexpired  term  in  the 
same  manner  as  the  original  appointment. 

2.  Powers  of  commission — salaries.  The  persons  appointed 
as  provided  for  in  the  first  section  and  their  successors  shall  con- 
stitute a  body  corporate  under  the  name  of  the  Commissioners 

§  3037e.   Hospital  Commission.   Act      40P;   L34  S.  W.  458;  32  L.  E.  A.   (X. 
creating    Hospital    Commission    valid.       S.)   530. 
Render  v.  City  of  Louisville,  142  Ky. 


3037e CITIES  of  the  first  class. 1025 

of  Hospital  of (the  name  of  the  city  in  which  they  a)>e 

appointed  being  used  to  fill  the  blank) ,  and  shall  have  capacity 
to  contract  and  be  contracted  with,  to  sue  and  be  sued  in  that 
name,  and  to  adopt  a  seal  and  alter  the  same  at  pleasure.  Said 
commission  shall  elect  a  chairman  from  the  appointed  members. 
It  shall,  by  unanimous  vote,  elect  a  secretary  and  treasurer,  not 
a  member  of  the  commission  who  shall  hold  the  combined  office 
at  the  pleasure  of  a  majority  of  the  commission,  and  receive 
a  salary  to  be  fixed  by  the  commission,  not  exceeding  $1,800 
per  annum,  to  be  paid  by  the  commission.  It  shall,  by  like  vote 
(but  not  until  nor  unless  the  bonds  provided  for  in  Section  10 
of  this  act  shall  be  voted),  elect  a  superintendent  of  construc- 
tion. This  officer  must  be  a  draughtsman,  experienced  in  and 
familiar  with  fireproof  construction  and  the  erection  of  large 
buildings  and  their  mechanical  equipment,  and  experienced  in 
reading  and  executing  architect's  plans  and  specifications.  He 
shall  give  his  entire  attention  to  the  affairs  of  the  commission, 
and  shall  receive  as  compensation  a  salary  to  be  fixed  and  paid 
by  the  commission  not  exceeding  $4,000  per  annum.  He  shall 
be  removable  at  the  pleasure  of  a  majority  of  the  commission. 
The  appointed  members  of  the  commission  shall  receive  no  com- 
pensation, but  shall  be  allowed  their  expenses  of  travel  when  on 
business  of  the  commission. 

3.  Duties  and  powers.  It  shall  be  the  duty  of  the  commission 
to  make  such  careful  examination  of  the  method  of  constructing 
and  furnishing  public  hospitals  as  may  enable  it  to  determine 
the  best  plan  of  erecting  and  furnishing  a  public  hospital  that 
will  fully  answer  the  needs  of  the  city  for  which  it  is  appointed, 
taking  into  consideration  its  probable  growth,  including  the 
necessary  buildings  and  their  ventilation,  heating,  lighting  and 
furnishing.  The  commission  shall  have  the  power  to  employ 
one  or  more  architects  to  submit  plans  for  such  construction  and 
furnishing,  together  or  separately,  and  to  attend  to  the  carrying 
out  of  the  same,  and  pay  a  reasonable  compensation  therefor 
(but  no  compensation  shall  be  paid  any  such  architects  until  or 
unless  the  bonds  provided  for  in  Section  10  of  the  act  shall  be 
voted.) 

4.  Bonds  to  be  executed.  The  chairman,  superintendent  of 
construction  and  the  secretary  and  treasurer  of  the  commission 
shall  each  give  bond,  with  approved  surety  in  such  sum  as  may 


1026  AN  ACT  FOR  THE  GOVERNMENT  OF  3037e 

be  fixed  by  the  commission,  which  bond  shall  be  payable  to  the 
commission,  and  oblige  the  makers  thereof  to  perform  faithfully 
the  duties  of  their  several  offices,  and  faithfully  account  for  and 
pay  over  all  money  or  other  thing  of  value  which  may  come  into 
their  several  hands.  The  premiums  for  said  bonds  shall  be  paid 
by  the  commission. 

5.  Report  to  be  made.  When  the  commission  shall  have 
determined  upon  a  general  plan  for  the  construction  and  furnish- 
ing of  a  public  hospital,  which,  in  its  judgment,  is  the  most  ex- 
pedient to  be  determined  upon,  it  shall  report  the  same  as  well 
as  such  other  proposed  plans  as  it  may  deem  expedient,  to  the 
Mayor,  giving  a  description  of  the  general  plan  of  the  construc- 
tion and  furnishing  of  the  hospital  and  the  probable  cost  of 
carrying  out  each  plan.  The  Mayor  shall  lay  this  report  before 
the  General  Council  and  the  plan  recommended  by  the  commis- 
sion shall  be  adopted  and  carried  out  by  the  commission  unless 
the  plan  recommended  by  the  commission  shall,  within  thirty 
days  after  it  has  been  received  by  the  General  Council,  be  re- 
jected and  disapproved  by  a  two-thirds  vote  of  all  the  members 
of  each  board  of  the  General  Council,  each  of  said  boards  sitting 
separatelj\  If  said  plan  so  recommended  by  the  commission  be 
so  rejected  by  the  General  Council,  then  at  any  time  within 
thirty  days  thereafter  one  or  the  other  of  the  alternative  plans 
presented  as  aforesaid  to  the  General  Council  may  be  considered 
by  it,  and  of  these  plans  the  one  shall  finally  be  adopted  which 
shall  be  approved  by  a  two-thirds  vote  of  all  the  members  of 
each  board  of  the  General  Council,  each  of  said  boards  sitting 
separately;  and  if  none  of  the  plans  so  submitted  receives  the 
necessary  two-thirds  vote  within  thirty  days  after  the  one 
recommended  by  the  commission  has  been  rejected  as  aforesaid, 
then  said  commission,  with  the  approval  of  the  Mayor,  shall 
have  the  right  to  choose  a  plan  and  carry  it  out.  The  General 
Council  shall  have  no  power  to  vary  any  plan  proposed  and  pre- 
sented by  the  commission,  but  in  adopting  one  of  those  reported 
must  adopt  it  in  its  entirety. 

6.  Powers  of  commission.  Said  commission  shall  have  full 
power  and  authority  to  carry  out  the  purposes  of  this  act,  among 
which  powers  shall  be  the  following ;  that  is  to  say : 

(a)      To  make  all  such  preliminary  investigations  and  to  do 


3037e CITIES  OF  the  first  class. 1027 

all  such  preliminary  work  as  should,  in  its  judgment,  precede 
the  actual  construction  of  said  public  hospital. 

(b)  To  determine  upon  a  proper  site  for  such  public  hos- 
pital: Provided,  however,  That  where  in  any  such  city  there 
is  at  the  time  a  public  hospital,  that  site  as  it  exists  or  as  en- 
larged by  the  acquisition  of  such  adjacent  property  as  may  be 
recommended  by  the  commission,  shall  be  used  unless  the  com- 
mission shall  unanimously  determine  that  it  is  unsuitable  for  the 
purpose  and  shall  recommend  to  the  Mayor  the  acquisition  of 
another  site.  In  the  event  of  such  recommendation  the  Mayor 
shall  lay  the  matter  before  the  General  Council,  who  shall  ap- 
prove or  disapprove  the  recommendation  of  the  commission  as 
to  such  change  of  site,  and  only  upon  the  approval  of  such  change 
by  resolution  duly  adopted  by  both  boards  of  the  General  Coun- 
cil and  approved  by  the  Mayor,  shall  such  new  site  be  adopted. 
In  the  event  a  new  site  is  used  the  proceeds  of  the  sale  of  the  old 
site  shall  go  to  the  payment  for  the  new  site. 

(c)  To  provide  accommodations  for  patients  of  the  exist- 
ing public  hospital  while  the  new  building  is  in  course  of  erec- 
tion and  furnishing:  Provided,  however.  That  the  General  Coun- 
cil may,  out  of  its  levy  for  charitable  institutions,  assume  the 
whole  or  part  of  the  expense  of  providing  such  temporary  ac- 
commodations, to  the  relief  of  the  funds  of  the  commission. 

(d)  Besides  the  superintendent  of  construction  the  com- 
mission may  appoint  or  employ  such  other  professional  or  tech- 
nical advisers  and  experts  and  such  agents,  assistants,  clerks, 
employes  and  laborers,  skilled  or  unskilled,  of  all  kinds,  as  it 
may  deem  requisite  for  the  due  and  proper  execution  of  the 
duties  devolved  upon  it  by  this  act,  and  may  fix  their  respective 
compensations  and  remove  or  discharge  them  at  pleasure,  and 
may  exact  from  any  of  its  officers  or  employes  such  indemnity 
bonds  for  the  proper  performance  of  their  respective  duties  as  it 
may  deem  proper. 

(e)  To  establish  and  enforce  such  reasonable  rules  and 
regulations  for  its  own  government  and  for  the  supervision,  pro- 
tection, management  and  conduct  of  its  work  and  the  payment 
therefor  as  it  may  deem  expedient. 

(f)  To  make  and  enter  into,  in  its  name,  any  and  all  con- 
tracts, agreements  or  stipulations  germane  to  the  scope  of  its 
duties  and  powers  under  this  act. 


1028  AN  ACT  FOR  THE  GOVERNMENT  OF  3037e 

(g)  To  purchase,  hire,  or  otherwise  obtain,  the  use  of  all 
such  lands,  building,  machinery,  tools,  implements,  supplies, 
appliances,  materials  and  working  agencies  as  it  may  need  for 
its  purposes :  Provided,  That  this  enumeration  of  special  powers 
in  the  subdivisions  of  this  section  shall  not  be  construed  as  re- 
stricting in  any  degree  the  scope  of  the  general  powers  herein- 
before conferred  upon  the  commission. 

7.  Real  estate — commission  may  acquire — condemnation  of. 
Said  commission  may  acquire,  by  gift,  purchase  or  lease,  or  by 
condemnation,  any  land  or  property  situated  wholly  within  the 
city  where  such  hospital  is  located,  or  any  interest,  franchise, 
easement,  right  or  privilege  therein  which  may  be  required  for 
the  purpose  of  constructing,  furnishing,  maintaining  and  oper- 
ating such  public  hospital.  The  method  of  condemnation  of 
property  shall  be  the  same  as  that  provided  for  the  condemnation 
for  appropriate  municipal  purposes  by  cities  of  the  first  class. 

8.  Contracts — bids.  All  work  to  be  done,  or  supplies  or  mate- 
rials to  be  purchased  in  carrying  out  the  purposes  of  this  act, 
when  involving  an  expenditure  of  five  hundred  dollars  or  more, 
shall  be  by  contract,  awarded  to  the  lowest  and  best  bidder,  but 
the  commission,  with  the  consent  of  four  of  the  members,  may 
itself  do  any  part  or  parts  of  such  work  under  such  conditions  as 
it  may  prescribe,  by  day  labor,  whenever  the  superintendent  of 
construction,  in  writing,  shall  recommend  that  course.  All  bids 
or  parts  of  bids  for  any  work  or  supplies  or  materials,  may  be 
rejected  by  said  commission.  This  section  shall  not  apply  to 
nor  be  construed  so  as  to  limit  the  power  of  the  commission  in 
the  employment  of  architects,  employes,  clerks,  or  agents,  nor 
to  the  renting  of  grounds  or  buildings  for  the  accommodation  of 
patients  while  the  hospital  is  in  course  of  construction  and  fur- 
nishing. 

9.  Bond  issue — rate  upon.  In  order  to  provide  money  for  the 
construction  and  furnishing  of  the  said  public  hospital  the  Gen- 
eral Council  may  adopt  an  ordinance  submitting  to  the  voters  of 
the  city  at  the  November  election,  1910,  the  question  whether 
bonds  of  the  city  shall  be  issued  for  the  purpose  o'f  carrying  out 
the  work  herein  provided  for.  The  ordinance  shall  provide  the 
date  and  maturity  of  such  bonds,  the  rate  of  interest  they  shall 
bear  and  the  total  amount  to  be  issued,  which  shall  not  exceed 
one  million  dollars;  and  the   ordinance  shall   also  contain  the 


3037e CITIES  OF  the  first  class. 1029 

necessary  details  in  reference  to  the  execution  and  delivery  of 
said  bonds,  their  denominations,  coupons  to  be  annexed,  tax  to 
be  levied  to  pay  the  interest,  and  a  sinking  fund  to  retire  such 
bonds  at  maturity.  Said  ordinance  for  the  submission  of  the 
question  of  issuing  bonds  to  the  people  may  be  adopted  by  the 
General  Council  either  prior  or  subsequent  to  the  selection  of  the 
plan  to  be  used  in  the  construction  of  said  public  hospital. 

10.  Issue  and  sale  of  bonds.  If  the  voters  of  the  city  shall 
determine  that  such  bonds  shall  be  issued,  they  shall,  when  so 
issued,  be  placed  under  the  control  of  said  commission,  who  shall 
determine  when  and  at  what  price  and  how  they  shall  be  sold: 
Provided,  That  no  such  bonds  shall  be  sold  for  less  than  par,  and 
provided  further,  that  any  premium  which  may  be  obtained  from 
said  bonds  shall  constitute  a  part  of  the  sinking  fund  for  their 
ultimate  retirement.  As  the  said  bonds  are  sold,  their  proceeds 
shall  go  to  the  credit  of  the  commission  in  the  same  depositaries 
which  are  selected  for  the  deposit  of  the  funds  of  the  Sinking 
Fund  Commissioners  of  the  city,  and  upon  the  same  agreement 
as  to  interest,  and  shall  be  withdrawn  only  upon  the  checks  of 
the  secretary  and  treasurer  of  the  commission,  countersigned  in 
such  manner  and  accompanied  by  voucher  approved  in  such 
manner  as  may  be  prescribed  by  regulations  to  be  adopted  by 
the  commission. 

11.  Power  to  borrow  money.  All  disbursements  of  the  com- 
mission, including  compensation  to  its  officers,  agents  and  others 
employed  by  it,  shall  come  out  of  the  proceeds  of  the  sale  of  the 
said  bonds;  Provided,  hotvevei\  that  the  commission  shall  have 
the  right  to  borrow  enough  money  to  defray  the  liabilities  in- 
curred by  it  up  to  the  time  it  shall  receive  such  proceeds,  and  in 
the  event  that  the  voters  of  the  city  shall  reject  the  said 'ordi- 
nance, then  the  city  shall  be  responsible  for  the  payment  of  all 
money  so  borrowed;  and  provided  that  in  the  event  the  said 
ordinance  to  be  submitted  to  the  people  is  not  adopted  by  them, 
then  on  the  first  day  of  December,  1910,  the  powers  herein  grant- 
ed to  the  said  commission  shall  cease  and  the  said  commission 
shall  stand  dissolved. 

12.  Disposition  of  property  upon  dissolution  of  commission. 
Upon  the  dissolution  of  the  said  commission,  as  provided  in 
Section  11,  or  upon  its  dissolution  growing  out  of  its  completion 
of  the  work  and  the  consequent  expiration  of  the  terms  of  the 


1030  AN  ACT  FOR  THE  GOVERNMENT  OF 3037e 

members  of  the  commission,  all  property,  real,  personal  and  mix- 
ed, franchises,  easements,  maps,  plans,  books  and  papers,  shall, 
by  operation  of  law,  and  whether  acquired  by  gift,  purchase,  con- 
demnation or  any  other  method,  vest  in  and  become  the  property 
of  the  city,  and  all  money  then  in  the  hands  of  the  commission 
shall  be  by  it  turned  over  to  the  city  to  be  used  first  to  defray 
any  liabilities  which  have  been  incurred  by  the  commission; 
and,  second,  the  balance,  if  any,  to  be  paid  into  the  hands  of  the 
Commissioners  of  the  Sinking  Fund  of  such  city  to  be  used  by 
them  as  a  sinking  fund  for  the  bonds  hereinbefore  provided  for. 
The  commission  shall  pay  out  of  proceeds  of  the  sale  of  said 
bonds  all  valid  claims  for  damages  or  otherwise  which  may  be 
preferred  against  it  and  the  city  shall  not  be  liable  for  any  debt 
which  the  Hospital  Commission  may  incur,  or  claim  for  dam- 
ages which  may  be  asserted  or  awarded  against  said  commis- 
sion. 

13.  City  Attorney — duty  of.  All  legal  services  or  advice 
required  by  the  Hospital  Commission  shall  be  rendered  by  the 
City  Attorney  and  his  assistants  without  additional  compensa- 
tion. 

14.  Sections  2827  and  2861  repealed  in  part.  Section  2827, 
Kentucky  Statutes,  vesting  in  the  Board  of  Public  Works  of 
cities  of  first  class  supervision  and  control  over  the  construction 
of  all  public  buildings  and  public  improvements  shall,  to  the  ex- 
tent that  it  conflicts  with  this  act,  stand  repealed,  and  Section 
2861,  Kentucky  Statutes,  vesting  in  the  Board  of  Safety  exclu- 
sive control  of  all  matters  relating  to  the  city  hospital  shall,  to 
the  extent  that  it  conflicts  with  this  act,  stand  repealed ;  Pro- 
vided, That  after  said  public  hospital  shall  be  constructed  and 
turned  over  to  the  city,  as  provided  in  Section  12  of  this  act, 
then  said  two  sections  shall  attach  and  thereafter  continue  as 
provided  by  an  act  entitled  "An  Act  for  the  Government  of  Cities 
of  the  First  Class."     (Act- of  March  14,  1910.) 


3037f  CITIES  OF  THE  FIRST  CLASS.  1031 

SUBDIVISION  XXXIV. 

Plumbing  Department  and  Regulations. 

§  3037f.     1.     Certificates   to    be   obtained  by  plumbers.     Any 

person  now  or  hereafter  engaged  in  or  working  at  the  business  of 
plumbing  in  cities  of  the  first  class  of  this  Commonwealth,  either 
as  a  journeyman  plumber  or  as  a  master  plumber  working  in  the 
capacity  of  a  journeyman  plumber,  or  any  person  installing  or 
placing  any  plumbing,  fixtures  or  material,  shall  first  secure  a 
certificate  in  accordance  with  the  provisions  of  this  act. 

2.  Examination  to  be  passed.  That  within  ninety  days  after 
this  act  becomes  a  law,  and  thereafter,  all  persons  engaged  in  or 
working  at  the  business  of  plumbing  in  this  State,  either  as  a 
journeyman  or  as  a  master  plumber  working  in  the  capacity  of 
a  journeyman  plumber,  or  any  person  installing  or  placing 
plumbing  fixtures  or  material,  shall  make  application  to  the 
Board  of  Examiners  hereinafter  provided  for,  and  shall  at  such 
time  and  place  as  the  board  may  designate,  be  required  to  pass 
such  examination  as  to  his  qualification  and  competency  as  a 
plumber,  as  the  board  may  prescribe.  The  examination  shall 
be  of  such  character  as  to  thoroughly  test  the  applicant's  ability 
both  practically  and  theoretically. 

3.  Board  of  examiners — compensation.  There  shall  be  in 
every  city  of  the  first  class  in  this  State  a  Board  of  Examiners 
of  Plumbers,  consisting  of  four  members,  two  of  whom  shall  be 
master  plumbers  and  two  journeymen  plumbers.  Said  board 
shall  be  appointed  by  the  Mayor  and  approved  by  the  General 
Council,  or  by  the  board  of  trustees  of  said  city,  within  ninety 
days  after  the  passage  of  this  law,  for  the  term  of  one  year  from 
the  first  of  May  of  the  year  of  appointment  and  thereafter  an- 
nually before  the  first  of  May,  and  shall  be  paid  from  the  treas- 
ury of  said  city  the  same  as  other  officers  in  such  sums  as  the 
authorities  may  designate,  but  in  no  case  shall  the  salaries  or 
fees  of  the  aforesaid  board  exceed  fifty  per  cent  of  the  fees  col- 
lected for  examinations  as  hereinafter  provided  for.  No  person 
shall  be  eligible  as  a  member  of  this  board  who  has  not  served  a 

§3037f.      Plumbing   in   large   cities  quiring    plumbers    to    undergo    an    ex- 
has   such   a   relation   to   public    health  aniination.     City  of  Louisville  v.  Con- 
or  safety   as   to   authorize   the   Legis-  tier,  177  Ky.  242;  197  S.  W.  819. 
lature    to    regulate    the    same    by    re- 


1032 AN  ACT  FOR  THE  GOVERNMENT  OF 3037f 

regular  apprenticeship  and  worked  as  a  practicable  journeyman 
for  a  period  of  five  years  or  more. 

4.  Members  of  board.     All  members  of  such  board  shall  be 
citizens  and  actual  residents  of  the  cities  in  which  they  act. 

5.  Duties  of  board.  The  Board  of  Examiners  of  Plumbers 
shall  within  twenty  days  after  their  appointment,  meet  and  shall 
then  designate  the  time  and  place  of  the  examination  of  all  ap- 
plicants for  plumbers'  certificates  within  their  respective  juris- 
diction. Said  board  shall  examine  all  applicants  as  to  their 
knowledge  of  plumbing,  house  drainage  and  plumbing  ventila- 
tion, and  if  satisfied  of  the  competency  of  such  applicant,  shall 
thereupon  issue  a  certificate  to  such  applicant  authorizing  him  to 
work  at  the  business  of  plumbing,  and  to  place  and  install  plumb- 
ing fixtures,  and  it  shall  be  unlawful  for  any  person  to  work 
in  the  capacity  of  a  journeyman  plumber  or  to  install  plumb- 
ing fixtures  or  material  unless  he  shall  have  first  obtained  a 
certificate  of  competency.  The  board  shall  keep  and  preserve 
the  record  of  all  persons  examined  by  them  and  to  whom  a  certifi- 
cate of  qualification  has  been  issued.  All  certificates  of  qualifica- 
tion issued  under  the  provisions  of  this  act  must  be  renewed  by 
the  holders  thereof  every  five  years  and  said  holders  of  a  certifi- 
cate must  be  actually  engaged  in  the  business  of  plumbing  at  the 
time  of  making  application  for  renewal  of  certificate,  but  upon 
renewal  no  examination  shall  be  required.  For  each  certificate 
or  renewal  of  a  certificate  the  board  shall  collect  five  dollars  to 
be  paid  into  the  treasury  of  the  city  in  which  said  board  acts. 

6.  Code  of  rules — duty  and  powers  of  board.  The  board  con- 
stituted as  above  set  forth  shall  be  further  charged  with  the  duty 
and  vested  with  the  power  to  formulate  a  code  of  rules  regulating 
the  work  of  plumbing  and  drainage  in  the  city  for  which  the 
board  is  appointed  and  serves;  said  regulations  to  include  the 
materials  and  workmanship  and  manner  of  executing  the  work 
connected  with  plumbing  and  drainage.  The  board  may,  from 
time  to  time,  add  to,  amend  or  alter  such  rules,  after  the  board 
as  aforesaid  has  prepared  its  code  of  rules,  or  any  amendment  or 
alteration  thereof.  The  same  shall  be  communicated  to  the  Gen- 
eral Council  or  Board  of  Trustees  of  the  city  in  which  the  said 
board  is  appointed  and  acts,  and  within  ninety  days  after  the 
same  has  been  submitted  to  said  General  Council  or  Board  of 
Trustees  that  body  shall,  by  proper  action,  either  accept  said 


3037f CITIES  OF  THE  FIRST  CLASS. 1033 

rules  and  regulations  and  incorporate  them  as  part  of  the  munici- 
pal laws,  or  by  proper  resolution  expressly  reject,  as  a  whole  or 
in  part,  the  recommendations  as  made  by  the  board.  In  the  event 
the  General  Council  or  Board  of  Trustees  rejects  the  code  of  rules 
or  any  part  thereof  as  reported  by  the  Board  of  Plumbing  Exam- 
iners as  herein  provided,  then  the  General  Council  or  Board  of 
Trustees  of  the  city  must  adopt  other  rules  and  regulations  pre- 
scribing the  material,  construction  and  repairs  and  installation 
of  all  plumbing,  sewerage  and  drainage  placed  in  or  in  connection 
with  any  building  in  said  city  or  town. 

7.  Materials — kind  that  may  be  used.  The  use  of  all  unsafe 
and  defective  material  in  the  work  of  plumbing  and  drainage  is 
prohibited,  and  only  the  best  known  methods  of  installing  all  ma- 
terials and  fixtures,  including  supply  pipes,  waste,  ventilation, 
soil  pipe  and  sewerage  shall  be  employed.  It  shall  be  unlawful" to 
use  in  the  work  aforesaid  extra  light  lead  pipes,  bends  and  traps, 
and  all  combination  lead  and  iron  or  combination  lead  and  brass 
ferrules,  bends  or  traps ;  but  there  shall  be  employed  only  the  best 
known  methods  of  joining  lead  or  iron  pipes  by  the  use  of  heavy 
cast  brass  ferrules  properly  wiped  with  solder  to  lead. 

8.  Chief  and  deputy  inspectors — appointment  of — salaries — 
duties  of.  In  all  cities  of  the  first  class  there  shall  be  appointed 
by  the  Mayor  of  the  same,  one  chief  plumbing  inspector  and  such 
number  of  deputy  inspectors  as  the  General  Council  or  Board  of 
Trustees  of  said  city  may  designate,  said  city  plumbing  inspector 
and  deputy  inspector  shall  be  appointed  by  the  Mayor,  and  ap- 
proved by  the  General  Council  or  Board  of  Trustees  of  said  city 
within  ninety  days  after  the  passage  of  this  law  for  the  term  of 
one  year  from  the  first  of  May  of  the  year  of  appointment,  and 
thereafter  annually  before  the  first  of  May,  and  shall  be  paid 
from  the  treasury  of  said  city  at  such  salary  as  the  authorities 
may  designate.  The  duty  of  such  officers  shall  be  to  inspect  all 
plumbing  and  drainage  done  in  their  respective  cities,  and  to' 
enforce  the  provisions  of  this  act  and  secure  the  proper  perform- 
nace  of  such  work.  The  chief  inspector  shall  preside  at  all  meet- 
ings of  the  examining  board  and  shall  take  part  in  the  proceed- 
ings whenever  said  board  may  have  under  consideration  the  for- 
mation and  submission  of  rules  and  regulations  governing  the 
work  of  plumbing  and  drainage  to  be  submitted  to  the  General 
Council  or  Board  of  Trustees.    Said  inspector  shall  also  have  the 


1034  AN  ACT  FOR  THE  GOVERNMENT  OF  3037f 

deciding  voice  and  vote  in  all  matters  connected  with  the  exami- 
nation of  applicants  and  granting  of  certificates  whenever  the 
remaining  members  of  said  board  are  unable  to  agree.  No  per- 
sons shall  be  eligible  to  the  office  of  plumbing  inspector  unless  he 
have  at  least  ten  years'  practical  experience  in  the  business  of 
plumbing,  and  he  shall  not  be  connected  in  any  way  with  any 
firm  or  incorporation  directly  or  indirectly  engaged  in  the  busi- 
ness of  plumbing,  and  shall  be  a  citizen  and  actual  resident  of  the 
city  in  which  he  resides. 

9.  Public  and  private  plumbing  to  be  done  in  accordance  with 
act.  The  plumbing  and  drainage  of  all  buildings,  both  public 
and  private,  shall  be  executed  in  accordance  with  the  provisions 
of  this  act  and  the  rules  and  regulations  adopted  by  the  city  or 
board  as  herein  provided;  and  all  repairs  and  alterations  in 
plumbing  and  drainage  of  all  buildings  shall  be  executed  in  ac- 
cordance with  said  law,  rules  and  regulations. 

10.  Supei-vision  by  Board  of  Health — report  to.  The  plumb- 
ing department  of  every  city  of  the  first  class  in  this  State,  con- 
sisting of  the  examining  board,  the  chief  inspector  and  his  depu- 
ties shall  be  under  the  supervision  of  the  Board  of  Health  of  said 
city,  and  the  chief  inspector  shall  make  a  complete  report  of  this 
department  to  said  Board  of  Health  at  the  end  of  each  year. 

11.  Plumbing — term  defined.  By  the  term  of  plumbing  as  in 
this  act  used  is  included  all  work  of  every  character  connected 
with  the  installation  or  repair  of  any  plumbing  fixture  or  mate- 
rial connected  with  the  drainage  of  buildings  or  property;  like- 
wise all  work  requiring  connection  with  street  sewers  or  water 
mains  or  with  plumbing  ventilation. 

12.  Penalty  for  violations.  Any  person,  fimi  or  coiT)oration 
violating  any  of  the  provisions  of  this  act,  or  any  rule  or  regula- 
tion established  or  prescribed  under  the  authority  herein  desig- 
nated, shall  be  guilty  of  a  misdemeanor,  and  on  conviction  shall 
be  fined  not  less  than  five  dollars  ($5)  or  more  than  fifty  dollars 
($50)  for  each  and  every  violation  thereof;  and  in  addition  the 
certificate  of  all  persons  involved  in  such  violation  may  be  re- 
voked by  the  board  as  hereinbefore  provided. 

13.  Repealing  clause.  All  acts  and  parts  of  acts  inconsistent 
with  the  provisions  herein  contained  are  declared  to  be  repealed. 

14.  Scope  of  act.  The  operations  of  this  act  shall  apply  only 
to  cities  of  the  first  class. 


3037g CITIES  OF  THE  FIRST  CLASS. 1035 

15.  Scope  of  act.  Nothing  in  this  act  shall  be  construed  as 
involving  or  affecting  any  plumbing  now  installed.  (Act  of  March 
17,  1914.) 

SUBDIVISION  XXXV. 

Tenement  House  Law. 

ARTICLE   I. 

General  Provisions. 

§  3037g.  1.  Short  title.  This  act  shall  be  known  as  the 
"Tenement  House  Act." 

§  2.  Definitions.  Certain  words  and  terms  in  this  act  are 
defined  for  the  purposes  thereof  as  follows : 

1.  Words  used  in  the  present  tense  include  the  future;  words 
in  the  masculine  gender  include  the  feminine  and  neuter;  the 
singular  number  includes  the  plural,  and  the  plural  the  singular; 
the  word  "person"  includes  a  corporation  as  well  as  a  natural 
person. 

2.  A  "tenement  house"  is  any  house  or  building,  or  portion 
thereof,  in  a  city  of  the  first  class,  which  is  rented,  leased,  let  or 
hired  out,  to  be  occupied,  or  is  occupied  or  is  intended,  arranged 
or  designed  to  be  occupied  as  the  home  or  residence  of  three 
families  or  more,  living  independently  of  each  other,  and  doing 
their  cooking  upon  the  premises,  and  having  a  common  right  in 
the  halls,  stairways,  yard,  cellar,  water  closets  or  privies,  or 
some  of  them,  and  includes  apartment  houses  and  flat  houses  in 
cities  of  the  first  class. 

3.  A  "yard"  is  an  open,  unoccupied  space  on  the  same  lot  with 
a  tenement  house,  between  the  extreme  rear  enclosing  wall  of 
the  house  and  the  extreme  rear  line  of  the  lot.  >» 

4.  A  "court"  is  an  open,  unoccupied  space,  other  than  a  yard, 
on  the  same  lot  with  a  tenement  house.  A  court,  not  extending 
to  a  street,  alley  or  yard,  is  an  inner  court.    A  court  extending  to 


§    3037g.      See    Weissinger-Gaulbert  In    Mullins    v.    Nordlow,     170    Ky. 

Realty   Co.   v.   Tilford,   etc.,   Jefferson  169;    185   S.   W.    825;    sec.  '63   of   this 

Circuit    Court,    No.    65225,    construing  act   is   construed;    and   the   court   also 

and  upholding  the   Act   of   1|910.     See  holds  that  the  violation  of  a  city  or- 

also    on   the   general    subject    the    nu-  dinance    may    be    made    the    basis    of 

merous    authorities     cited    in     Judge  an  action  of  negligence. 
Gordon's  oi)inion  in  that  case. 


1036  AN  ACT  FOR  THE  GOVERNMENT  OF  3037g 

a  street  only,  is  a  street  court.  A  court  extending  to  a  yard  or 
alley  only,  is  a  yard  court.  A  court  extending  through  from 
street  to  yard  or  alley,  is  a  through  court. 

5.  A  "shaft"  includes  exterior  and  interior  shafts,  whether 
for  air,  light,  elevator,  dumbwaiter,  or  any  other  purpose. 

6.  A  "public  hall"  is  a  hall,  corridor  or  passageway  not  within 
an  apartment. 

7.  A  "stair  hall"  includes  the  stairs,  stair  landing  and  those 
portions  of  the  public  halls  through  which  it  is  necessary  to  pass 
in  going  between  the  entrance  floor  and  the  roof. 

8.  A  "basement"  is  a  story  partly,  but  not  more  than  one-half, 
below  the  level  of  the  curb,  and  a  "cellar"  is  a  story  more  than 
one-half  below  the  level  of  the  curb. 

9.  An  "apartment"  'is  a  room  or  suite  of  two  or  more  rooms 
used  or  intended  to  be  used  as  the  home  of  one  family  or  house- 
hold of  two  or  more  persons. 

10.  By  a  "corner  lot,"  as  used  in  this  act,  is  meant  a  lot  abut- 
ting on  two  intersecting  streets,  or  a  street  and  an  intersecting 
highway  or  public  alley  not  less  than  twenty  feet  wide  measured 
between  the  property  lines. 

11.  The  word  "nuisance,"  in  this  act,  shall  be  held  to  embrace 
a  public  nuisance,  as  known  at  common  law  or  in  equity  jurispru- 
dence ;  and  it  is  hereby  further  enacted  that  whatever  is  danger- 
ous to  human  life  or  detrimental  to  health  in,  under,  over,  around 
or  about,  a  tenement  house;  whatever  tenement  house,  or  part 
thereof,  is  overcrowded  with  occupants,  or  is  not  provided  with 
adequate  ingress  and  egress  to  and  from  the  same,  or  the  apart- 
ments thereof;  whatever  tenement  house,  or  part  thereof,  is  not 
sufficiently  supported,  ventilated,  sewered,  drained,  cleaned  or 
lighted,  in  reference  to  the  intended  or  actual  use ;  and  whatever 
renders  the  air  or  human  food  or  drink  therein  unwholesome,  are 
also  severally,  in  contemplation  of  this  act,  nuisances;  and  all 
such  nuisances  are  hereby  declared  illegal. 

12.  The  word  "shall"  is  always  mandatory,  and  not  directory, 
and  denotes  that  the  house  shall  be  made  and  maintained,  in  all 
respects,  according  to  this  act,  as  long  as  it  continues  to  be  a 
tenement  house. 

13.  Wherever  the  words  "charter,"  "ordinance,"  regulations," 
"department  of  buildings,"  "building  department,"  "health  de- 
partment," "department  of  health,"  "department,  charged  with 


3037g    CITIES  OF  THE  FIRST  CLASS. 1037 

the  enforcement  of  the  act,"  "city  attorney,"  "corporation  coun- 
sel," "city  treasury,"  or  "fire  Hmits,"  occur  in  this  act,  they  shall 
be  construed  as  if  followed  by  the  words  "'of  the  city  of  the  first 
class  in  which  the  tenement  house  is  situated."  Wherever  the 
words  "is  occupied"  are  used  in  this  act,  applying  to  a  building, 
such  words  shall  be  construed  as  if  followed  by  the  words  "or  is 
intended,  arranged  or  designated  to  be  occupied." 

14.  "The  height"  of  a  tenement  house  is  the  perpendicular  dis- 
tance, measured  in  a  straight  line  from  the  curb  level  to  the  high- 
est point  of  the  roof  beams,  the  measurements  in  all  cases  to  be 
taken  through  the  center  of  the  facade  of  the  house.  Where, 
however,  the  curb  level  is  lower  or  higher  than  the  level  of  the 
grade  or  ground  immediately  about  the  walls  of  a  tenement 
house,  the  measurements  prescribed  by  this  act  shall  be  taken 
from  said  grade  or  ground,  instead  of  from  the  curb  level.  Where 
a  street  adjacent  to  or  ground  immediately  surrounding  a  tene- 
ment house  varies,  the  mean  average  grade  of  such  street  or 
ground  shall  be  regarded  as  the  grade  or  level  within  the  mean- 
ing of  this  act.  Where  a  building  is  on  a  corner  lot  and  there  is 
more  than  one  grade  or  level,  the  measurements  shall  be  taken 
through  the  center  of  the  facade  on  the  street  having  the  greatest 
grade. 

15.  "Supplementary  windows"  are  windows  added  in  addition 
to  those  required  by  the  provisions  of  this  act,  and  which  need 
not,  therefore,  comply  therewith. 

16.  The  words  "business  purposes"  as  used  in  this  act  shall  in- 
clude all  purposes  other  than  living  purposes. 

17.  An  "alcove"  is  a  recess  connected  with  or  at  the  side  of  a 
larger  room.  The  floor  of  such  alcove  shall  be  counted  as  a  part 
of  the  floor  area,  and  its  cubic  contents  as  a  part  of  the  cubic  con- 
tents of  the  room  with  which  it  is  connected. 

18.  Where  a  building  is  erected  or  is  to  be  erected  on  a  corner 
lot,  the  owner  may  designate  what  he  intends  to  regard  as  the 
rear  of  such  house  or  lot,  and  shall  treat  the  building  and  lot  for 
all  purposes  mentioned  herein  accordingly. 

19.  An  "air  intake"  is  a  passageway  connecting  an  inner  court 
with  a  street,  alley,  yard  or  court. 

20.  A  "habitable  room"  as  used  in  this  act  is  a  room  which  can 
be  used  for  sleeping  or  living  purposes,  and  does  not  include  such 
entry  halls,   closets,   pantries,   kitchens,   kitchenettes,   or   store 


1038 AN  ACT  FOR  THE  GOVERNMENT  OF 3037g 

rooms  which  by  reason  of  their  size  or  arrangement  can  not  be 
used  for  sleeping  or  living  rooms  for  any  considerable  period  of 
the  day  or  night. 

§  3.  Buildings  converted  or  altered.  A  building,  not  erected 
for  use  as  a  tenement  house,  if  hereafter  converted  or  altered 
for  such  use,  shall  thereupon  become  subject  to  all  the  provisions 
of  this  act  affecting  tenement  houses  hereafter  erected;  except 
that  the  provisions  of  this  act  as  to  the  minimum  dimensions  of 
courts  and  yards  may  be  modified  where  old  residences  are  so 
converted  or  altered ;  but  such  buildings  shall  not  be  occupied  as 
tenement  houses  without  a  special  permit  granted  by  both  the 
Building  and  the  Health  Departments. 

§  4.  Alterations  and  change  in  occupancy.  No  tenement 
house  hereafter  erected  shall,  at  any  time,  be  altered  so  as  to  be 
in  violation  of  any  provision  of  this  act.  And  no  tenement  house 
erected  prior  to  the  passage  of  this  act  shall,  at  any  time,  be 
altered  so  as  to  be  in  violation  of  those  provisions  of  this  act  ap- 
plicable to  such  tenement  house.  If  any  tenement  house,  or  part 
thereof,  is  occupied  by  more  families  than  provided  in  this  act, 
or  is  erected,  altered  or  occupied  contrary  to  law,  such  tene- 
ment house  shall  be  deemed  an  unlawful  structure,  and  the  health 
department  may  cause  such  building  to  be  vacated.  And  such 
building  shall  not  again  be  occupied  until  it  or  its  occupation,  as 
the  case  may  be,  has  been  made  to  conform  to  the  law. 

§  5.  Law  not  to  be  modified.  No  ordinance,  regulation  or 
ruling  of  any  municipal  body  or  authority  shall  repeal,  amend, 
modify,  or  dispense  with  any  provision  of  this  act:  Provided, 
however,  that  nothing  contained  in  this  section  or  in  this  act 
shall  impair  the  right  of  any  city  of  the  first  class  to  pass  and 
enforce  any  ordinance  regulating  the  subjects  of  buildings,  sani- 
tation, fire  protection  or  inspection,  provided  such  ordinance  is 
not  inconsistent  with  any  of  the  provisions  of  this  act. 

§  6.  Time  of  compliance.  All  improvements,  specifically  re- 
quired by  this  act  in  or  upon  tenement  houses  erected  prior  to 
the  date  of  its  passage,  shall  be  made  before  August  1,  1912. 

ARTICLE    II. 

Light  and  Ventilation. 

§  7.  Percentage  of  lot  to  be  left  vacant.  Of  the  area  of  any 
interior  lot  on  which  a  tenement  house  is  hereafter  erected,  there 


3037g CITIES  OF  THE  FIRST  CLASS. 1039 

shall  remain  unoccupied  and  open  to  its  full  extent  in  all  direc- 
tions to  the  sky  at  least  thirty  per  cent.  If  the  front  line  of  the 
house  is  set  back  from  the  street,  the  lot  area  thus  left  vacant 
shall  not  be  counted  as  a  part  of  the  thirty  per  cent  herein  pro- 
vided to  be  left  vacant.  Of  the  area  of  any  corner  lot,  the  streets 
adjacent  to  which  are  twenty  or  more  feet  wide,  on  which  a  tene- 
ment house  is  hereafter  erected,  there  shall  remain  unoccupied 
at  least  twenty  per  cent.  If  a  public  alley  ten  feet  or  more  in 
width,  measured  between  the  property  lines,  lie  along  a  third 
side,  the  area  of  so  much  of  said  alley  as  lies  along  the  width  of 
said  lot,  may  be  counted  as  making  up  a  part  of  the  said  twenty 
per  cent  to  be  left  vacant.  Communication  between  said  vacant 
space  shall  be  established  and  maintained  with  the  alley  or  with 
the  street,  as  elsewhere  provided  in  this  act.  Where  there  is  a 
store  in  the  first  story  and  that  story  is  intended  to  be  or  is, 
occupied  for  business  purposes  only  of  a  kind  not  prohibited  by 
this  act,  said  vacant  space  may  be  considered  to  start  from  the 
second  story  beams,  provided  that  the  roof  of  said  store  or  busi- 
ness portion  of  the  first  story  is  properly  drained  and  finished 
with  concrete  or  other  roofing  which  can  be  easily  kept  clean, 
and  is  accessible  to  the  occupants  of  the  upper  stories  of  the 
building  and  has  free  communication  with  the  alley  or  street  as 
herein  elsewhere  provided  for  spaces  left  vacant  at  the  ground. 
§  8.  Yards.  Where  there  is  a  yard  behind  a  tenement  house, 
the  depth  of  said  yard,  measured  from  the  extreme  rear  wall  of 
the  house  to  the  rear  line  of  the  lot,  shall  be  proportionate  to  the 
height  of  the  building.  In  the  case  of  tenement  houses  hereafter 
erected  which  are  three  stories  in  height  inclusive  of  basement, 
but  exclusive  of  cellar,  the  yard  shall  not  be  less  than  fifteen  feet 
in  depth  in  every  part.  Said  yard  shall  be  increased  one  foot  for 
every  additional  story  or  fraction  thereof;  and  may  be  decreased 
in  depth  one  foot  for  every  story  less  than  three  stories  in  height ; 
but  it  shall  never  be  less  than  twelve  feet  in  any  part,  except  that 
where  there  is  a  public  alley  at  the  rear  of  the  lot,  the  width  of 
said  yard  may  be  decreased  by  the  width  of  said  alley  measured 
between  the  property  lines ;  and  except  that  where  there  is  a  store 
on  the  first  story,  and  that  store  is,  or  is  intended  to  be,  occupied 
for  business  purposes  only,  of  a  kind  not  prohibited  by  this  act, 
said  yard  may  be  considered  to  start  at  the  level  of  the  second 
story  beams,  provided  that  the  roof  of  said  store  is  properly 


1040  AN  ACT  FOR  THE  GOVERNMENT  OF  3037g 

drained  and  finished  with  granitoid  or  some  other  roofing  sus- 
ceptible of  being  cleaned  and  swept  and  made  accessible  to  a 
janitor.  But  where  there  are  no  windows,  other  than  water 
closet,  bathroom,  or  supplementary  windows  opening  upon  a 
yard,  such  yard  may  have  six  feet  as  its  minimum  width,  which 
shall  be  increased  one  foot  for  every  additional  story  above  three 
stories  and  a  basement  in  height  that  such  house  is  increased. 
Where  there  are  no  windows  in  the  rear  of  a  tenement  house,  no 
yard  shall  be  required. 

§  9.  Courts.  In  case  of  any  tenement  house  hereafter 
erected,  the  sizes  of  courts  upon  which  windows  required  by  this 
act  shall  open  shall  be  as  follows :  The  width  of  all  inner  courts 
whose  walls  are  not  more  than  three  stories  in  height,  inclusive 
of  basement,  but  exclusive  of  cellar,  shall  never  be  less  than  ten 
feet  in  any  part,  and  the  area  shall  never  be  less  than  two  hun- 
dred square  feet  and  for  every  additional  story,  said  width  shall 
be  increased  at  least  one  foot  and  said  area  shall  be  increased  at 
least  twenty  square  feet.  The  width  of  all  through,  yard  and 
street  courts  shall  never  be  less  than  the  minimum  prescribed 
for  inner  courts ;  except  that  a  yard  or  street  court  which  is  less 
than  ten  feet  in  depth  may  have  a  width  of  less  than  ten  feet, 
provided  that  such  width  is  never  less  than  one-half  the  depth  of 
said  court.  Where,  however,  an  adjoining  owner  agrees  of  record 
to  leave  open  and  unoccupied  a  given  space  on  his  property  im- 
mediately adjoining  such  court,  and  to  treat  such  open  space  in 
all  respects  required  by  this  act  as  a  court  and  as  a  part  of  either 
lot,  such  space  so  left  vacant  and  open  may  be  included  in  deter- 
mining the  size  of  any  court  of  which  it  thereby  becomes  a  part. 
Where  any  court  extends  for  its  full  length  parallel  with,  and 
adjoining  a  public  alley  or  street,  the  owner  of  such  court  may 
treat  the  width  of  such  alley  or  street  as  a  part  of  the  width  of 
such  court  as  prescribed  by  this  section.  But  where  no  windows, 
other  than  water  closet,  bathroom  or  supplementary  windows 
open  upon  a  through,  yard  or  street  court,  the  minimum  width 
of  such  court  may  be  four  feet.  But  no  court  shall  be  required 
on  that  side  of  a  tenement  house  on  which  no  windows  are  situ- 
ated. 

§  10.  Courts  open  at  top.  No  court  of  a  tenement  house  here- 
after erected  shall  be  covered  by  a  roof  or  skylight,  but  every 
such  court  shall  be  at  every  point  open  from  the  ground  to  the  sky 


3037g CITIES  OF  THE  FIRST  CLASS. 1041 

unobstructed,  except  that  where  there  is  a  store  on  the  first  story, 
and  that  story  is,  or  is  intended  to  be,  occupied  for  business  pur- 
poses, of  a  kind  not  prohibited  by  this  act,  such  court  may  start 
at  the  level  of  the  second  story  beams ;  provided  that  the  roof  of 
said  store  is  properly  drained  and  finished  with  granitoid  or  other 
roofing  susceptible  of  being  cleaned  and  swept,  and  made  accessi- 
ble to  a  janitor. 

§  11.  Air  intakes.  Every  inner  court  shall  be  provided  with 
one  or  more  horizontal  air  intakes  at  the  bottom.  Each  such  air 
intake  shall  always  communicate  directly  with  the  street,  yard 
or  alley,  and  shall  consist  of  a  fireproof  passageway  not  less  than 
thirty-five  feet  in  area  of  cross-section,  which  shall  be  left  open 
and  unobstructed,  except  that  it  may  be  closed  by  grills  which 
shall  not  diminish  its  area  more  than  ten  per  cent.  A  communica- 
tion with  a  street,  yard  or  alley  by  means  of  a  court  of  the 
dimensions  prescribed  by  this  act  shall  be  deemed  a  sufficient 
compliance  with  this  section. 

§  12.  Angles  in  courts.  Nothing  contained  in  the  foregoing 
sections  concerning  courts  shall  be  construed  as  preventing  win- 
dows at  the  angles  of  said  courts,  provided  that  the  running 
length  of  the  wall  containing  such  windows  does  not  exceed  six 
feet. 

§  13.  Tenements  in  alleys.  No  separate  tenement  house  shall 
be  erected  upon  any  private  alley.  No  separate  tenement  house 
shall  be  erected  upon  any  public  alley  where  there  is  not  left  an 
open  space  of  at  least  twenty-five  feet  in  width  between  the  tene- 
ment house  and  the  opposite  property  line. 

§  14.  Buildings  on  same  lot  with  tenement  houses.  If  any 
building  is  hereafter  placed  on  the  same  lot  with  a  tenement 
house,  there  shall  always  be  maintained  between  the  said  building 
an  open,  unobstructed  space  extending  upwards  from  the  ground 
and  extending  across  the  entire  width  of  the  lot.  Where  either 
building  is  fifty  feet  in  height,  such  open  space  shall  be  twenty- 
four  feet  from  wall  to  wall ;  and  for  every  twelve  feet  of  increase, 
or  fraction  thereof,  in  the  height  of  such  building,  such  open 
space  shall  be  increased  two  feet  in  depth  throughout  the  entire 
width,  and  for  every  twelve  feet  of  decrease  in  the  height  of  such 
building  below  fifty  feet,  the  depth  of  such  open  space  may  be  de- 
creased two  feet.  And  no  building  of  any  kind  shall  be  hereafter 
placed  upon  the  same  lot  with  a  tenement  house  so  as  to  decrease 


1042  AN  ACT  FOR  THE  GOVERNMENT  OF  3037g 

the  minimum  size  of  courts  or  yards  as  hereinbefore  prescribed. 
And  if  any  tenement  house  is  hereafter  erected  upon  any  lot  upon 
which  there  is  already  another  building,  it  shall  comply  with  all 
of  the  provisions  of  this  act,  and  in  addition,  the  space  between 
the  said  building  and  the  said  tenement  house  shall  be  of  such 
size  and  arranged  in  such  manner  as  is  prescribed  in  this  section, 
the  height  of  the  highest  building  on  the  lot  to  regulate  the  dimen- 
sions. 

§  15.  Rooms  lighting  of  and  ventilation  of.  In  every  tene- 
ment house  hereafter  erected,  every  room,  including  water  closet 
compartments  and  bathrooms,  shall  have  at  least  one  window 
opening  directly  upon  the  street,  or  upon  a  yard  or  court  of  the 
dimensions  specified  in  this  act;  and  such  window  or  windows 
shall  be  so  located  as  to  properly  light  all  portions  of  such  room, 
except  as  otherwise  provided  in  Section  29  of  this  act. 

§  16.  Windows  in  rooms.  In  every  tenement  house  hereafter 
erected,  the  total  window  area  in  each  room,  including  water 
closet  compartments  and  bathrooms,  shall  be  at  least  one-tenth 
of  the  superficial  floor  area  of  the  room,  and  the  top  of  at  least 
one  window  shall  be  not  less  than  seven  feet  six  inches  above  the 
floor,  and  the  upper  half  of  it  shall  be  made  so  as  to  open  the 
full  width.  No  such  window  shall  be  less  than  twelve  square  feet 
in  area  between  the  stop  beads. 

§  17.  Rooms,  size  of.  In  every  tenement  house  hereafter 
erected  all  habitable  rooms  shall  be  of  the  following  minimum 
sizes :  In  each  apartment  there  shall  be  at  least  one  room  con- 
taining not  less  than  one  hundred  and  fifty  square  feet  of  floor 
area,  and  each  other  room  shall  contain  at  least  eighty-four 
square  feet  of  floor  area.  Each  room  shall  be  in  every  part  not 
less  than  nine  feet  high  from  the  finished  floor  to  the  finished 
ceiling :  Provided,  however,  that  an  attic  room,  if  habitable,  need 
be  nine  feet  in  but  one-half  of  its  area,  provided  there  are  not 
less  than  seven  hundred  and  fifty  cubic  feet  of  air  space  therein. 

§  18.  Alcoves  and  alcove  rooms.  In  a  tenement  house  here- 
after erected,  an  alcove  in  any  room  shall  be  separately  lighted 
and  ventilated,  as  provided  for  rooms  in  the  foregoing  sections, 
and  shall  not  be  less  than  eighty  square  feet  in  floor  area ;  except 
an  alcove  that  has  a  floor  area  of  not  to  exceed  thirty-five  square 
feet,  and  that  has  an  unobstructed  opening  equal  in  area  to 
twenty  per  cent  of  its  entire  wall  surface  into  an  adjoining  room; 


3037g CITIES  OF  THE  FIRST  CLASS. 1043 

provided,  that  in  constructing  additional  habitable  rooms  by 
raising  or  altering  existing  one  story  dwellings,  the  limitation  of 
the  floor  area  of  an  alcove  may  be  disregarded,  provided  that  such 
alcove  has  an  unobstructed  opening  equal  to  the  floor  area  of 
such  alcove,  into  an  adjoining  habitable  room.  This  section  shall 
not  be  construed  as  forbidding  the  erection  of  portieres  or  other 
decorative  effects  projecting,  not  more  than  eighteen  inches  from 
the  plane  wall  of  a  habitable  room.  No  part  of  any  room  in  a 
tenement  house  hereafter  erected  shall  be  enclosed  or  subdivided 
at  any  time,  wholly  or  in  part,  by  a  curtain,  portiere,  fixed  or 
movable  partition  or  other  contrivance  or  device,  unless  such  part 
of  the  room,  so  inclosed  or  subdivided,  shall  contain  a  separate 
window  as  herein  required,  and  shall  have  a  floor  area  of  not  less 
than  eighty  square  feet,  except  as  heretofore  provided  in  this 
section.' 

§  19.  Chimneys  and  fireplaces.  In  every  tenement  house 
hereafter  erected,  there  shall  be  adequate  chimneys  running 
through  every  floor  with  an  open  fireplace  or  grate,  or  place  for 
a  stove,  for  every  apartment,  properly  connected  with  one  of  said 
chimneys,  wherever  cooking  is  done,  or  is  to  be  done,  by  coal, 
gas,  wood,  or  other  fuel,  except  electricity,  in  said  apartment. 

§  20.  Privacy.  In  every  tenement  house  hereafter  erected, 
in  each  apartment  of  three  or  more  rooms,  access  to  every  living 
room  and  bedroom,  and  to  at  least  one  water  closet  compartment, 
shall  be  had  without  passing  through  any  bedroom. 

§  21.  Public  halls.  In  every  tenement  house  hereafter 
erected,  every  public  hall  shall  have,  at  each  story,  at  least  one 
window  opening  directly  upon  the  street  or  alley,  or  upon  a  yard 
or  court  whose  opposite  wall  or  boundary  is  not  less  than  ten 
feet  from  said  window.  Such  window  shall  be  so  placed  at  the 
end  of  the  hall,  that  light  may  pass  directly  to  the  opposite  end  of 
the  hall,  or  else  there  shall  be  at  the  side  of  the  hall  at  least  one 
such  window  in  every  twenty  feet  in  length,  or  fraction  thereof 
of  such  hall,  except  in  so  much  of  any  public  entrance  hall  as  lies 
between  the  entrance  to  the  building  and  the  flight  of  stairs  near- 
est the  entrance,  provided  the  entrance  door  contains  not  less 
than  five  square  feet  of  glazed  surface.  Any  part  of  a  public  hall 
which  is  shut  off  from  any  other  part  by  a  door  or  doors  shall  be 
deemed  a  separate  hall  within  the  meaning  of  this  section.  But 
where  there  is  a  system  of  artificial  lighting  and  ventilation, 


1044  AN  ACT  FOR  THE  GOVERNMENT  OF  3037g 

which  is  in  the  opinion  of  the  Health  Department  adequate  to 
properly  light  and  ventilate  said  hall,  the  windows  required  in 
this  and  the  two  following  sections  may  be  omitted. 

§  22.  Windows  and  skylights  for  public  halls,  size  of.  One 
at  least  of  the  windows  provided  to  light  each  public  hall  or  part 
thereof  shall  be  at  least  two  feet  six  inches  wide  and  five  feet 
high,  measured  between  stop  beads.  In  every  such  house  there 
shall  be  in  the  roof,  directly  over  each  stair  well,  a  ventilating 
skylight  provided  with  ridge  ventilators  having  a  minimum  open- 
ing of  forty  square  inches,  or  such  skylight  shall  be  provided  with 
fixed  or  movable  louvres. 

§  23.  Windows  for  stair  halls,  size  of.  In  every  tenement 
house  hereafter  erected  there  shall  be  provided  for  each  story 
at  least  one  window  to  light  and  ventilate  each  stair  hall,  which 
window  shall  be  at  least  two  and  a  half  feet  wide  and  five  feet 
high,  measured  between  the  stop  beads.  A  sash  door  shall  be 
deemed  the  equivalent  of  a  window  in  this  and  the  two  foregoing 
sections,  provided  that  such  door  contains  the  amount  of  glazed 
surface  prescribed  for  such  window.  Such  window  or  door  shall 
open  upon  a  street,  yard  or  court  whose  opposite  wall  or  boundary 
is  not  less  than  four  feet  from  said  window  or  door;  or  upon  a 
shaft  of  the  minimum  area  herein  provided,  to-wit:  Where  the 
building  is  three  stories  or  less  in  height  the  area  of  the  shaft 
shall  be  at  least  sixteen  square  feet,  and  for  each  additional  story 
the  area  shall  be  increased  by  four  square  feet. 

ARTICLE    III. 

Sanitation. 

§  24.  Basement  and  cellar  rooms.  In  tenement  houses  here- 
after erected  no  room  in  the  cellar  shall  be  constructed,  altered, 
converted  or  occupied  for  living  purposes;  and  no  room  in  the 
basement  shall  be  constructed,  altered,  converted  or  occupied  for 
living  purposes,  unless  all  of  the  following  conditions  are  com- 
plied with: 

1.  Such  room  shall  be  at  least  nine  feet  high  in  every  part  from 
the  floor  to  the  ceiling. 

2.  The  ceiling  of  such  room  shall  be,  in  every  part,  at  least  four 
feet  and  six  inches  above  the  curb  level  of  the  street  in  front  of 
such  room,  when  such  room  or  the  apartment  containing  it,  is 


3037g CITIES  OF  THE  FIRST  CLASS. 1045 

located  in  the  front  part  of  the  building.  When,  however,  such 
room,  or  the  apartment  containing  it,  is  located  in  the  rear  of  the 
building,  the  yard  across  the  entire  width  of  the  building  shall 
be  excavated  so  as  to  extend  to  a  point  below  the  floor  level  for  a 
distance  of  at  least  three  feet  from  the  rear  wall  of  the  building. 
All  courts  upon  which  such  room  or  apartment  opens  shall  be  ex- 
cavated so  as  to  extend  to  a  point  below  the  floor  level  of  such 
room  or  apartment.  Every  such  room  shall  be  an  integral  part  of 
an  apartment  containing  a  room  having  a  window  opening  di- 
rectly to  the  street  or  yard. 

3.  There  shall  be  appurtenant  to  such  room  a  separate  water 
closet,  constructed  and  arranged  as  required  by  Section  29  of 
this  act. 

4.  Such  room  shall  have  a  window  or  windows  opening  upon 
the  street,  or  upon  a  yard  or  court.  The  total  area  of  windows  in 
such  room  shall  be  at  least  one-eighth  of  the  superficial  area  of 
the  room,  and  the  upper  half  of  the  window  shall  be  made  to  open 
the  full  width.  No  such  window  shall  be  less  than  twelve  square 
feet  in  area  between  the  stop  beads. 

5.  All  walls  surrounding  such  room  shall  be  damp-proof. 

6.  The  floor  of  such  room  shall  be  damp-proof  and  water-proof. 
§  26.     Cellars,  damp-proofing  and  lighting.    In  every  tenement 

house  hereafter  erected,  adequate  precautions  shall  be  taken  to 
prevent  dampness  in  all  cellars  and  basements  by  the  use  of  ce- 
ment floors  throughout,  and  further  by  the  damp-proofing  of  the 
walls  and  floors  throughout  whenever  the  nature  of  the  soil  is 
such  as  to  make  such  damp-proofing  necessary.  All  cellars  and 
basements  in  such  tenement  houses  shall  be  properly  lighted  and 
ventilated  in  all  their  parts. 

§  27.  Shafts,  courts,  areafe  and  yards.  In  every  tenement 
house  hereafter  erected,  the  bottom  of  all  shafts,  courts,  areas 
and  yards  which  extend  to  the  basement  or  cellar  floor  level  shall 
extend  six  inches  below  the  floor  level  of  said  basement  or  cellar. 
In  every  tenement  house  hereafter  erected  all  shafts,  courts, 
areas  and  yards  shall  be  properly  graded  and  drained,  and  all 
shafts,  courts  and  areas  shall  be  paved. 

§  28.  Water  supply.  In  every  tenement  house  hereafter 
erected  there  shall  be  in  each  apartment  a  proper  sink  with  run- 
ning water. 


1046  AN  ACT  FOR  THE  GOVERNMENT  OF  3037g 

§  29.  Water-closet  accommodations.  In  every  tenement 
house  hereafter  erected  there  shall  be  a  separate  water  closet  in 
a  separate  compartment  within  each  apartment,  except  that 
where  there  are  apartments  consisting  of  only  one  or  two  rooms 
there  shall  be  at  least  one  public  water  closet  for  every  two  apart- 
ments. Each  such  water  closet  shall  be  placed  in  a  compartment 
completely  separated  from  every  other  water  closet,  but  a  bath- 
room may  be  in  the  same  compartment  and  such  compartment 
shall  be  not  less  than  three  feet  wide,  and  shall  be  enclosed  with 
plastered  partitions,  which  shall  extend  to  the  ceiling.  Every 
such  compartment  shall  have  a  window  opening  upon  a  street  or 
alley,  or  upon  a  court  at  least  four  feet  wide,  or  upon  a  yard  at 
least  six  feet  wide;  except  that  where  there  is  an  adequate  sys- 
tem of  forced  or  induced  ventilation  said  compartment  may  open 
upon  a  shaft.  When,  however,  such  water  closet  compartment  is 
lighted  and  ventilated  by  a  skylight  over  it,  no  window  shall  be 
necessary,  provided  that  the  roof  of  such  skylight  contains  at 
least  three  square  feet  of  glazed  surface,  and  is  arranged  so  as  to 
open  readily.  Every  water  closet  compartment  hereafter  placed 
in  any  tenement  house  shall  be  provided  with  proper  means  of 
lighting  the  same  at  night.  If  fixtures  for  gas  or  electricity  are 
not  provided  in  said  compartment,  then  the  door  of  said  compart- 
ment shall  be  provided  with  translucent  glass  panels,  or  with  a 
translucent  glass  transom,  not  less  in  area  than  four  square  feet. 
The  floor  of  every  such  water  closet  compartment  shall  be  made 
water-proof  with  asphalt,  tile,  stone  or  some  other  water-proof 
material,  laid  as  smooth  as  possible  and  such  water-proofing  shall 
extend  at  least  six  inches  above  the  floor  except  at  the  door  so 
that  the  said  floor  can  be  washed  or  flushed  out  without  leaking. 
No  drip  trays  shall  be  permitted.  No  water  closet  fixture  shall 
be  enclosed  with  any  woodwork.  Nothing  in  this  section  in  re- 
gard to  the  separation  of  water  closet  compartments  shall  apply 
to  a  general  toilet  room  containing  several  water  closets,  pro- 
vided that  such  water  closets  are  supplementary  to  the  water 
closet  accommodations  required  by  this  act.  Except  as  in  this 
section  otherwise  provided,  such  water  closets  and  all  plumbing 
in  connection  therewith  shall  be  in  accordance  with  the  ordi- 
nances and  regulations  of  the  city  in  relation  to  plumbing  and 
drainage. 


3037g CITIES  OF  THE  FIRST  CLASS. 1047 

§  30.  Sewer  connection.  Except  as  hereinafter  provided,  no 
tenement  house  shall  be  hereafter  erected  on  any  street  unless 
there  is  a  public  sewer  therein  or  a  private  sewer  connection  di- 
rctly  with  a  public  sewer.  Except  as  hereinafter  provided,  no 
cesspool  or  privy  vault  or  similar  means  of  sewerage  disposal 
shall  be  used  in  connection  with  any  such  tenement  house,  but 
every  such  house  shall  have  its  plumbing  system  connected  with 
a  public  sewer  before  such  house  is  occupied.  Provided,  however, 
that  a  tenement  house  may  be  erected  on  a  street  where  no  sewer 
connection  is  possible  upon  a  permit  issued  by  both  the  Building 
and  Health  Departments  if  in  their  opinion  adequate  and  sanitary 
means  of  sewerage  disposal  are  provided  by  the  owner  of  the  lot 
on  which  such  house  is  proposed  to  be  erected. 

§  31,  Plumbing-.  In  every  tenement  house  hereafter  erected 
no  plumbing  fixtures  shall  be  enclosed  with  woodwork.  All 
plumbing  pipes  shall  be  exposed,  when  so  required  by  the  Health 
Department.  In  all  tenement  houses  hereafter  erected,  where 
plumbing  or  other  pipes  pass  through  floors  or  partitions,  the 
openings  around  such  pipes  shall  be  sealed  or  made  air-tight  with 
plaster  or  other  incombustible  materials,  so  as  to  prevent  the 
passage  of  air  or  the  spread  of  fire  from  one  floor  to  another  or 
from  room  to  room. 

ARTICLE    IV. 

Alterations. 

§  32.  Percentage  of  lot  occupied.  No  tenement  house  shall 
hereafter  be  enlarged,  or  its  lot  be  diminished,  so  that  a  greater 
percentage  of  the  lot  shall  be  occupied  by  buildings  or  structures 
than  provided  in  Section  7  of  this  act. 

§  33.  Yards.  No  tenement  house  shal]  hereafter  be  enlarged, 
or  its  lot  be  diminished  so  that  the  yard  shall  be  less  in  depth 
than  the  minimum  depths  prescribed  in  Section  8  of  this  act  for 
tenement  houses  hereafter  erected.  The  measurements  in  all 
cases  shall  be  taken  from  the  extreme  rear  wall  of  the  building 
to  the  rear  lot  line,  and  across  the  full  width  of  the  lot,  and  such 
yard  shall  be  at  every  point  open  from  the  ground  to  the  sky ;  ex- 
cept that,  where  there  is  a  store  on  the  first  story  and  that  story 
is  or  is  intended  to  be  occupied  for  business  purposes  only,  of  a 
kind  not  prohibited  by  this  act,  said  yard  may  be  considered  to 


1048 AN  ACT  FOR  THE  GOVERNMENT  OF 3037g 

start  at  the  level  of  the  second  story  beams ;  provided  that  the 
roof  of  said  store  is  properly  drained  and  finished  with  granitoid, 
or  other  roofing,  susceptible  of  being  cleaned  and  swept  and  made 
accessible  to  a  janitor. 

§  34.  Light  courts  in  existing  biiildinos.  Any  court  used  or 
intended  to  be  used  to  light  or  ventilate  water  closet  compart- 
ments or  rooms,  and  which  may  be  hereafter  placed  in  a  tene- 
ment house  erected  prior  to  the  passage  of  this  act,  shall  not  be 
less  in  area  than  sixty-four  square  feet,  nor  less  than  eight  feet  in 
its  least  dimensions,  in  any  part,  and  such  court  shall,  under  no 
circumstances,  be  roofed  or  covered  over  at  the  top  with  a  roof  or 
skylight.  Every  such  court  shall  be  provided  at  the  bottom  with 
a  horizontal  air  intake  as  provided  in  Section  11  of  this  act. 

§  35.  Additional  rooms  and  halls.  Any  additional  room  or 
hall  that  is  hereafter  constructed  or  created  in  a  tenement  house 
shall  comply,  in  all  respects,  with  the  provisions  of  this  act  re- 
lating to  new  construction,  except  that  such  room  or  hall  may  be 
of  the  same  height  as  the  other  rooms  or  hall  on  the  same  story 
of  the  house. 

§  36.  Rooms,  lighting  and  ventilation  of.  No  tenement  house 
shall  be  so  altered  that  any  room  or  public  hall  or  stairs  shall 
have  its  light  or  ventilation  diminished  in  any  way  not  approved 
by  the  Health  Department. 

§  37.  Alcoves  and  alcove  rooms.  No  part  of  any  room  in  a 
tenement  house  shall  hereafter  be  inclosed  or  subdivided,  wholly 
or  in  part,  by  a  curtain,  portiere,  fixed  or  movable  partition  or 
other  contrivance  or  device,  unless  such  part  of  the  room  so  en- 
closed or  subdivided  shall  contain  a  window  as  required  by  Sec- 
tion 18  of  this  act,  and  have  a  floor  area  of  not  less  than  eighty 
square  feet,  except  as  otherwise  provided  by  Section  18  of  this 
act. 

§  38.  Skylights.  All  new  skylights  hereafter  placed  in  a 
tenement  house  shall  be  provided  with  ridge  ventilators  having  a 
minimum  opening  of  forty  square  inches  and  also  with  either 
fixed  or  movable  louvres  or  with  movable  sashes,  and  shall  be  of 
such  size  as  may  be  determined  to  be  practicable  by  the  Health 
Department. 

§  39.  Water  closet  accommodations.  Every  new  water-closet 
hereafter  placed  in  a  tenement  house,  except  those  provided  to 
replace  a  defective  or  antiquated  fixture  in  the  same  location. 


3037g CITIES  OF  THE  FIRST  CLASS. 1049 

shall  comply  with  the  provisions  of  Section  29  of  this  act  relative 
to  water  closets  in  tenement  houses  hereafter  erected. 

ARTICLE  V. 
Maintenance. 

§  40.  Public  halls,  lighting  of,  in  the  daytime.  In  every  tene- 
ment house  where  the  public  halls  and  stairs  are  not  provided 
with  windows  opening  directly  to  the  street  or  yard,  and  such 
halls  and  stairs  are  not  sufficiently  lighted,  the  owner  of  such 
'house  shall  keep  a  proper  light  burning  in  the  hallway,  near  the 
stairs,  upon  each  floor,  as  may  be  necessary,  from  sunrise  to 
sunset. 

§  41.  Public  halls,  lighting  at  night.  In  every  tenement 
house  a  proper  light  shall  be  kept  burning  by  the  owner  in  the 
public  hallways,  near  the  stairs  upon  the  entrance  floor,  and  upon 
the  second  floor  above  the  entrance  floor  of  said  house,  every 
night  from  sunset  to  sunrise  throughout  the  year,  and  upon  all 
the  other  floors  and  stair  halls  of  said  house  from  sunset  until  ten 
o'clock  in  the  evening. 

§  42.  Water  closet  in  cellars.  No  watei  closet  shall  be  main- 
tained in  the  cellar  of  any  tenement  house  without  a  special  per- 
mit in  writing  from  the  Health  Department. 

§  43.  Water  closet  accommodations.  There  shall  be  provided 
at  least  one  water  closet  for  every  four  families  in  every  tene- 
ment house  existing  prior  to  the  passage  of  this  act. 

§  44.  Basement  and  cellar  rooms.  Hereafter  in  tenement 
houses  erected  prior  to  the  passage  of  this  act,  no  room  in  the 
basement  or  cellar  shall  be  occupied  for  living  purposes  without 
a  written  permit  from  the  Health  Department,  and  such  permit 
shall  be  kept  readily  accessible  in  the  main  living  room  of  the 
apartment  containing  such  room.  And  no  such  room  shall  here- 
after be  occupied  unless  all  the  conditions  of  this  section  are 
complied  with ;  and  said  written  permit  shall  be  issued  only  when 
all  of  the  said  conditions  are  complied  with,  and,  if  the  permit 
is  refused,  the  reason  for  such  refusal  shall  be  stated  by  said 
department  in  writing,  and  a  copy  thereof  shall  be  kept  in  a 
proper  book  in  the  office  of  said  department,  and  be  accessible  to 
the  public,  and  said  conditions  are  as  follows,  to-wit: 


1050 AN  ACT  FOR  THE  GOVERNMENT  OF 3037g 

1.  Such  room  shall  be  at  least  seven  feet  high  in  every  part 
from  the  floor  to  the  ceiling. 

2.  The  ceiling  of  such  room  shall  be  in  every  part  at  least  two 
feet  above  the  surface  of  the  street  or  ground  outside  of  or  ad- 
joining the  same. 

3.  There  shall  be  appurtenant  to  such  room  the  use  of  a  water 
closet. 

4.  There  shall  be  outside  of  and  adjoining  such  room,  and  ex- 
tending along  the  entire  frontage  of  said  room,  an  open  space  at 
least  three  feet  wide  in  every  part,  unless  such  room  extends  for 
more  than  one-half  of  its  height  above  the  curb  level.  Such  space 
shall  be  well  and  effectually  drained. 

5.  At  least  one  of  the  rooms  of  the  apartment  of  which  such 
room  is  an  integral  part  shall  have  a  window  or  windows  opening 
directly  to  the  street  or  yard,  of  at  least  twelve  square  feet  in 
size,  clear  of  the  sash  frame,  and  which  shall  open  readily  for 
purposes  of  ventilation. 

6.  If  the  house  is  situated  over  marshy  ground,  or  ground  on 
which  water  lies,  or  ground  on  which  there  is  water  pressure 
from  below,  the  lowest  floor  shall  be  water-proof  and  damp- 
proof. 

7.  Such  room  shall  have  sufl?icient  light  and  ventilation,  shall 
be  well  drained  and  dry,  and  shall  be  fit  for  human  habitation  in 
the  opinion  of  the  Health  Department. 

In  case  of  rooms  located  in  tenement  houses  erected  prior  to 
the  passage  of  this  act,  which  do  not  comply  with  all  the  provi- 
sions of  subdivisions  one,  two  and  four  of  this  section,  the  Health 
Department  may  issue  a  special  permit  for  occupancy;  provided 
said  department  shall  certify  in  writing  that  such  rooms  have 
sufficient  light  and  ventilation,  are  well  drained  and  dry,  and  are 
fit  for  human  habitation.  The  procedure  in  such  cases  shall  be  as 
follows :  Upon  receipt  of  a  written  request  from  the  owner  stat- 
ing that  there  are  rooms  in  the  basement  or  cellar  which  are  or 
have  been  previously  occupied  for  living  purposes,  but  which  do 
not  conform  to  the  requirements  of  subdivisions  one,  two  and 
four  of  this  section,  and  requesting  a  special  permit  for  the  oc- 
cupancy of  such  rooms,  the  said  department  shall  cause  an  inspec- 
tion to  be  made,  and  a  written  report  filed  which  shall  state  the 
respects  in  which  said  rooms  do  not  conform  to  the  requirements 
of  said  subdivisions,  and  whether  said  rooms  have  sufficient  light 


3037g CITIES  OF  THE  FIRST  CLASS. 1051 

and  ventilation,  are  well  drained  and  dry,  and  are  fit  for  human 
habitation.  No  such  special  permit,  however,  shall  be  issued 
unless  such  facts  are  certified  to  in  writing  by  said  department. 
Such  special  permits  shall  be  issued  only  by  the  head  of  the  de- 
partment or  his  deputy,  who  may  require  such  improvements  or 
alterations  in  said  rooms,  as  may  be  practicable,  as  a  condition 
precedent  to  the  granting  of  said  special  permit.  All  reports 
and  papers  connected  therewith  shall  be  deemed  public  records  in 
the  Health  Department. 

§  45.  Water  closets  and  public  sinks.  In  all  tenement  houses 
the  floor  or  other  surface  beneath  and  around  water  closets  and 
sinks  shall  be  maintained  in  good  order  and  repair  and,  if  of 
wood,  shall  be  kept  well  painted  with  light-colored  paint. 

§  46.  Cellar  walls  and  ceilings.  The  cellar  walls  and  ceilings 
of  every  tenement  house  shall  be  thoroughly  whitewashed  or 
painted  a  light  color  by  the  owner  and  shall  be  so  maintained. 
Such  whitewash  or  paint  shall  be  renewed  whenever  necessary, 
as  may  be  required  by  the  Health  Department. 

§  47.  Repairs.  Every  tenement  house  and  all  the  parts 
thereof  shall  be  kept  in  good  repair,  and  the  roof  shall  be  kept  so 
as  not  to  leak,  and  all  rain  water  shall  be  so  drained  and  conveyed 
therefrom  as  to  prevent  its  dripping  onto  the  ground  or  causing 
dampness  in  the  walls,  ceilings,  yards  or  areas. 

§  48.  Water  supply.  Every  tenement  house  shall  have  run- 
ning water  furnished  in  sufficient  quantity  at  one  or  more  places 
on  each  floor  occupied  by  or  intended  to  be  occupied  by  one  or 
more  families.  The  owner  shall  provide  proper  and  suitable 
tanks,  pumps  or  other  appliances  to  receive  and  to  distribute  an 
adequate  and  sufficient  supply  of  such  water  at  each  floor  in  the 
said  house,  at  all  times  of  the  year,  during  all  hours  of  the  day 
and  night.  But  a  failure  in  the  general  supply  of  water  by  the 
city  authorities  shall  not  be  construed  to  be  a  failure  on  the  part 
of  such  owner,  provided  that  proper  and  suitable  appliances  to 
receive  and  distribute  such  water  have  been  provided  in  said 
house. 

§  49.  Cleanliness  of  buildings.  Every  tenement  house  and 
every  part  thereof  shall  be  kept  clean  and  free  from  any  accumu- 
lation of  dirt,  filth  and  garbage  or  other  matter  in  or  on  the  same, 
or  in  the  yards,  courts,  passages,  areas  or  alleys  connected  with 
or  belonging  to  the  same.     The  owner  of  every  tenement  house 


1052 AN  ACT  FOR  THE  GOVERNMENT  OF 3037g 

or  part  thereof  shall  thoroughly  cleanse  and  keep  clean  at  all 
times  all  of  the  parts,  appurtenances  and  premises  of  a  tenement 
house  in  common  use  among  the  tenants;  and  each  tenant  shall 
cleanse  and  keep  clean  at  all  times  each  room  and  apartment  oc- 
cupied by  him,  to  the  satisfaction  of  the  Health  Department. 

§  50.  Walls  of  courts  and  shafts.  The  walls  of  all  yard 
courts,  and  inner  courts,  unless  built  of  a  light  color  brick  or 
stone,  shall  be  thoroughly  whitewashed  by  the  owner  or  shall  be 
painted  a  light  color  by  him,  and  shall  be  so  maintained.  Such 
whitewash  or  paint  shall  be  renewed  whenever  necessary  as  may 
be  required  by  the  Health  Department. 

§  51.  Walls  and  ceiling  of  rooms.  In  all  tenement  houses  the 
Health  Department  may  require  the  walls  and  ceilings  of  every 
room  that  does  not  open  directly  on  the  street  to  be  kalsomined 
white  or  painted  with  white  paint  when  necessary  to  improve  the 
lighting  of  such  room,  and  may  require  this  to  be  renewed  as 
often  as  may  be  necessary. 

§  52.  Wall  paper.  Except  as  hereinafter  provided,  no  wall 
paper  shall  be  placed  upon  a  wall  or  ceiling  of  any  tenement 
house,  unless  all  wall  paper  shall  be  first  removed  therefrom, 
and  such  wall  and  ceiling  be  thoroughly  cleaned.  But  the  Health 
Department  may  upon  application  from  the  owner  and  after  in- 
spection of  such  house,  where  such  department  is  convinced  that 
it  is  not  necessary  to  the  sanitary  improvement  thereof  that  the 
foregoing  provision  be  complied  with,  issue  a  permit  excusing 
compliance  therewith. 

§  53.  Receptacles  for  ashes,  garbage  and  rubbish.  The  owner 
of  every  tenement  house  shall  provide  for  said  building  proper 
and  suitable  conveniences  or  receptacles  for  ashes,  rubbish, 
garbage,  refuse  and  other  matter.  Any  person  placing  such 
ashes,  rubbish,  garbage,  refuse  or  other  matter  in  the  yards,  ad- 
joining or  connected  with  or  appurtenant  to  any  tenement  house, 
or  in  any  part  of  such  house,  except  in  suitable  receptacles  pro- 
vided therefor,  and  any  person  wrongfully  removing  a  receptacle 
so  provided,  shall  be  subject  to  a  fine  for  each  offense  of  not  less 
than  five  ($5)  dollars,  nor  more  than  twenty-five  ($25)  dollars. 

§  54.  Prohibited  uses.  No  horse,  cow,  calf,  sheep,  goat  or 
fowls  shall  be  kept  in  a  tenement  house,  or  on  the  same  lot  or 
premises  thereof  within  less  than  twenty  feet  of  any  part  or  por- 
tion of  said  house  and  no  swine  shall  be  kept  in  a  tenement  house. 


3037g CITIES  OF  THE  FIRST  CLASS. 1053 

or  on  the  same  lot  or  premises;  and  no  tenement  house,  or  the 
lot  or  premises  thereof,  shall  be  used  for  a  lodging  house  for 
transients,  or  for  the  storage  or  handling  of  rags,  or  a  place  o^ 
public  assemblage,  or  as  a  place  of  assignation  or  prostitution. 

§  55.  Combustible  materials.  No  tenement  house  or  any  part 
thereof,  or  the  lot  upon  which  it  is  situated,  shall  be  used  as  a 
place  of  storage,  keeping  or  handling  of  any  combustible  article, 
except  under  such  conditions  as  may  be  prescribed  by  the  Health 
Department,  under  authority  of  a  written  permit  issued  by  said 
department.  No  tenement  house  or  any  part  thereof,  or  the  lot 
upon  which  it  is  situated,  shall  be  used  as  a  place  of  storage, 
keeping  or  handling  of  any  article  dangerous  or  detrimental  to 
life  or  health,  or  for  the  storage,  keeping  or  handling  of  feed, 
hay,  straw,  excelsior,  cotton,  paper  stock,  feathers  or  rags. 

§  56.  Bakeries  and  fat  boiling.  No  bakery  and  no  place  of 
business  in  which  fat  is  boiled,  shall  be  maintained  in  any  tene- 
ment house  which  is  not  fire-proof  throughout. 

§  57.  Other  dangerous  businesses.  There  shall  be  no  tran- 
som, window  or  door  opening  into  a  hall  from  any  portion  of  a 
tenement  house  where  paint,  oil,  spirituous  or  intoxicating 
liquors  or  drugs  are  stored  for  the  purpose  of  sale  or  otherwise. 

§  58.  Janitor  or  housekeeper.  In  any  tenement  house  in 
which  the  owner  thereof  does  not  reside,  and  where  there  are  ten 
or  more  apartments,  there  shall  be  a  janitor,  housekeeper  or 
other  responsible  person,  who  shall  reside  in  said  house  and  have 
charge  of  the  same,  if  the  Health  Department  shall  so  require. 

§  59.  Overcrowding.  If  a  room  in  a  tenement  house  is  over- 
crowded, the  Health  Department  may  order  the  number  of  per- 
sons sleeping  or  living  in  said  room  to  be  so  reduced  that  there 
shall  not  be  less  than  six  hundred  cubic  feet  of  air  to  each  adult, 
and  four  hundred  cubic  feet  of  air  to  each  child  under  twelve 
j^ears  of  age  occupying  such  room. 

§  60.  Infected  and  uninhabited  houses  to  be  vacated.  When- 
ever it  shall  be  that  a  tenement  house,  or  any  part  thereof,  is 
infected  with  contagious  disease,  or  that  it  is  unfit  for  human 
habitation,  or  dangerous  to  hfe  or  health  by  reason  of  want  of 
repair,  or  defects  in  the  drainage,  plumbing,  ventilation,  or  the 
construction  of  the  same,  or  by  reason  of  the  existence  on  the 
premises  of  a  nuisance  likely  to  cause  sickness  among  the  occu- 
pants of  said  house,  the  Health  Department  may  issue  an  order 


1054       AN  ACT  FOR  THE  GOVERNMENT  OF 3037g 

requiring  all  persons  therein  to  vacate  such  house,  or  part  there- 
of, within  not  less  than  twenty-four  hours,  nor  more  than  ten 
days,  for  reasons  to  be  mentioned  in  said  order.  In  case  such 
order  is  not  complied  with  within  the  time  specified,  the  Health 
Department  may  cause  said  tenement  house  or  part  thereof  to  be 
vacated.  The  department,  whenever  it  is  satisfied  that  the  dan- 
ger from  said  house  or  part  thereof  has  ceased  to  exist,  or  that 
it  is  fit  for  human  habitation,  may  revoke  said  order,  or  may  ex- 
tend the  time  within  which  to  comply  with  the  same. 

§  61.  Repairs  to  buildings,  etc.  Whenever  any  tenement 
house  or  any  building,  structure,  excavation,  business  pursuit, 
matter  or  thing,  in  or  about  a  tenement  house,  or  the  lot  on  which 
it  is  situated,  or  the  plumbing,  sewerage,  drainage,  light  or  ven- 
tilation thereof,  is  in  the  opinion  of  the  Health  Department,  in  a 
condition  dangerous  or  detrimental  to  life  or  health,  the  Health 
Department  may  declare  that  the  same,  to  the  extent  it  may 
specify,  is  a  public  nuisance,  and  may  order  the  same  to  be 
removed,  abated,  suspended,  altered  or  otherwise  improved  or 
purified,  as  the  other  shall  specify.  The  Health  Department  may 
order  or  cause  any  tenement  house  or  part  thereof  or  any  excava- 
tion, building,  structure,  sewer,  plumbing  pipe,  passage,  prem- 
ises, ground,  matter  or  thing,  in  or  about  a  tenement  house,  or 
the  lot  on  which  it  is  situated  to  be  purified,  cleaned,  disinfected, 
removed,  altered,  repaired,  or  improved.  If  any  order  of  the  de- 
partment is  not  complied  with  within  five  days  after  the  service 
thereof,  or  within  such  time  as  the  department  may  designate, 
then  such  order  may  be  executed  by  said  department  through  its 
officers,  agents,  employes  or  contractors. 

§  62.  Fire  escapes  and  fireproofing  of  buildings.  Every  tene- 
ment house  hereafter  erected  over  two  stories  and  a  basement  in 
height,  and  every  building  hereafter  altered  for  use  as  a  tene- 
ment house,  over  two  stories  and  a  basement  in  height,  shall  be 
equipped  and  kept  equipped  with  such  fire  escapes  for  each  floor 
as  shall  be  deemed  adequate  by  the  Building  Department.  The 
owner  of  every  tenement  house  shall  keep  all  the  fire  escapes 
thereon  in  good  order  and  repair,  and  whenever  rusty  shall  have 
them  properly  painted  with  two  coats  of  paint.  No  person  shall 
at  any  time  place  any  incumbrance  of  any  kind  before  or  upon 
any  such  fire  escapes.  Everj^  tenement  house  hereafter  erected, 
over  three  stories  and  a  basement  in  height  and  every  non-fire- 


3037g CITIES  OF  THE  FIRST  CLASS. 1055 

proof  building  hereafter  altered  for  use  as  a  tenement  house  over 
three  stories  and  a  basement  in  height  shall  be  of  fireproof  con- 
struction. 

§  63.     Fireproofing,  scuttles,    bulkheads,  ladders   and    stairs. 

All  scuttles  and  bulkheads  and  all  stairs  or  ladders  leading  thereto 
shall  be  easily  accessible  to  all  tenants  of  the  building,  and  kept 
free  from  incumbrance,  and  ready  for  use  at  all  times.  No  scut- 
tle and  no  bulkhead  door  shall  be  at  any  time  locked  with  a  key, 
but  either  may  be  fastened  on  the  inside  by  sliding  bolts  or  hooks. 

ARTICLE  VI. 

Improvements. 

§  64.  Rooms,  lighting  and  ventilation  of.  No  room  in  a  tene- 
ment house  existing  prior  to  the  passage  of  this  act  shall  here- 
after be  occupied  for  living  purposes  unless  it  shall  have  a  win- 
dow opening  directly  upon  the  street,  or  upon  a  yard  not  less 
than  four  feet  deep,  or  above  the  roof  of  an  adjoining  building, 
or  upon  a  court  of  not  less  than  twenty  square  feet  in  area,  open 
to  the  sky  without  roof  or  skylight,  unless  such  room  is  located  on 
the  top  floor  and  is  adequately  lighted  and  ventilated  by  a  sky- 
light opening  directly  to  the  outer  air.  Every  room  which  does 
not  comply  with  the  above  provisions  shall  be  provided  with  a 
sash  window,  opening  into  an  adjoining  room  in  the  same  apart- 
ment which  latter  room  either  opens  directly  on  the  street  or  on 
a  yard  of  the  above  dimensions.  Said  sash  windows  shall  be  a 
vertically  sliding  pulley  hung  sash  not  less  than  three  feet  by  five 
feet  between  stop  beads ;  both  halves  shall  be  so  made  as  to  readily 
open,  and  the  lower  half  shall  be  glazed  with  translucent  glass, 
and  so  far  as  possible,  it  shall  be  in  line  with  windows  in  outer 
rooms  opening  on  the  street  or  yard  so  as  to  afford  a  maximum 
of  light  and  ventilation.  In  the  case  of  rooms  located  in  apart- 
ments that  extend  through  from  the  street  to  the  yard,  thus  in- 
suring through  ventilation,  where  such  rooms  are  already  pro- 
vided either  with  windows,  window  openings,  glass  sliding  doors, 
or  large  alcove  openings  to  adjoining  rooms,  but  do  not  comply 
with  all  the  provisions  of  this  section,  the  Health  Department 
when  satisfied  that  no  material  improvement  in  the  light  and 
ventilation  of  such  rooms  can  be  had  that  would  warrant  the 
providing  of  new  windows  of  the  size  and  kind  specified,  may 


1056 AN  ACT  FOR  THE  GOVERNMENT  OF 3037g 

permit  the  occupancy  of  such  rooms  for  living  purposes  in  cer- 
tain cases,  provided  such  improvements  or  alterations  as  may  be 
practicable  and  as  are  required  by  said  department  are  made  by 
the  owner,  and  said  certain  cases  are  as  follows : 

1.  Where  there  is  an  existing  window  or  window  opening  from 
such  interior  room  to  an  adjoining  room  and  such  window  or 
opening  is  not  less  than  ten  square  feet  in  area. 

2.  Where  there  is  an  existing  glass  sliding  door  or  an  alcove 
opening  of  sufficient  size  from  such  interior  room  to  an  adjoin- 
ing room. 

3.  Where  rooms  located  on  the  top  floor  open  upon  a  court  of 
less  size  than  twenty  square  feet  or  closed  at  the  top,  but  such 
rooms  have  sufficient  light  and  ventilation. 

4.  Where  owing  to  the  size  of  partitions,  arrangement  of 
rooms,  location  of  fixed  closets  or  stairs,  or  the  interposition  of 
air  shafts,  it  is  impracticable  to  provide  a  window  of  the  required 
size,  and  a  window  as  large  as  practicable  is  provided. 

§  65.  Public  halls,  lighting  of.  In  every  tenement  house 
whenever  a  public  hall  on  any  floor  is  not  light  enough  in  the 
daytime  to  permit  a  person  to  read  common  news-print  of  a 
newspaper  in  every  part  thereof  without  the  aid  of  artificial 
light,  the  wooden  panels  in  the  doors  located  at  the  ends  of  the 
public  halls  and  opening  into  rooms,  shall  be  removed,  and 
ground  glass,  or  other  translucent  glass  or  wire  glass  panels  of  an 
aggregate  area  of  not  less  than  four  square  feet  for  each  door, 
shall  be  substituted ;  or  said  public  hall  may  be  lighted  by  a  win- 
dow or  windows  at  the  end  thereof  with  the  plane  of  each  win- 
dow at  right  angles  to  the  axis  of  the  said  hall,  said  window  or 
windows  opening  upon  the  street  or  upon  a  yard  or  court. 

§  66.  Public  halls,  lighting  and  ventilation  of.  In  all  tene- 
ment houses  erected  prior  to  the  passage  of  this  act,  the  public 
halls  and  stairs  shall  be  provided  with  as  much  light  and  ventila- 
tion to  the  outer  air  as  may  be  deemed  practicable  by  the  Health 
Department,  which  may  order  such  improvements  and  alterations 
in  said  houses  as  in  it^  judgment  may  be  necessary  to  accomplish 
this  result.  All  new  skylights  hereafter  placed  in  such  houses 
shall  be  provided  with  ridge  ventilators  having  a  minimum  open- 
ing of  forty  square  inches  and  also  with  either  fixed  or  movable 
louvres  or  with  movable  sashes,  and  shall  be  of  such  size  as  may 
be  determined  to  be  practicable  by  said  department. 


3037g CITIES  OF  THE  FIRST  CLASS. 1057 

§  67.  Public  sinks.  In  all  tenement  houses  erected  prior  to 
the  passage  of  this  act,  the  woodwork  inclosing  sinks  located  in 
the  public  halls  or  stairs,  shall  be  removed  and  the  space  under- 
neath said  sinks  shall  be  left  open.  The  floors  and  wall  surfaces 
beneath  and  around  the  sink  or  sinks  shall  be  put  in  good  order 
and  repair  and,  if  of  wood,  shall  be  well  painted  with  light- 
colored  paint. 

§  68.  Water  closets.  In  all  tenement  houses  erected  prior  to 
the  passage  of  this  act,  the  woodwork  inclosing  all  water  closets 
shall  be  removed  from  the  front  of  said  closets,  and  the  space 
underneath  the  seat  shall  be  left  open.  The  floor  or  other  surface 
beneath  and  around  the  closet  shall  be  put  in  good  order  and  re- 
pair, and  if  of  wood,  shall  be  well  painted  with  light-colored 
paint. 

§  69.  Privy  vaults,  school  sinks  and  water  closets.  In  all 
tenement  houses  erected  prior  to  the  passage  of  this  act,  where  a 
connection  with  a  sewer  is  possible,  .all  school  sinks,  privy  vaults 
or  other  similar  receptacles  used  to  receive  fecal  matter,  urine  or 
sewerage,  shall,  within  two  years  from  the  passage  and  approval 
of  this  act,  be  completely  removed  and  the  place  where  they  were 
located  disinfected  under  the  direction  of  the  Health  Department. 
Such  appliances  shall  be  replaced  by  individual  water  closets  of 
durable  non-absorbent  material,  properly  sewer  connected,  and 
with  individual  traps,  and  properly  connected  flush  tanks  provid- 
ing an  ample  flush  of  water  to  thoroughly  cleanse  the  bowl.  Each 
water  closet  shall  be  located  in  a  compartment  completely  sep- 
arated from  every  other  water  closet,  and  such  compartment 
shall  contain  a  window  of  not  less  than  three  square  feet  in  area 
opening  directly  to  the  street  or  yard  or  on  a  court.  The  floors 
of  the  water  closet  compartments  shall  be  water  proof  as  pro- 
vided in  Section  29  of  this  act.  Where  water  closets  are  placed 
in  the  yard,  to  replace  school  sinks  or  privy  vaults,  long  hopper 
closets  may  be  used ;  but  all  traps,  flush  tanks  and  pipes  shall  be 
protected  against  the  action  of  frost.  In  such  cases,  the  structure 
containing  the  water  closets  shall  not  exceed  ten  feet  in  height; 
such  structure  shall  be  provided  with  a  ventilating  skylight  in  the 
roof  of  an  adequate  size,  and  each  water  closet  shall  be  located 
in  a  compartment  completely  separated  from  every  other  water 
closet.  Proper  and  adequate  means  for  lighting  the  structure  at 
night  shall  be  provided.     There  shall  be  provided  at  least  one 


1058 AN  ACT  FOR  THE  GOVERNMENT  OF 3  037g 

water  closet  for  every  four  families  or  less  in  every  tenement 
house  existing  on  the  day  this  act  takes  effect.  Except  as  in  this 
section  otherwise  provided,  such  water  closets  and  all  plumbing 
in  connection  therewith  shall  be  in  accordance  with  the  ordi- 
nances and  regulations  of  the  city  in  relation  to  plumbing  and 
drainage. 

§  70.  Basements  and  cellars.  The  floor  of  the  cellar  or  lowest 
floor  of  every  tenement  house  shall  be  free  from  dampness  and, 
when  necessary,  shall  be  concreted  with  four  inches  of  concrete 
of  good  quality  and  with  a  finished  surface.  The  cellar  ceiling 
of  every  tenement  house  shall  be  plastered,  when  so  required  by 
the  Health  Department,  except  where  such  ceiling  is  already  well 
sheathed  with  matched  boards,  or  well  covered  with  a  metal 
ceiling,  or  where  the  first  floor  above  the  cellar  is  constructed  of 
iron  beams  and  fireproof  filling. 

§  71.  Shafts  and  courts.  In  every  tenement  house  there 
shall  be  at  the  bottom  of  every  shaft  and  inner  court,  a  door 
giving  sufficient  access  to  such  shaft  or  court  to  enable  it  to  be 
properly  cleaned  out;  provided,  that  where  there  is  already  a 
window  or  door  in  a  tenement  house,  giving  proper  access  to  such 
shaft  or  court,  such  window  or  door  shall  be  deemed  sufficient. 

ARTICLE  VII. 

Requirements  and  Remedies. 

§  72.  Permit  to  commence  building.  Before  the  construction 
or  alteration  of  a  tenement  house,  or  the  alteration  or  conversion 
of  a  building  for  use  as  a  tenement  house,  is  commenced,  and  be- 
fore the  construction  or  alteration  of  any  building  or  structure 
on  the  same  lot  with  a  tenement  house,  the  owner  or  his  agent  or 
architect,  shall  submit  to  the  Inspector  of  Buildings  and  to  the 
Health  Department,  a  detailed  statement  in  writing  verified  by 
the  afl^idavit  of  the  person  making  the  statement,  of  the  specifica- 
tions for  the  light  and  ventilation  and  sanitation  of  such  tene- 
ment house  or  building,  and  also  a  full  and  complete  copy  of  the 
plans  of  such  house  or  building  and  of  the  proposed  work,  and  a 
correct  plat,  by  dimensions,  of  the  lot  occupied  or  to  be  occupied. 
Such  statement  shall  give  in  full  the  name  and  residence,  by 
street  and  number,  if  any,  of  the  owner  or  owners  of  such  tene- 
ment house  or  building.  ~  If  such  construction,  alteration  or  con- 


3037g CITIES  OF  THE  FIRST  CLASS. 1059 

version  is  proposed  to  be  made  by  any  other  person  than  the 
owner  of  the  land  in  fee,  such  statement  shall  also  contain  the 
full  name  and  residence,  by  street  and  number,  if  any,  of  such 
other  person,  whether  he  be  owner,  lessee  or  .agent.  Said  affidavit 
shall  allege  that  said  specifications  and  plans  are  true,  and  con- 
tain a  correct  description  of  such  tenement  house,  buliding,  struc- 
ture, lot  and  proposed  work.  The  statements  and  affidavit  herein 
provided  for  may  be  made  by  the  owner,  or  the  person  who  pro- 
poses to  make  the  construction,  alteration  or  conversion,  or  by 
his  agent  or  architect.  No  person,  however,  shall  be  recognized 
as  the  agent  of  the  owner,  for  the  purpose  of  this  act,  unless 
he  shall  file  with  the  said  department  a  written  instrument, 
signed  by  such  owner,  designating  him  as  such  agent.  Any  false 
swearing  in  a  material  point  in  any  affidavit  provided  for  in  this 
act  shall  be  deemed  such,  and  punished  as  such  under  the  laws  of 
the  Commonwealth.  Such  specifications,  plans,  affidavits  and 
statements  shall  be  filed  in  the  said  departments  and  shall  be 
deemed  public  records,  and  no  such  specifications,  plans,  affi- 
davits or  statements  shall  be  removed  from  said  departments. 
The  said  departments  shall  cause  all  such  plans,  statements,  affi- 
davits and  specifications  to  be  examined,  and  if  they  conform  to 
the  provisions  of  this  act  relative  to  the  light,  ventilation  and 
sanitation  of  tenement  houses,  they  shall  be  approved  by  the 
Health  Department,  and  a  written  certificate  to  that  effect  shall 
be  issued  to  the  person  submitting  the  same.  Compliance  with 
the  provisions  of  this  act,  other  than  those  relating  to  light,  ven- 
tilation and  sanitation,  shall  be  under  the  supervision  of  the  De- 
partment of  Building,  and  if  such  plans,  statements,  affidavits 
and  specifications  conform  to  the  provisions  of  this  act  in  such 
other  respects  they  shall  also  be  approved  by  said  Building  De- 
partment and  a  written  certificate  to  that  effect  issued  to  the 
person  submitting  the  same.  The  respective  departments  may, 
from  time  to  time,  approve  changes  in  any  plans  and  specifica- 
tions previously  approved  by  them,  provided  the  plans  and  speci- 
fications when  so  changed  shall  be  in  conformity  with  the  law. 
The  construction,  alteration  or  conversion  of  such  tenement 
house,  building  or  structure,  or  any  part  thereof,  shall  not  be 
commenced  until  the  filing  of  such  plans,  affidavits,  specifications 
and  statements,  and  the  approval  thereof,  as  above  provided. 
The  construction,  alteration  or  conversion  of  such  house,  building 


1060 AN  ACT  FOR  THE  GOVERNMENT  OF 3037g 

or  structure,  shall  be  in  accordance  with  such  approved  specifica- 
tions and  plans.  Any  permit  or  approval  may  be  issued  by  the 
Health  or  Building  Department,  but  under  which  no  work  has 
been  done  above  the  foundation  walls  within  one  year  from  the 
time  of  the  issuance  of  such  permit  or  approval  shall  expire  by 
limitation.  Said  departments,  or  either  of  them,  shall  have 
power  to  revoke  or  cancel  any  permit  or  approval  in  case  of  any 
failure  or  neglect  to  comply  with  any  of  the  provisions  of  this  act, 
or  in  case  any  false  statement  or  representation  is  made  in  any 
specifications,  plans,  affidfRavits  or  statements  submitted  or  filed 
for  such  permit  or  approval. 

§  73.  Certificate  of  compliance.  No  tenement  house  here- 
after altered  or  constructed  or  building  altered  into  a  tenement 
house  shall  be  occupied  in  whole  or  in  part  for  human  habitation 
until  the  issuance  of  a  certificate  by  the  Health  Department  that 
said  building  conforms  in  all  respects  to  the  requirements  of  this 
act  relative  to  the  light,  ventilation  and  sanitation  of  tenement 
houses,  and  until  the  issuance  of  a  certificate  by  the  Building 
Department,  that  said  house  conforms  in  all  other  respects  to  the 
requirements  of  this  act. 

§  74.  Penalties  and  violations.  Except  as  otherwise  provided 
in  Section  53  of  this  act,  every  person  who  shall  violate  or  assist 
in  the  violation  of  any  provision  of  this  act,  shall  be  fined  not  less 
than  ten  ($10)  dollars  nor  more  than  twenty-five  ($25)  dollars 
for  each  offense,  and  each  and  every  day  after  the  expiration  of 
the  notice  prescribed  by  this  act  that  said  violation  is  allowed  to 
continue  shall  be  considered  an  additional  offense.  Such  person 
or  persons  shall  also  be  liable  for  all  costs,  expenses  and  dis- 
bursements paid  or  incurred  by  said  departments,  or  by  any  of 
the  officers  thereof,  in  the  removal  of  any  nuisance  or  violation. 
The  existence  of  any  nuisance  or  violation  of  this  act  in  or  upon 
the  property,  shall  subject  said  property  to  the  fines  and  penalties 
herein  prescribed  upon  the  institution  of  the  proper  proceeding 
against  said  property  or  its  owner. 

§  75.  Procedure.  In  case  any  tenem.ent  house,  building  or 
structure  or  any  part  thereof  is  constructed,  altered,  converted 
or  maintained  in  violation  of  any  provision  of  this  act  or  any 
order  or  notice  of  the  departments  charged  with  its  enforcement, 
or  in  case  a  nuisance  exists  in  any  such  tenement  house,  building 
or  structure,  or  upon  the  lot  on  which  it  is  situated,  either  of 


3037g CITIES  OF  THE  FIRST  CLASS. 1061 

said  departments  or  the  city  attorney  or  corporation  counsel  may 
institute  in  the  name  of  the  city  any  appropriate  civil  action  or 
proceeding  to  prevent  such  unlawful  construction,  alteration, 
conversion  or  maintenance,  or  to  restrain,  correct  or  abate  such 
violation  or  nuisance,  or  to  prevent  the  occupation  of  said  tene- 
ment house,  building  or  structure,  or  to  prevent  any  illegal  act, 
conduct  or  business  in  or  about  such  tenement  house  or  lot,  or  for 
the  imposition  or  collection  of  any  fine  or  penalty  prescribed  by 
this  act. 

§  76.  Registry  of  owner's  name.  Every  owner  of  a  tenement 
house  and  every  lessee  of  the  whole  house,  or  other  person  having 
control  of  a  tenement  house,  shall  file  in  the  Health  and  Build- 
ing Departments  a  notice  containing  his  name  and  address,  and 
also. a  description  of  the  property,  by  street  number  or  other- 
wise, as  the  case  may  be,  in  such  manner  as  will  enable  the  said 
departments  easily  to  find  him  and  the  property. 

§  77.  Registry  of  agent's  name.  Every  owner,  agent  or 
lessee  of  a  tenement  house  shall  file  in  the  departments  of  health 
and  of  buildings  a  notice  containing  the  name  and  address  of  an 
agent,  residing  in  the  city  wherein  the  house  is  located,  for  the 
purpose  of  receiving  service  of  process,  in  all  actions  herein  pro- 
vided for,  and  also  a  description  of  the  property  by  street  num- 
ber or  otherwise  in  such  a  manner  as  will  enable  the  said  depart- 
ments to  easily  find  the  same.  The  name  of  the  owner  or  lessee 
may  be  filed  as  agent   for  this  purpose. 

§  78.  Service  of  notice  and  orders.  Every  notice  or  order 
der  issued  by  the  departments  in  relation  to  a  tenement  house 
shall  be  served  five  days  before  the  time  for  doing  the  thing  in 
relation  to  which  it  shall  have  been  issued.  The  posting  of  a 
copy  of  such  notice  or  order  in  a  conspicuous  place  in  the  tene- 
ment house,  together  with  the  mailing  of  a  copy  thereof,  on  the 
same  day  that  it  is  posted,  to  such  person,  if  any,  whose  name 
has  been  filed  with  the  departments  of  health  or  building  in 
accordance  with  the  provisions  of  Sections  76  and  77  of  this  act, 
at  his  address  as  therewith  filed,  shall  be  sufficient  service 
thereof. 

§  79.  Indexing  names.  The  names  and  addresses  filed  in 
accordance  with  Sections  76  and  77  shall  be  indexed  by  the 
departments  of  health  and  of  building,  in  such  manner  that  all 
of  those  filed  in  relation  to  each  tenement  house  shall  be  together 


1062  AN  ACT  FOR  THE  GOVERNMENT  OF  2008 

and  readily  ascertainable.  The  said  departments  shall  provide 
the  necessary  books  and  clerical  assistance  for  that  purpose,  and 
the  expense  thereof  shall  be  paid  by  the  city.  Said  indexes  shall 
be  public  records,  open  to  the  public  inspection  during  business 
hours. 

§  80.  Disagreements  between  departments.  In  case  of  any 
disagreements  between  the  health  and  building  departments  with 
respect  to  the  construction  and  enforcement  of  this  act,  or  any 
part  thereof,  the  question  shall  be  referred  to  the  Board  of  Public 
Safety  for  final  determination. 

§  81.  Fines  and  recoveries  to  be  paid  into  city  treasury.  All 
fines  and  recoveries  realized  under  this  act  shall  be  paid  to  the 
City  Treasurer. 

§  82.  Duty  of  City  Attorney  or  corporation  counsel.  It  shall 
be  the  duty  of  the  City  Attorney  or  Corporation  Counsel  and  his 
assistants,  to  render  all  legal  services  that  may  be  required  for 
the  enforcement  of  any  or  all  of  the  provisions  of  this  act. , 

§  83.  Laws  repealed.  All  statutes  of  the  State  and  all  local 
ordinances,  so  far  as  inconsistent  with  the  provisions  of  this  act, 
are  hereby  repealed. 

§  84.  When  to  take  effect.  This  act  shall  take  effect  from 
and  after  its  passage.  (Original  act  effective  June  15,  1910. 
Amended  March  19,  1912.) 

BOARD  OF  CHILDREN'S  GUARDIANS. 

§  2008.  Appointment  of  board  in  counties  having'  cities  of 
first  class,  terms  of  office.  That  in  all  counties  of  this  Common- 
wealth in  which  there  may  be  a  city  of  the  first  class  there  shall 
be  created  a  board  to  be  composed  of  six  persons,  two  of  whom 
shall  be  colored,  which  board  shall  be  a  body  politic  and  cor- 
porate, and  shall  be  known  as  the  Board  of  Children's  Guardians 
of  said  county,  and  in  such  name  sue  and  be  sued.  The  mem- 
bers of  said  board  shall  be  appointed  by  the  judge  of  the  city  or 
police  court,  and  shall  serve  without  compensation,  and  the  city 
or  police  judge  shall  be  ex-officio  member  of  said  board.  Two 
members  of  such  board  shall  serve  one  year,  when  their  suc- 
cessors shall  be  appointed,  who  shall  serve  three  years;  two 
members  shall  serve  two  years,  and  their  successors  shall  be  ap- 
pointed, who  shall  serve  three  years;  and  two  members  shall 


2009 CITIES  OF  THE  FIRST  CLASS. 1063 

serve  three  years;  and  their  successors  shall  be  appointed  who 
shall  serve  three  years ;  and  annually  thereafter  there  shall  be  ap- 
pointed two  members,  who  shall  serve  three  years. 

§  2009.     Powers  and  duties  of  board — provision  for  temporary 
homes.    Said  board  shall   have  the  care  and  supervision  of   all 
neglected  and  dependent  children  under  sixteen  years  of  age  in 
the  county  for  which  they  were  appointed,  and  shall  have  the 
power  to  take  under  their  care  and  control,  in  the  manner  here- 
after specified,   any  children   abandoned,  neglected,   or  cruelly 
treated  by  their  parents;  children  begging  on  the  streets;  chil- 
dren of  habitually  drunken  or  unfit  parents;  children  kept  in 
vicious  or  immoral  associations;  children  known  by  their  lan- 
guage and  life  to  be  vicious  or  incorrigible;  all  children  of  par- 
ents living  together  in  unlawful  cohabitation.    Said  board  shall 
provide  a  temporary  home,  where  such  children  as  may  be  com- 
mitted to  their  care  may  be  suitably  and  comfortably  maintained 
and  educated,  special  attention  being  given  to  their  moral  train- 
ing.    They  shall  have  the  power,  by  leave  of  the  judge  of  said 
court,  to  commit  such  children  to  orphan  asylums,  industrial 
schools,  or  State  reformatory,  or,  under  the  order  of  any  court 
having  jurisdiction,  said  children  may  be  indentured  as  appren- 
tices, or  may,  by  the  consent  of  said  board  filed  in  the  Circuit 
Court,  be  adopted  without  the  consent  of  the  parents  of  said 
child ;  or  such  children  may  be  in  any  manner  disposed  of  by 
said  board  as  the  said  court,  upon  written  petition,  shall  direct; 
Provided,  That  in  committing  children  to  the  Industrial  School 
of  Reform,  the  court  shall  be  governed  by  the  law  regulating 
commitment  to  that  institution  in  every  particular  and  that  law 
shall  not  be  deemed  to  be  repealed,  in  any  part,  by  this  act ;  and, 
Provided  further,  That  in  all  indentures  of  apprenticeship  made 
under  this  act  special  provision  shall  be  made  for  the  moral 
training  of  such  apprentice,  and  said  board  shall  have  full  power, 
and  it  shall  be  its  special  duty,  to  enforce  such  contract,  see 
that  the  apprentice  renders  due  obedience  and  service,  and  that 
his  moral  training  and  industrial  education  are  not  neglected, 
and  that  he  or  she  is  humanely  treated  and  comfortably  provided 
for.     For  such  purposes  the  board  shall  at  all  times  retain  its 

§    2009.    Powers     of    Police   Judges      Marlowe   v.    Com.,   142   Ky.    106;    133 
under    this    section    are    conferred    on       S.   W.    1137. 
Juvenile  Court  by  Ky.  St.,  Sec.  331e. 


1064  AN  ACT  FOR  THE  GOVERNMENT  OF 2010 

powers  as  guardian  of  such  infant.     (See  further  as  to  care  of 
children,  §325  Ky.  St.) 

§  2010.  Children  when  taken  from  parents — petition  in  Police 
Court — hearing  of  petition.  Whenever  said  board  shall  have 
probable  cause  to  believe  that  any  child  under  sixteen  years  of 
age  is  abandoned,  neglected  or  cruelly  treated  by  its  parents  or 
parent,  or  is  habitually  sent  out  or  permitted  to  beg  in  public 
places,  or  who  lives  by  begging,  or  that  the  parent  of  any  child  is 
in  constant  habits  of  drunkenness  or  low  or  gross  debauchery,  or 
that  the  associations  of  such  child  are  such  as  tend  to  its  cor- 
ruption and  contamination,  or  that  such  child  is  known  by  lan- 
guage and  life  to  be  vicious  or  incorrigible,  or  that  the  parents 
of  such  child  are  living  together  in  unlawful  cohabitation,  such 
board  shall  file  a  petition  in  the  city  or  police  court,  setting  forth 
such  facts  in  regard  to  such  child,  and  thereupon  the  court  shall 
issue  a  writ  for  the  custody  of  such  child,  which  shall  be  served 
upon  the  parents  or  person  having  actual  custody  or  control  of 
said  child;  or  if  such  child  is  under  no  actual  parental  custody 
or  control,  then  upon  the  child  itself,  and  thereupon  said  board 
shall  take  and  keep  said  child  at  the  temporary  home  of  the  said 
board  until  the  final  order  of  the  court  upon  said  petition;  or 
said  board  may,  in  its  discretion,  place  said,  child  in  the  tempo- 
rary custody  of  some  private  individual  until  such  final  order  of 
court.  Notice  of  the  time  of  hearing  upon  said  petition  shall  be 
served  upon  the  parents  or  person  having  the  actual  control  or 
custody  of  said  child,  who  shall  have  the  right  to  call  witnesses 
and  be  heard  as  to  his  or  her  rights,  fitness  and  ability  to  care  for 
and  educate  such  child.  If  the  facts  set  forth  in  said  petition 
shall  be  found  by  the  court  to  be  true,  and  any  of  the  above 
causes  exist,  it  shall  order  that  said  child  be  committed  to  the 
custody  of  said  Board  of  Children's  Guardians,  and  if  the  par- 
ents of  such  child  are  able  to  maintain  and  support  said  child, 
it  shall  be  the  duty  of  the  court  to  require  them  to  pay  board, 
and  the  court  shall  have  authority,  by  attachment  or  other  pro- 
ceedings, as  in  cases  of  contempt,  to  enforce  such  payment.  (See 
further  as  to  care  of  children,  Chapter  18,  Ky.  St.) 

§  2011.  Board  not  liable  for  costs  or  fees — costs  to  be  paid  by 
county.  That  in  all  cases  in  which  said  Board  of  Children's 
Guardians  is  interested,  or  the  filing  of  petitions,  reports  and 
proceedings  for  adopting  wards  of  such  board,  no  fee  shall  be 


2012 CITIES  OF  THE  FIRST  CLASS. 1065 

taxed  against  said  board  by  the  clerk  of  the  court,  or  the  Sheriff 
of  the  county,  or  any  other  officer,  and  said  Board  of  Children's 
Guardians  shall  not  be  hable  for  the  payment  of  any  court  costs 
or  witness  fees;  but  all  such  costs  as  may  be  incurred  by  such 
board  in  the  discharge  of  the  duties  herein  enjoined  upon  it 
shall  be  paid  by  the  county  wherein  such  board  shall  be  created 
out  of  the  fund  hereinafter  provided  for. 

§  2012.  Power  of  Circuit  Court  to  remove  members  of  board. 
The  Circuit  Court  of  the  county  shall  have  power  to  remove  any 
or  all  of  said  members  of  said  Board  of  Children's  Guardians 
for  any  misconduct  or  neglect  of  duty,  upon  a  proper  showing 
made  in  open  court,  after  said  member  or  members  shall  have 
been  given  a  full  opportunity  to  be  heard  in  their  defense. 

§  2013.  Tax  to  be  levied  to  meet  necessary  expenses.  For 
the  purpose  of  meeting  the  expenses  necessary  to  carry  out  the 
purpose  of  this  act,  the  Fiscal  Court  of  the  county,  and  the 
municipal  board  of  the  city  in  which  such  board  shall  act,  are 
empowered  to  levy  a  tax  not  to  exceed  one  cent  on  the  one  hun- 
dred dollars  of  taxables  in  their  respective  cities  or  counties. 

§  2014.  Duty  of  County  and  Prosecuting  Attorney.  It  shall 
be  the  duty  of  the  County  Attorney  to  file  all  petitions,  and  to 
attend  to  all  proceedings  instituted  by  said  board,  and  to  prose- 
cute the  same  to  a  final  issue;  and  in  his  absence  it  shall  be  the 
duty  of  the  prosecuting  attorney  of  the  city  court  to  do  so.  (Act 
of  December  17,  1892.) 


Index  to  General  Ordinances. 


Page 

Academy— dancing — license  §42 355 

Accouclieurs — to  register  at  Health  Office 39 

Accountant — expert,  public,  license  §2  (Kentucky  Statutes  2797) 348 

—public  in  assessor's  office 32 

Accounts — unsettled,  adj ustments 33 

Adding  Machines — dealers  in,  license  §103 369 

Adiusters — insurance  §54 357 

Adulterated  food — definition,  sale 277 

Advertising — persons  engaged  in  to  pay  license  §3  and  §4 348 

—business  §3,  4,  5 348,349 

Advertising — public,  by  the  city 19 

Advertising  matter  prohibited 18 

Advertising  of  delinquent  tax  bills 664 

Advertising  by  itinerant  vendors 341 

Advertisement  distributers,  hcense  §5 349 

Advertisements  concerning  secret  diseases  prohibited 18 

Advertisements — posting  on  pubUc  bridges 50 

posting  on  vacant  property 17 

posting  on  poles,  trees,  etc 17 

posting  on  house  or  fence 18 

concerning  secret  diseases 18 

dishonest  and  fraudulent 19,341 

labeling  convict-made  goods 214 

placing  on  sidew^alks 548 

Adviser — insurance  §55 357 

Affidavit  of  officers 45 

Agency — collection,  license  §38 354 

Agents — claim,  license  §19 351 

pension — license  §19 351 

for  cash  register  or  adding  or  calculation  machines,  hcense  §103  369 

responsible  for  license  §125 373 

Aldermen — list  of 11 

election  (Kentucky  Statutes  2767— Constitution  160)  (see  Gen- 
eral CouncU). 
Aldermen — rules  of,  etc.  (see  Board  of  Aldermen). 
Alleys — traffic  one  way  where  narrow  (see  Public  Ways  and  Kentucky 
Statutes  2832-2839). 

Alms— begging  for 37,387 

Ambulances— right  of  way 542 ,  544 

chauffeurs 191 

Amusements  (see  "Balls,"  "BaU  Rooms,"  "Exhibitions,"  "Exhibits," 
"Dance  Halls,"  "Licenses,"  "Skating  Rinks,"  "Wrestling 
Matches,"  "Circuses,"  "Menageries,"  "Museums,"  "Theaters," 
"Bowling  Alleys"). 

Amusement  Parks — license  §56 358 

Animals — condemned  (see  meats). 

Animals — cruelty  to 20 

dead  thrown  in  sewers,  etc 20 

removal  of  dead 21 

dead  animal  contractor 21 

(see  also  "Live  Stock  Inspector"  and  "Meats"). 

driving  on  sidewalks 547 

shoeing  on  sidewalks 547 

driving  through  certain  streets  prohibited 612-613 

watering  and  feeding  livestock 386 

running  at  large  prohibited 611 

slaughtering,  license  §96 368 


INDEX  TO  GENERAL  ORDINANCES.  1067 

Page 

Annexation  ordinance 24 

Apartment  houses 167-177 

Appointments — time  of 12-15 

Apportionment  warrants 28 

Architects — license  §19 351 

Appropriations — ^(see  "Taxes"). 

Babies'  Milk  Fund 651 

Municipal  Railroad  Switch 649 

Municipal  Coal  Yard 649 

Spanish  Influenza 650 

Wharf 651 

Appropriation — warrants 33 

Asiatic  Cholera  (see  "Burial"  and  "Diseases"). 

Asphalt  streets — regulating  use  and  protection 553 

Assessments  for  1919,  1920 655-664 

notice  of  raise  to  be  given 665 

retrospective 666 

Assessor — duties  as  to  assessment  by  State  Railroad  Commission,  etc.  29 

election  (Kentucky  Statutes  2906) 12 

deputies,  appointment  of 30-31 

salaries 30 

duties  in  exempting  new  industries 668 

extra  clerical  help,  draftsman,  etc.  (see  "Taxes,"  "Board  of 
Equalization,"  also  Kentucky  Statutes  2906,  et.  seq.). 
Assistant  City  Attorneys  (see  "Attorneys") 
Assistant  City  Buyer  (see  "City  Buyer") 

Attorney,  license  §19 351 

(see  "City  Attorneys"). 

pension,  license  §19 351 

Auction  bells — regulate  ringing 428 

Auctioneers — bond  of 32 

license  §20 351 

Auditor -duties  of— election  (Kentucky  Statutes  2901,  2747) 16,33 

bond  premium  paid  by  city 43 

clerk 35 

salary 35 ,581 ,728 

,  (see  ''Claims"]. 

Audit  or '  s  lie  ens  e§2 348 

Aurists — license  §19 351 

Automobiles — license  §93 366 

Automobiles — traffic   regulations    (see   also   "Taxicabs"   "jitneys," 

"Traflflc,"  "Chauffeurs,"  "Drivers") 526-540 

license  of  chauffeurs 376 

conveyance  of  human  dead  bodies 183 

pound  for 544 

shows  license  §102 368 

Babies'  Milk  Fund  Association — appropriation  for 651 

Bail — disorderly  conduct 230 

drunkenness 239 

Baihff  of  Pohce  Court  (Kentucky  Statutes  2911,  2940) 16,476,581,743 

Bankrupt's  effects — sale  by  itinerant  vendors  regulated  342 

Balls— hcense  §6 - 349 

Ball  rooms — license  §16 . 350 

Ball  throwing  devices — license  §46 356 

Barbershops — license  §21 352 

Baseball  Parks— license  §97 368 

Bathing  in  creek  and  river  or  canal 36 

Bath  houses — license  §22 352 

Baths — Public  department 35 

Bawds — consorting  with 387 

Beargrass  Creek — bathing  in — to  protect  and  regulate  use  thereof  ._  36 


1068  INDEX  TO   GENERAL  ORDINANCES. 

Page 

Beechhurst  Sanitarium 728 

Begging  forbidden 37,387 

Beggars  (see  "Paupers"). 

Bells — on  railroads — to  be  rung 556 

auction 428 

on  automobiles,  etc 32 

not  to  be  rung  near  hospital 426 

Berries— sale  by  measure  §14 1.      719 

Betting  in  pool  rooms  prohibited 491 

Bicycles  —regulation  of 526 ,531 ,534 

Bill  board— ^license  §3 348 

Billiard  Tables  §23 352 

Bills— advertising  on  property  without  consent  prohibited 18 

on  poles  or  trees  prohibited 17 

concerning  secret  diseases  prolaibited 18 

Births— certificates  of — and  returns 38 

Blank  cartridges  (see  "Explosives";. 

Boarding  houses — license  §24 352 

sanitary  regulations ,--.=. 588 ,  592 

prostitution  in 701 

Board  of  Aldermen  (Kentucky  Statutes  2767,  Constitution  160)  (see 

also  "General  Council") 12,16 

rules 751,756 

Board  of  Arbitration — for  price  of 14 

Board  of  Children's  Guardians '    727 

Board  of  Councilmen  (Kentucky  Statutes  2766,  Constitution  160) 

(see  also  General  Council) 12,16 

Clerk— election  of 12,210,742 

President — election  of 12 

rules 757,763 

Board  of  Education  (Kentucky  Statutes  2978A) 16,728 

Board  of  Equalization — compensation,  election,  Kentucky  Statutes 

2993) 14,39,729 

Board  of  Park  Commissioners  (see  "Park  Commissioners"). 

Board    of    Public    Safety — salaries,    appointments    (see   Kentucky 

Statutes  2802  et.  seq.) 13,40,180,189,581,729 

duties  of  members  to  suppress  pool-rooms 491 

members  to  attend  council  meetings '      42 

appeals  to — fire  escapes — smoke 274 

morgue  under  control  of 424 

moving  goods — reports  of  to 425 

leave  of  absence— elections 489 

workmen  not  to  be  detailed  to  other  departments 258 

to  appoint  meat  inspectors : 395 

(see  also  "Embalming;"  "Fire  Department;"  "Pohce  Depart- 
ment;" "Health  Department;"  "Workhouse;"  "Home  of  Aged 
and  Infirm;"  "Building  Department;"  "Pound  Keeper;" 
"Cemeteries;"  "City  Hospital;"  "Eruptive  Hospital;"  "Smoke." 

Board  of  Public  Works— salaries,  appointments 13,41,581,729 

(see  Kentucky  Statutes  2802  et.  seq.). 
(see  "Pubhc  Ways"). 

duties  in  laying  underground  wires 688 

members  to  attend  council  meetings 42 

workmen  not  to  be  detailed  to  other  departments 258 

employment  of  chauffeurs  for  ambulances 191 

City  Hall  Department  under 207 

Comfort  Station  department  under 212 

Board  of  Tuberculosis  Hospital,  Appointment  (Kentucky  Statutes 

3037C) 13,730 

Board  of  Water  Works— appointment  (Kentucky  Statutes  3024A). 


INDEX  TO  GENERAL  ORDINANCES. 1069 

Page 
Board  of  Women  (Kentucky  Statutes  2877A), 

Boats — ferry,  etc.,  sanitary  regulations,  cups,  towels,  etc 592 

Bond — sewer  construction 48 

Bond — of  auctioneers 32 

disorderly  conduct 230 

drunkenness 239 

electric  contract 248 

of  indemnity — excavations  in  streets 504 

jitneys - 518 

junk  dealers . 344 

j  unk  merchants 346 

liquor  dealers _' 47 

public  officers — premium 43 

public  weiglier — cottonseed  products 362 

second-hand  dealers 595 

of  companies  laying  underground  wires 695 

Bonds  and  oaths  of  officers 44 

Bond  brokers — license  §31 353 

Bonds — premiums — for  public  officials 43 

Water  company  bonds  exempt  from  taxation 46 

Bond  Recorder  (see  Kentucky  Statutes  2947). 

Boundaries  of  wards  defined 702 

Bowie  knives — salesmen  of — license  §30 353 

Bowhng  Alleys — license  §25 352 

Box  Ball  Alleys— hcense  §26 353 

Branch  Laundry  offices— license  §27 353 

Brass  Knucks  retail — license  §30 353 

Brick — purchase  by  City  Buyer 198 

Brick— test  of  those  used  in  Public  Ways ■ 505 

Brick  Streets 505 

Bridge  Contractors — license  §40 354 

Bridges — penalty  for  defacing 50 

Broker — Auctioneer  license  §20 351 

Broker — bonds,  stocks  etc.,  license  §31. 353 

live  stock  §35 354 

lumber  Ucense  §29 353 

merchandise  hcense  §32 353 

ticket  license  §33 354 

tobacco  license  §34 . 354 

Brook — R.  R.  permit  in  alley  between  Brook  and  Floyd  and  across  G.  561 

Brook  Street  Market 388 

Buggies,  license  §92 364 

Builders'  license  §40,  41 354 

Building  Code 51 

SEC.       Page 

AISLES— In  moving  picture  theaters 214  166 

Must  be  kept  open 184  153 

Width  of ,  in  theaters 206  162 

Width  of,  in  theaters  without  fly  gallery... 212  165 

ALCOVES— recesses  for 54  80 

ANCHORS— Beams  to  girders 72,73  90 

Beams  to  walls.. 72  90 

Chimney 60  83 

For  veneering  material 173,176      147,149 

Of  columns. 116  110 

Pier .-        74  90 


1070  INDEX  TO  GENERAL  ORDINANCES. 


SEC.  Page 

APARTMENT  HOUSES  AND  TENEMENT  HOUSES  _  _ 215-239      167-177 

(See  also  "Tenement  House  Law,"  City  Charter  §3037g.) 

Area  of  vent  shafts  in 235  175 

Basements  and  cellars  in 237  176 

Bottoras  of  shafts,  courts,  areas,  etc.,  in 236  175 

Cellar  stairs,  location  and  construction  of 216  168 

Cliimneys  and  fireplaces  of 234  175 

Closets  prohibited  under  staircases 218  169 

Definition  of 21  61 

Existing  buildings,  remodling  of 232  174 

Fire  escapes  in 153-239      137-177 

Fireproof  if  over  three  stories  high ....  215  167 

Hallway  inclosures  and  staircases 217  168 

Inner  courts  of 221  170 

In  rear  of  lot 223  172 

Lighting  and  ventilation  of  rooms 225  172 

Lights  in  pubUc  hallways 233  175 

Open  courts  of 221  170 

Other  buildings  on  same  lot 224  172 

Outer  and  inner  courts  may  start  from  second 

floorlevel 222  172 

Percentage  of  lot  occupied 219  169 

Privacy 231  174 

Public  hallways,  windows  required 229  173 

Size  of  rooms 228  173 

Watercloset  accommodations 238  176 

Windows  and  stair  hallways 230  174 

Windows  in  bathrooms,  etc 227  173 

Windows  in  rooms 226  173 

Yards  of 220  169 

APPEALS— to  Board  of  Safety 3  52 

ARCHES— How  built 50  79 

Trimmer,  how  built 65  86 

ASHLAR— Anchorage 39  73 

Height  of 39  73 

Minimum  thickness 39  73 

Mortarfor 39  73 

ASSEMBLY  HALLS— Cannot  be  over  thirty  feet  above 

sidewalk  unless  fireproof 213  166 

BALCONY— Of  fire  escapes 155  138 

Projection  over  public  ways 82  92 

Width  of  exit  balconies,  theatres 192  155 

BASEBALL  PARKS— Bill  boards  or  fences  around 137  126 

Stands,  requirements  for 213  166 

BASEMENTS— Defined 40  74 

Elevators 172  146 

Floors  for 58  82 

Height  of 40  74 

Of  non-fireproof  buildings 147-a  132 

Sprinkler  pipes  in 152  136 

Stairways  from 85  94 

Walls  of ,  in  apartment  houses 237  176 

BAY,  ORIEL,  SHOW  WINDOWS  AND  BALCONIES— 

Construction  of 82  92 

Projection  over  public  ways 82  92 

BEAMS— Anchors 72  90 

Bearing  of  wood 70  89 

Concrete  T  beams,  reinforced 129  119 

Cross  bridging  of 71  89 


INDEX  TO  GENERAL  ORDINANCES. 1071 

Building  Code — (Continued).  SEC.  Page 

Distance  from  flues  or  boilers 75  90 

Floor  and  roof ,  regulations  for 121  114 

Incasing  exposed  sides  of 145  131 

Reinforced  concrete  beams  and  slabs 128  118 

Safe  load  on  wood 113  109 

Spacing  of  floor 77  91 

Straps  for 73  90 

Thickness  of  header  and  trimmer 76  91 

BEARING  WALLS— Deflned 38  71 

In  flreproof  buildings 44  77 

Over  twenty-five  feet  apart,  increased  thickness      44  77 

With  openings 38  71 

BILL  BOARDS— Regulations  for 137  126 

BOILER — Distance  from  combustible  partitions 89  97 

Distance  from  dry  cleaning  establishment 178  149 

How  supported 89  97 

Inside  of  flues  for  boilers 62  84 

Location  of ,  in  theatres 208  163 

Room  in  garages 180  87 

Smoke  pipes  for 67  89 

BOLTS— Connections  for 122  115 

In  trusses 123  115 

BOND— Flemish 38  127 

To  be  filed  with  Board  of  Public  Safety 11  56 

BRICK — Brick  and  masonry  work 38  71 

Cellar  partitions,  thickness 57  82 

Face  brick  of  different  thickness  from  backing.  38  71 

Partitions,  limiting  height  and  length 56  81 

Pressure  on 108  106 

Quality . 22  64 

Soft  brick  not  allowed  in  cellar 22  64 

BUILDINGS— Definitions  of  various  buildings 21  63 

Distance  between  frame 174  148 

Division  walls,  separating  rows  of... 177  149 

Dumb  elevators  in  fireproof 171  146 

Existing  apartment  houses,  remodling  of 232  174 

For  storage  of  oils  must  be  fireproof 182  152 

Foundation  walls  of  frame 173  147 

Height  of  cellar  and  basement 40  74 

Height  of,  defined 40  74 

Height  of  stories 41  75 

Inclosure  walls  for  skeleton . 47  78 

In  dwelling  house  class 42  75 

In  warehouse  class 43  76 

Maximum  height  outside  of  fire  limits 40  74 

Miscellaneous  buildings. 240  178 

On  rear  of  lot  used  as  residence 223,175      172,149 

On  same  lot  with  tenement  houses,  regulations 

for 224  172 

Over  seventy-five  feet  high  must  be  equipped 

with  standpipes 148  134 

Over  eighty-five  feet  high  must  be  fireproof 147-a  132 

Public — classification  of 183  153 

Skeleton  constructed  buildings 116  110 

Smokehouses 241  178 

That  must  be  fireproof 147-a  132 

Thickness  of  bearing  walls  of  dwelling  house 

class 42  75 

Thickness  of  bearing  walls  of  warehouse  class  .  43  76 

To  be  examined 4  52 


1072 INDEX  TO  GENERAL  ORDINANCES. 

Building  Code — (Continued).  SEC.  Page 

Unlimited  walls  defined 44    •  77 

Unsafe  buildings,  condemnation, -etc 4  52 

Veneered,  height,  etc 176  149 

Walls  for  public  buildings 45  77 

WaUs  of  fireproof  buildings 139  127 

BULKHEADS,  PENT  HOUSES  AND  SCUTTLES— Con- 
struction   of 94  100 

CELLAR— Defined .' 40  74 

Floors  of 58  82 

Floors  of ,  in  apartment  houses 237  176 

Height  of 40  74 

Or  basement  in  apartment  houses 237  176 

Partition  walls 57  82 

Stairs  in  apartment  houses 216  168 

Stud  partitions,  when  used 57  82 

Walls  of  frame  buildings 178-  147 

CEMENTS— Bricklayer's,  definition  of 22  64 

Certificate  of  inspection ■  23  65 

Tests 23  65 

CERTIFICATE  OF  INSPECTION— For  cements 23  65 

For  elevators 163  140 

CHASES— Aggregate  area  for 54  80 

InwaUs 53  80 

Regulations  for 54  SO 

CHIMNEYS— Anchors 60  83 

Flues  of 63  85 

Height  above  roof 63  85 

Material  composing 60  83 

Mortar 63  85 

Of  apartment  houses 234  175 

Of  cupolas 61  84 

Outside  metal  flues 62  84 

Piers  supporting 60  83 

Thickness  of  walls 62  84 

Thickness  of  walls,  cottages 63  85 

Tops  of 60  83 

When  to  be  covered  with  netting 60  83 

CINDERS — Prohibited  in  reinforced  concrete  work 126  117 

COLUMNS— Allowable  stress  in  wood 112  108 

Allowable  stress,  steel  and  cast  iron 112  108 

Bearing  strength  of 103  105 

Cast  iron,  regulations  for 118  113 

Eccentrically  loaded 112  108 

For  party  walls 119  114 

Foundation  for  iron  or  steel 116  110 

Incasing  interior  columns,  fireproof 116,144      110,130 

Incasing  interior  columns,  non-fireproof 146  132 

Incasing  of 116  110 

Least  dimensions 21  64 

Party  wall  columns 119  114 

Reduction  of  live  load  of 104  105 

Reinforced  concrete,  requirements  for 128  118 

Shoes  for  columns 117,118  113 

Steel  and  wrought  iron,  regulations  for 117  111 

Steel  lattice  bars  for  columns 116  110 

Stone  posts  under  interior,  prohibited 38  71 

Strength  of  temporary  supports 106  105 

COLUMNS  AND  PLATES— Regulations  for 79  91 

CONCRETE— Around  top  of  piles.. 34  69 

Beams  and  slabs  of ,  reinforced.. 128-129      118-119 


INDEX  TO  GENERAL  ORDINANCES. 1073 

Building  Code— (Continued).  SEC.  Page 

Blocks,  regulations  for 134  123 

Columns  of  reinforced 128  118 

Design  of  reinforced  concrete  member 131  121 

Drawings  of  reinforced  work  submitted 125  117 

Floor  slabs 130  120 

For  foundation,  component  parts  of 24  65 

Forms 127  118 

Material  of  reinforced 126  117 

Protection  of  metal  in 130  120 

Quality  of  Material 24  65 

Tbeams 129  119 

Thickness  of  footing  course,  if  concrete..: 36  70 

Variation  in  design 133  123 

Working  stresses  reinforced _        .  132  122 

CONDEMNATION— Unsafe  buildings 4  52 

CORNICES  AND  GUTTERS— Construction  of 95  101 

Of  buildings  three  or  more  stories  high 147-a  132 

Unsafe  to  be  removed .  95  101 

CORRIDORS— Fireproof 191  155 

Minimum  width 188  154 

COTTAGES— waUs  for 59  83 

COURTS— Depth  of,  below  floor  level 236  175 

May  start  at  second  floor  level l 222  172 

Must  be  fireproof 191  155 

Must  be  unobstructed  in  apartment  houses 121  114 

Size  of  inner,  for  apartment  houses 221  170 

Size  of  outer,  for  apartment  houses 221  170 

Theaters  must  have  open 190  155 

CROSS  BRIDGING— For  floor  beams 71  89 

CURTAINS— Distance  from  footlights 199  158 

Regulations  for  theaters 199  158 

DEFINITIONS— Apartment  houses 21  61 

Clubhouse 21  61 

Fireproof  buildings 21  61 

Frame  buildings 21  61 

Garages,  public  and  private 21  61 

Hotels 21  61 

Incombustible  material 21  61 

Ironclad  buildings 21  61 

Mill  construction 21  61 

Office  buildings 21  61 

Ordinary  masonry  buildings 21  61 

Private  dwellings 21  61 

Slow  burning  buildings 21  61 

Tenement  houses 21  61 

Veneered  buildings ....  21  61 

Warehouse , 21  61 

DEMOLISHING  AND  MOVING  BUILDINGS— 

Application  for  permit 16  59 

Raising  frame  buildings 18  60 

Remodeling  buildings  in  fire  limits 19  60 

Removing  rubbish 17  59 

Temporary  and  detached  structures 20  60 

Unsafe  buildings 4  52 

DRY-CLEANING    ESTABLISHMENTS— Regulations 

for 178  149 

Steam  pipes  in 151  136 

Storage  of  volatile  substances  in 181 ,182      151 ,152 

DRYING  ROOM— Fireproof  construction 91  99 

Regulations  for,  etc 178  149 


1074 INDEX  TO  GENERAL  ORDINANCES. 

Building  Code— (Continued).  SEC.  Page 

DUCTS— For  pipes 80  92 

For  ventilation 69-a  88 

Material  and  thickness  in  fireproof  buildings...  69-a  88 

Vent,  in  public  schools 69-b  88 

DWELLING  HOUSE— Walls  for 42  '75 

DUMB  WAITERS— Regulations  for 171  146 

ELEVATORS— Automatic,  passenger,  where  used 172  146 

Basement  and  sidewalk  elevators 172  146 

Cable,  head  room  and  brakes 170  144 

Capacity  of  passenger 172  146 

Care  of  elevators 163  140 

Cars 168  143 

Certificate  of  inspection 163  140 

Coal,  sand  and  gravel,  location  of 240  178 

Dumbwaiters 171  146 

Enclosures  for 21-164  61-141 

Magnetic  controlled 169  144 

Openings  in  elevator  shafts 165  142 

Penalty  for  operating  without  certificate 163  140 

Pent  houses 94-166      100-142 

Permit  for  erection  of 163  140 

Plansfor 12  56 

Power  of  Inspector  of  Buildings  regarding 172  146 

Records  of  inspection 163  140 

Riding  on  freight  elevator  prohibited 172  146 

Screens 167  143 

Speed  of  passenger  elevators . 170  144 

Unlawful  to  run  without  inspection 163  140 

ENTRANCES— For  theaters 187  154 

Width  of 188  154 

EXCAVATIONS— Over  ten  feet 29  67 

Penalty  on  failure  to  protect  walls 29  67 

Plans  to  show  character  of  soil . 28  67 

Retaining  walls  for,  by  whom  built ._- 30  67 

To  be  guarded , 28  67 

General  provisions .-..., .- 28-37  67-71 

EXITS — Emergency,  regxilations  for 192  155 

For  moving  picture  theaters 214  166 

Lights  in  theaters 211  165 

Width  of 188  154 

EYE  BARS— Regulations  for 123  115 

FIRE  APPLIANCES— Extingmshers  in  garages 180  150 

Hose  connection 149  135 

In  moving  picture  theatres 214  166 

In  theaters 209-210      163-164 

Sprinkler  pipes  in  cellars 152  136 

Standpipes,  regulations  for 148  134 

Steamer  connection 150  135 

Steam  pipes  in  dry  cleaning  establishments 151  136 

FIRE  ESCAPES— (See  also  "Fire  Escapes"  page  273 ; 

"Tenement  House  Law,"  Charter  Sec.  3037g.) 

Balconies 154  137 

Brackets 155  138 

Dropladders 159  139 

Floor  of  balconies 156  138 

In  apartment  or  tenement  houses 239  177 

Inside  stairways 161  140 

Other  forms  of 162  140 

Painting 160  140 

Plansfor 12  56 


INDEX  TO  GENERAL  ORDINANCES. 1075 

Building  Code — (Continued).  SEC.  Page 

Railings 157  138 

Stairways 158  139 

Where  erected 153  137 

FIRE  LIMITS— Description  of 147-b  133 

No  frame  or  iron-clad  building  allowed  in 147-b  133 

Remodeling  frame  buildings  in 19  60 

Sheds  may  be  erected  in 20  60 

FIREPLACES— Of  apartment  houses 234  175 

Regulations  for 64  85 

FIREPROOF  CONSTRUCTION— 

Buildings  which  must  be  of 147-a  132 

Definition  of 21  61 

Division  walls  tobeof 177  149 

Elevator  enclosures  in  fireproof  buildings 164  141 

Floor  filling  between  beams 143  130 

Foundation  and  walls 139  ir.7 

Incasing  girders  and  beams 145  131 

Incasing  interior  columns 144 ,  146      130-132 

Of  apartment  and  tenement  houses 147-a-215      132-167 

RoUing  metal  shutters 142  129 

Shutters  and  doors 140  128 

Shutters  to  open  from  outside 142  129 

Stairs  and  stair  halls 139  127 

Theaters 203  161 

Walls,  floors,  roofs  and  partitions 139  127 

When  buildings  are  considered 147-a  167 

Window  frames  and  wire  glass 141  129 

FIRE  WALLS— Of  smoke  houses 241  178 

Thickness  and  height 51  79 

FLOOR— Beams  to  be  beveled 70  89 

Cement  floors  in  dry  cleaning  establishments.-  178  149 

Construction,  tests  of 143  130 

Fireproof  filling  between  beams  of 143  130 

Floor  and  roof  beams 121  114 

For  cellars  and  stories 58  82 

Loads  on 100  103 

Load  to  be  distributed 105  105 

Of  fireproof  buildings 139  127 

Of  moving  picture  theaters 214  166 

Registers  prohibited  in  aisles 208  163 

Slabs,  reinforced  concrete 130  120 

Spacing  of  joists 77  91 

Strength  of  existing  floors  to  be  calculated 102  104 

FLOOR  LIGHTS— Construction  of 88  96 

FLUES— Beams  near 75  90 

Hot  air 1 66  86 

Lining  of 63  85 

Metal 62  84 

Size  of  minimum 63  84 

Thickness  of  walls 63  84 

Vent  flues,  construction  of 69-a  88 

Walls  of  high  pressure  boiler  flues 62  84 

FLY  GALLERY— Construction  of,  theaters 202  160 

Theaters  without,  regulations  of 212  165 

FOOTINGS— Pressure  under  foundations 32  68 

FORMS— Of  concrete 127  118 

FOUNDATIONS— Base  course 36  70 

Concrete  for 24  65 

Concrete  pile 35  70 

Depth  of 33  69 


1076 INDEX  TO  GENERAL  ORDINANCES. 

Building  Code— (Continued).  SEC.  Page 

Footing  for,  how  computed 32  68 

For  stud  partitions  in  cellar 57  82 

GrUlagein 37  71 

Headers  in 36  70 

Material  and  thickness ^-.-  36  70 

Mortar  for 36-39  70-73 

Of  fireproof  buildings 139  127 

Of  frame  buildings 173  147 

Of  iron  and  steel  columns 116  110 

Ventilators  in  foundation  walls 173  147 

Wood  piles,  number  and  spacing 34  69 

FOYER— Regulations  for  in  theaters 207  163 

FRAME  BUILDINGS— Buildings  on  rear  of  lot 175  149 

CeUarwaUsof 173  147 

Damaged  fifty  per  cent  not  to  be  repaired  in  fire 

limits 19  60 

Definition  of 21  61 

Dividing  walls  of  row  of  buildings 177  149 

Foundations  of,  depth,  thickness,  etc •  173  147 

Framing  of 173  147 

Inside  walls  may  be  nine  inches  thick 173  147 

Material  and  construction 173  147 

Not  to  be  erected  in  fire  limits 147-a  132 

On  rear  of  lot  used  as  residence 175  149 

Raising  of 18  60 

RemodeUng  of  frame  buildings  in  fire  limits 19  60 

Row  of  frame  buildings 177  149 

Spacing  of 174  148 

Veneered  building,  height  and  fastening 176  149 

FURNACES— Flooring  under 89  97 

Registers  over... 89  97 

Regulations  for 90  98 

Warm  air 90  98 

GARAGES— Definition  of 21  61 

Existing  public  garages  must  be  made  slow 

burning 179  150 

Fire  extinguishers '. 180  150 

Heating  and  hghting  in _ 180  150 

Public  garages  must  be  fireproof 147-a,  179  150 

Storage  and  handUng  of  volatile  substances....  181  151 

GAS— Flues _. 69-c  88 

Stoves,  location 92  99 

GASOLENE— Storage 181,182      151-159 

(see  also  pp.  429,  445). 

GIRDERS— How  anchored 73  90 

How  supported * 21  61 

Incasing  of 116-145      110-131 

Over  proscenium  waU  theaters. 198  158 

Painting  of 124  116 

GRILLAGE— In  foundations 37  71 

GUTTERS— Construction  of 95  101 

HALLS— Exit  hghts  in 211  165 

Located  thirty  feet  above  sidewalk 213  166 

Location  of  haU  seating  over  500.. 213  166 

HEADERS— Beams,  distance  from  chimney  breasts..  75  90 

In  brick  walls 38  71 

In  stone  walls 36  70 

Thickness  of  header  and  trimmer  beams 76  91 

Width  of 36  70 


INDEX  TO  GENERAL  ORDINANCES. 


1077 


Building  Code— (Continued).  SEC.  Page 

HEIGHT— Increasing  height  of  old  walls 48  78 

Of  buildings,  how  measured 40  74 

Of  cellars  and  basements 40  74 

Of  isolated  piers 38  71 

Of  non-fireproof  buildings 40  74 

Of  stories 41  75 

HEATING  APPARATUS  AND  DRYING  ROOMS 89-93  97-100 

HOT  AIR  FLUES,  PIPES  AND  VENT  DUCTS— 

Regulations  for 66  86 

HOT  AIR  PIPES— Cellar,  to  be  incased 90  98 

Construction  of 68  87 

Distance  from  studding 68  87 

Horizontal  pipes 68  87 

In  closets 68  87 

Inspection  before  covering 68  87 

Regiilation  of 66,68  86-87 

HOT  WATER  PIPES— Protection  through  floors  of...  69-c  88 

Regulation  for 69-c  .88 

INFLAMMABLES— BuUdings  for,  must  be  fireproof..  182  152 

Storage  of 182  152 

Storage  of ,  in  connection  with  garages 181  151 

Appeal  to  Board  of  Public  Safety 3  52 

Appointment  of 1  51 

Authority  to  demolish  buildings 4  52 

Authority  to  enter  buildings 5,102  54-104 

Duties  of 2  52 

Examine  all  biiildings 4  52 

Inspect  schools,  public  halls,  churches,  thea- 
ters, etc 9  55 

Notices  regarding  unsafe  buildings 4  52 

Notifiedof  installation  of  heating  apparatus 93  100 

Owner  liable  to  fine 4  52 

Powers  of  Inspector  or  Assistant 2  52 

Powers  of ,  in  theaters 185  153 

Powers  of,  in  theaters  and  public  buildings 9  55 

Revocation  of  permit 6  54 

Suspension  of  work . 5  54 

To  act  on  failure  of  owner 4  52 

To  cause  repairs  to  be  made  on  elevators 172  146 

To  determine  the  maximum  load  for  floors 102  104 

To  estimate  damages  to  buildings 19  60 

To  inspect  plastering  around  heating  pipes 68  87 

To  make  tests 8  55 

Unsafe  buildings 4  52 

INSPECTOR  AND  ASSISTANTS 1  51 

Duties  generally 2,4,9    52-52-55 

To  condemn  unsafe  Buildings 4  52 

Right  to  enter  buUdings 5  54 

Revocation  of  permits 6  54 

To  make  tests 9  55 

Fire  inspection  and  notice 185  153 

IRON  AND  STEEL  CONSTRUCTION— General  provi- 
sions  116-124      110-116 

IRON— Cast  iron  lintels 120  114 

Cast  iron,  quality  and  strength 27  66 

Iron-clad  buildings 21  61 

Wrought  iron,  quaUty  and  strength 27  66 

LADDERS— Drop  ladders  of  fire  escapes 159  139 

Engineers' stationary 84  94 

LIGHTS— Exit  lights  in  theaters 211  165 


1078  INDEX  TO  GENERAL  ORDINANCES. 

Building  Code— (Continued).  SEC.  Page 

In  public  hallways 233  175 

On  vehicles  in  garages  must  be  extinguished 180  150 

To  be  kept  on  pubhc  obstructions 14  58 

LINTELS — Cast  iron,  maximum  span  and  bearing  of  _  _  120  114 

Concrete 124  116 

How  built 50  79 

Timber,  inside 50  79 

LOADS— Floor 100  103 

For  masonry  work 108  106 

For  wood  beams 133  123 

On  existing  floors  to  be  determined  by  the  In- 
spector of  Buildings 102  104 

On  floors  to  be  distributed 105  105 

Reduction  of  live  loads  in  columns 104  105 

Roof 101  104 

Temporary  supports 106  105 

Wind ,- 115  110 

MASONRY— Safe  load  for . ,-..  108  106 

WaUs,  how  built ,---._ 38  71 

MATERIAL— In  foundation  walls 36  70 

Of  reinforced  concrete 126  117 

Ofwalls 38  71 

Strength  of 107-115      106-110 

Structural 27  66 

Tests  of  new 26  66 

Weights  of 107  106 

General  provisions  on 22-27  64-66 

MORTAR— Cement 22  64 

Cement  and  lime 22  64 

Cement  mortar  required  in  cottage  walls 59  83 

For  foundati(5n  walls 36-39  70-73 

For  other  walls 39  73 

Lime 22  64 

MOVING  BUILDINGS— Application  for  permit 16  59 

Permit  to  occupy  streets 16  59 

MOVING  PICTURE  THEATERS  OR  ROOMS— 

Construction  of  machine  booth 214  166 

Location  of  machine  booth 214  166 

Regulations  for 214  166 

Seating  over  500  must  be  fireproof 147-a-214      132-166 

NOTICE— Of  change  in  heating  system 93  100 

Fire  protection 185  153 

OILS — Capacity  of  tank  containing 181  151 

Maximum  quantity  to  be  kept  in  open  vessels__  181  151 

Must  not  be  drained  in  sewer 182  152 

Storage  and  handling  of,  in  garages 181  151 

Storage  of  inflammable 182  152 

ORIEL,  SHOW  WINDOWS,  ETC.— Construction  of 82  92 

PAINTING— Of  fire  escapes 160  140 

Regulations  for  metal  work 124  116 

PARTITIONS— Bearing  partition  walls  in  cellars 57  82 

Brick  and  hollow  tile 56  81 

Inclosure  of  stair  halls 139  127 

In  fireproof  buildings 139  127 

Inside  walls  of  frame  buildings 173  147 

In  theaters  to  be  fireproof - 203  161 

General  provisions 38-59  73 

Reducing  thickness  of  interior 46  77 

Walls  between  rows  of  cottages 177  149 

PARTY  WALLS— Columns  for 119  114 


INDEX  TO  GENERAL  ORDINANCES. 


1079 


Building  Code— (Continued).  SEC.  Page 

Existing  party  walls 48  78 

In  non-fireproof  buildings 44  77 

Lining  existing  walls 48  78 

PENALTIES— For  building  after  permit  is  revoked _  _ .  6  54 

For  failure  to  make  building  safe 4  52 

For  failure  to  protect  walls  during  excavation. _  29  67 

For  failure  to  repair  elevator 172  146 

For  general  violations  of  ordinance 242  178 

For  not  closing  fire  shutters 140  128 

For  opening  or  closing  elevator  doors  while  in 

motion 168  143 

For  operating  elevator  without  certificate 163  140 

PENT  HOUSES— Construction  of 94  100 

Of  non-fireproof  buildings 166  142 

PERMITS— Apphcation  for 12  56 

Bond  to  be  given 11  56 

Elevator,  fire  escape,  plumbing  and  electrical.  _  12  56 

For  demolishing  and  moving  buildings 16  59 

For  erection  of  elevators 163  140 

For  signs 135  125 

Limit  of J 7  55 

Plans  and  specifications  to  accompany.  _1 12,13  56,57 

Requirements  for 10  56 

Revocation  of ,  and  penalties 6  54 

Special  permit  for  smoke  pipes  through  roofs. .  67  87 

To  occupy  streets 14  58 

Without  drawings 13  57 

PIERS— Anchors 74  90 

Isolated,  height  of .. 38  71 

Of  concrete  blocks 134  123 

Of  coursed  stone 38  71 

When  used 38  71 

PILES— Concrete  around  top  of 34  69 

Concrete  molded  in  place 35  70 

Maximum  load  on  concrete 35  70 

Maximum  load  on  wood 34  69 

Wood , 34  69 

PIPES — Asbestos  paper  not  used  over  smoke 90  98 

Covering  for  steam  and  hot  water 69-c  88 

Ducts  for,  must  be  fire-stopped 80  92 

Hot  air,  construction  of 66-68  86-87 

Hot  water,  regulations  for 69-c  88 

Plumbing 69-c  88 

Smoke  pipes  for  furnaces 90  98 

Smoke  pipes  through  floor 66  86 

Smoke  pipes  through  partitions 66  86 

Smoke  pipes  through  roof 67  87 

Stand  pipes,  regulations  for 148  134 

Steam  and  hot  water 69-c  88 

Steam  and  hot  water  through  floors 69-c  88 

Stove  distance  from  wood 66  86 

Supply  and  exhaust,  in  theaters  to  be  incased.  208  163 

Thimbles  for  smoke 67  87 

PLANS— All  changes  to  be  recorded 13  57 

And  specifications  for  elevators 163  140 

For  electrical  signs 12,138  56,126 

For  reinforced  concrete  construction 125  117 

Permit  without 13  57 

Plans  for  fire  escapes,  elevators,  etc 12  56 

To  accompany  application 12  56 


1080  INDEX  TO  GENERAL  ORDINANCES. 

Building  Code— (Continued).  SEC.  Page 

To  be  made  In  ink 13  57 

To  show  character  of  soil 28  67 

PLUMBING  PIPES— (See  also  "Plumbing  Department"). 

Regulations  for 69-c  88 

PROSCENIUM  WALL— Doorways  in 199  158 

Provided  with  a  fire  curtain 199  158 

Regulations  for 198  158 

PUBLIC  BUILDINGS— 183,214      153,166 

Aisles  and  passageways  to  be  kept  open 184  153 

Buildings  classed  under  tills  head 183  153 

Lights  to  be  kept  burning  at  night 233  175 

Power  of  Inspector  of  Buildings  relative  to 185  153 

PUBLIC  HALLS— (See  Theaters). 

Above  sidewalk  level 213  166 

PUBLIC  WAYS— Lights  to  be  kept  on  obstructions-..  14  58 

Space  to  be  occupied 14  58 

Use  of 14  58 

RANGES— Foundations  for 92  99 

Location  near  partitions 92  99 

Metal  hoods  over 92  99 

RECESSES  OR  .CHASSES— Aggregate  area  for 54  80 

For  alcovfes 54  80 

For  pipes 54  80 

Inwalls 53  80 

REINFORCED  CONCRETE— Assumption  in  design...  131  121 

,     Beams  and  slabs 128  118 

Columns 128  118 

Drawings  and  specifications 125  117 

Floor  slabs 130  120 

Forms,  requirements  for 127  118 

Materials  of _--. 126  117 

Maximum  allowable  stresses 132  122 

Strain  sheet  and  computations 125  117 

Tbeams 129  119 

Variations  in  design 133  123 

RETAINING  WALLS— By  whom  built 30  67 

Thickness 30  67 

RIVETS— Allowable  shear 110  107 

In  trusses 123  115 

Regulations  for 122  115 

ROOFS— Construction  of  mansard 94  100 

Cornices  and  gutter^ 95  101 

Covering  of 97  102 

Floor  and  roof  beams 121  114 

Incombustible 98  102 

Leaders  from 99  103 

Loads 101  104 

Of  fireproof  buildings 139  127 

Over  elevator  shafts  to  be  fireproof 165  142 

Over  stair  hall  inclosures,  construction  of 87  95 

Signs  on 136  135 

Stairs  to,  in  apartment  houses 217  168 

Tanks  on 96  102 

Theaters  to  be  fireproof 203  161 

ROOMS— Access  to 231  174 

In  basement  of  apartment  houses 237  176 

Lighting  and  ventilation  of  tenement  houses  ..  225  172 

Size  of ,  in  apartment  houses 228  173 

Windows  in,  apartment  houses 226  173 

RUBBISH— Removal  of 17  59 


INDEX  TO  GENERAL  ORDINANCES.  1081 


Building  Code— (Continued).  SEC.  Page 

Wetting  of 17  59 

SAFE  LOADS— For  masonry  work 108  106 

For  wood  beams ..     _     .._  .  113  109 

SAFETY— Factor  of 114  109 

SAND— Elevators,  location  of 240  178 

Quality  of 22  64 

SCUTTLES— Regulations  for 94  100 

SEATS— Arrangement    of,    in    theaters    without    fly 

gallery 212  165 

In  moving  picture  theaters 214  166 

Not  to  be  placed  in  aisles 184  153 

Spacing  of ,  in  theaters 206  162 

SHAFT — Area  of  vent  shaft  in  apartment  houses 235  175 

Bottom  of  shafts,  courts,  areas,  etc 236  175 

Depth  of,  below  floor  level 236  175 

Enclosures  for  elevator 21,164  61,141 

Light  and  vent,  how  constructed, 55  81 

Openings  in  elevator .     .  165  142 

SHEATHING  AND  WAINSCOTING— 

Not  more  than  six  feet  high 81  92 

Proliibited  in  certain  buildings ..  81  92 

SHEDS— Area  of 20  60 

Height  of '. 20  60 

In  fire  limits,  may  be  erected 20  60 

Permanent  sheds  in  fire  limits 20  60 

Temporary  and  detached _.  20  60 

SHOW  WINDOV/S— Regulations  for 82  92 

SHUTTERS— Construction  of  fireproof  shutters  and 

doors 140  128 

Fireproof  shutters  and  doors,  where  required..  140  128 

Rolling  metal 142  129 

To  open  from  outside 142  129 

SIDEWALK— Construction  of 15  59 

Elevators 172  146 

Use  of  space  under .__  ._     ....  15  59 

SIGNS— Bill  boards 137  126 

Dangerous,  must  be  removed 137  126 

Electric,  regulations  for . 138  126 

Over   sidewalk   approved   by   Board   of   Public 

Works 135  125 

Permit  for  and  regulations  for 135  125 

Roof ...  136  125 

SKELETON  CONSTRUCTION— Framing  of 116  110 

Must  be  independent  of  each  other 116  110 

Regulations  for _._       ...  ...  ...  .     116  110 

SKYLIGHTS  AND  FLOOR  LIGHTS 88  96 

Construction  of  floor  lights 88  96 

Oftheaters 200  159 

Over  elevator  shafts 165  142 

Regulations  for 88  96 

SLABS— Concrete 128  118 

Floor,  reinforced  concrete . 130  120 

SMOKE  HOUSES— Construction  of 241  178 

Must  be  fireproof 147-a  132 

SMOKE  PIPES— How  protected,  thimbles 67  87 

Not  to  pass  through  floors 66  86 

Not  to  pass  through  roofs 67  87 

Special  permit 67  87 

SOIL — Bearing  capacity  of 31  68 

Plans  to  show  character  of 28  67 


1082 INDEX  TO  GENERAL  ORDINANCES. 

Building  Code — (Continued).                                                        SEC.  Page 

Tests  of  the  sustaining  power  of 31  68 

SPACING— Frame  buildings 174  148 

SPRINKLERS— Automatic 154,210      137,164 

STAGE— Fly  gallerj  over 203  161 

Wood  floor  permitted . 203  161 

STAIRWAYS— 

Cellar  stairs  of  apartment  and  tenement  houses  216  168 

Clearance  of 83  93 

Closets  projiibited  under 218  169 

Construction  of  fireproof  material  in  theaters  .  194  156 

Enclosure  for 21  61 

From  basements 85  94 

Hallway  enclosures  for 87-139  95,127 

Handrails  of  stairs  in  theaters 197  157 

In  contact  with  elevator  shaft 167  143 

In  fireproof  buildings 139  127 

In  public  buildings 85  94 

Inside  stairways  of  theaters 193  156 

Inside  stairways  used  as  fire  escapes 161  140 

Number  and  width  regulated  by  occupancy 85  94 

Number  regulated  by  area  of  building 86  95 

Regulations  for  width  risers,  treads,  etc 83  93 

Risers  and  treads  of  stairs  in  theaters 194  156 

Stair  landing  in  theaters 196  157 

Stairways  for  apartment  houses 217  168 

Width  of  stair  landings 83  93 

Width  of  stairways  in  theaters 195  168 

Winding  stairways 83  93 

STAND  PIPES— Hose  connections  to 149  135 

In  theaters  without  fly  gallery 212  165 

Material  of  and  location 148  134 

Must  be  provided  with  Siamese  connection 150  135 

Required  on  all  buildings  over  seventy-five  feet 

high . 148  134 

Size  and  location  of,  in  theaters 209  163 

Size  of 148  134 

STEAM  AND  HOT  WATER  PIPES— Regulations  for  ..  69-c  88 

STEEL— Allowable  bending  stress 111  107 

Allowable  shear 110  107 

Cast,  quality  and  strength ■       27  66 

Compressive  strain 109  106 

Independent  of  walls 116  110 

Lattice  bars  for  columns 116  110 

Painting  of 124  116 

Quality  and  strength 27  66 

Steel  and  wrought  iron  columns 117  111 

Steel  and  wrought  iron  trusses 123  115 

Strength  of  steel  columns 112  108 

Tensile  strain 109  106 

STORAGE  OF  VOLATILE  SUBSTANCES,  OILS,  ETC  _  181 ,  182  151 ,  152 

STORIES— Defined 41  75 

Height  of 41  75 

Thickness  of  walls  increased v 41  75 

STOVES— Regulations  for 92  99 

STRAPS— Beam 73  90 

Girder 73  90 

STREETS— Lights  on  obstructions 14  58 

Obtain  grade 14  58 

Permit  to  occupy  in  moving  buildings 16.  59 

Space  to  be  occupied 14 ,  15  58 ,  59 


INDEX  TO  GENERAL  ORDINANCES. 1083 

Building  Code— (Continued).  SEC.  Page 

STRENGTH  OF  MATERIALS— General  provisions. -_107-115      106-110 

STRESSES— Allowable  bending  stress 111  107 

Allowable  compressive  strain 109  106 

Allowable  shear 110  107 

Allowable  stress  in  columns 112  108 

Allowable  tensile  strain 109  106 

Columns  eccentrically  loaded 112  108 

Internal  stresses  in  concrete 131  121 

Maximum  allowable  stresses  in  reinforced  con- 
crete   132  122 

Safe  load  for  masonry 108  106 

Weights  used  in  figuring 107  106 

STUDDING— Minimum  size  and  spacing  of 78  91 

Minimum  thickness  of,  for  frame  buildings 173  147 

Thickness  of 78  91 

TANKS— Capacity  of  water 150  135 

Construction  of 96  102 

Location  of 96  102 

Volatile  substances  to  be  stored  in 181  151 

TENEMENT  HOUSES— 

(See  "Apartment  Houses;"  "Tenement  House 
Law,"  City  Charter,  Sec.  3037g). 

Definition  of 21  61 

Fireproof  when  over  three  stories 215  167 

General  provisions 215-239      167 ,177 

TESTS— Cost  of 8  55 

Of  bearing  pov/er  of  piles 35  70 

Of  cement 23  65 

Of  concrete  blocks . 134  123 

Of  floor  construction . 143  130 

Of  new  material 26  66 

Of  reinforced  concrete  designs  to  destruction..  133  123 

Of  safety  of  buildings 8  55 

Of  the  sustaining  power  of  soil 31  68 

Of  ventilator 201  160 

Piles  to  be  driven 34  69 

THEATERS— Aisles  in 206  162 

Boiler  room,  construction  of 208  163 

Buildings  termed  theaters 186  154 

Courts  and  corridors  fireproof 191  155 

Curtain,  regulations  for 199  158 

Doors  to  open  outwardly 194  156 

Dressing  rooms,  location  of,  etc 204  161 

Emergency  exits 192  155 

Entrance  and  exits 187  154 

Exitlights_    211  165 

Fireproofing  of  scenery,  etc 203  161 

Fly  galleries 202  160 

Foyers,  capacity  of 207  163 

Gradients  in 189  155 

Handrails  of  stairs 197  157 

Heating 208  163 

Inside  stairways 193  156 

Lights 211  165 

Location  of  stage 187  154 

Moving  picture 214  166 

'Must  be  fireproof 147-a  132 

Obstruction  in  aisles  _  _ . , 184  153 

Pov/er  of  inspector 185  153 

Proscenium  wall 198  158 


1084  INDEX  TO  GENERAL  ORDINANCES. 

Building  Code — (Continued).  SEC.  Page 

Risers  and  treads  of  stairways 194  156 

Roof  to  be  fireproof  construction 203  161 

Seats  and  aisles 206  162 

Side  courts 190  155 

Skylights  for 200  159 

Sprinklers,  automatic 210  164 

Stage,  construction  of 202  160 

Stageless  than  twenty  feet  deep,  regulations  for  212  165 

Stair  landings  in 196  157 

Standpipes 209  163 

Ventilator 201  160 

Width  of  main  corridor 188  154 

Width  of  stairways 195  .    157 

Windows_. 205  162 

Wood  prohibited 203  161 

THIMBLES— Dimensions  of 67  87 

Regulations  for 67  87 

TIMBER— Quahty  of 25  66 

TRIMMER— Construction  of 76  91 

Thickness  of  trimmer  beams 76  91 

TRIMMER  ARCHES— Dimensions  of 65  86 

Regulations  for 65  86 

TRUSSES— Painting 124  116 

Pin — connected 123  115 

Steel  and  wrought  iron 123  115 

Unsafe 4  52 

VAULTS— Opening  in  sidewalks 58  82 

Railingsfor 58  82 

Roofs  of 58  82 

Wallsof 58  82 

VENTILATION— Ducts  for,  regulation  of 69-a,  69-b  88 

Of  dry  cleaning  establishments 178  149 

Of  rooms  in  apartment  house 225  172 

VENTILATOR— 

May  be  used  instead  of  skylights  in  theaters__.  201  160 

Regulations  for . 201  160 

Tests  of . 201  160 

VENTS — Area  of  vent  shafts  in  apartment  houses 235  175 

Ducts  in  public  schools 69-b  88 

Flues  for  ventilation 69-a  88 

For  gas  stoves  and  grates 69-c  88 

Shafts,  how  constructed 55  81 

WAINSCOTING— Not  to  exceed  six  feet  in  height 81  92 

WALLS — Adjoining  walls,  minimum  thickness 47  78 

Bearing  walls  defined - 38  71 

Bearing  v/alls  in  cellar 57  82 

Bearing  walls  over  twenty-five  feet  apart 44  77 

Bearing  walls  with  openings 38  71 

Bracing  of . 49  79 

Brick  and  hollow  tile  partitions 56  81 

Cellar  partitions  in  residences 57  82 

Cellar  walls  of  frame  buildings 173  147 

Division  walls  separating  cottages 177  149 

Existing  party  walls 48  78 

For  cottages 59  83 

For  light  and  vent  shafts 55  81 

For  vaults,  areaways  and  cellars 58  82 

Foundation 36  70 

Foundation,  of  frame  buildings 173  174 


INDEX  TO  GENERAL  ORDINANCES. 


1085 


BuDding  Code— (Continued).  SEC.  Page 

Headers  in  stone 36  70 

Heading  courses  in  brick 38  71 

Hollow  walls  defined 52  80 

Howbuilt 38  71 

Inclosure  walls  of  skeleton  buildings 47  78 

Increased  or  reduced  in  thickness 46  77 

Increasing  height  of  old 48  78 

Interior  walls  reduced  in  thickness  when 46  77 

Lining  old  walls 48  78 

Material  of 38  71 

Mortarfor 39  73 

Of  coursed  stone 38  71 

Of  fireproof  buildings 139  127 

Of  public  buildings 45  77 

Over  one  hundred  and  five  feet  long,  increased 

thickness 46  77 

Parapet  walls  defined 51  79 

Party  walls  in  fireproof  buildings 44  77 

Party  walls  in  non-fireproof  buildings 44  77 

Proscenium  walls,  theaters 198  158 

Recesses  and  chases  in 53  80 

Retaining,  thickness  of 30  67 

Thickness  of ,  chimney 62  84 

Thickness  of,  dwelling  house  class 42  75 

Thickness  of ,  flues 63  85 

Thickness  of ,  for  cellar  huts 173  147 

Thickness  of,  increased ■ 41  75 

Thickness  of  walls  with  face  brick 38  71 

Thickness  of,  warehouse  class 43  76 

Unlimited  walls  defined 44  77 

Unlimited  walls,  dwelling  house  class 42  75 

WAREHOUSE— WaUs  for 43  76 

WATER  CLOSET  ACCOMMODATIONS 238  176 

WOODBEAMS 70  89 

Columns  and  plates 79  91 

WEIGHT— For  curtain,  theater 199  158 

Of  material . 107  106 

WIND— Pressure 115  110 

WINDOWS— Bay '. 82  92 

Dormer 97  102 

Frames  in  fireproof  buildings 139  127 

In  basements  of  apartment  houses 237  176 

In  dry  cleaning  establishments,  to  be  fireproof..  178  149 

In  public  hallways 229  173 

In  rooms  of  apartment  houses 226  173 

In  stair  hallways,  size,  etc 230  174 

In  stairway  inclosures 87  95 

In  theaters 205  162 

In  watercloset  compartments  and  bath-rooms..  227  173 

Metal  frames  and  wire  glass 141  129 

Opening  in  elevator  shaft 165  142 

Opening  on  alley  or  street  in  fireproof  buildings  139  127 

Opening  on  fire  escapes  to  be  fireproof ed 153  137 

Show 82  92 

Page 

Building  Department 180 

(see  "Plumbing  Code"). 

sanitation 

smoke 


1086  INDEX  TO  GENERAL  ORDINANCES. 


Building  Department — (Continued).  Page 
fire-escapes  (see  "Tenement  House  Law"). 

salaries  and  appointments 180 ,730 

Building   Inspector    vsee    "Building   Code,"    "Smoke")    (Kentucky 
Statutes  2758). 

Buildings  for  public  assembly,  parking  in  front  of  regulated 510 

Building  material  to  be  purchased  by  City  Buyer 198 

Buildings — use  of  sidewalks,  etc 547 

Bureau  of  Police— concerning 484 

Bulls — (see  "Animals"). 

Burial— regulation  of . 182 

(see  "Diseases,"  "Embalming,"  "Morgue"). 

Bushel— establishing  standard 716 

Business — mercantile— license  §94___ 367 

Business — seperate  license  for  each  §129 373 

Butchers— license  §36 '. 354 

Butchers  (see  "Meats"). 

Butter — sellers  of— hcense  §75 361 

Buyer,  City  (see  "City  Buyer"). 

Byllesby  &  Co. — electric  contract 244 

Cabs— charges,  etc 512 

Cabs— hcense  §92 364 

Calculating  machines — agent  for  sale  of — license  §103 369 

Candling  eggs— license 240 

Carbolic  acid— regulating  sale  of 185 

Cards — playing — license  for  sale  of  §70 360 

Carloadlotsfruit,  vegetables,  etc— salesmen  of —license  §75 361 

Carnivals — street — license  §109 369 

Carpet  cleaning  license  §117 370 

Carriages — charges,  etc 512 

Carriages— hcense  §92 364 

Carriers — conveying  dead  bodies 182 

Of  meat  and  fish— duties 406 

Importing  paupers 442 

Carts,  license  §9?__   364 

Cartridges— (see  "Explosives"). 

Cash  register— license  of  agents  for  sale  of  §103 369 

Catch  basin — obstruction  of 21,598 

Cats  (see  "Animals"). 

Cattle— watering  and  feeding 386 

care  of  dairies,  etc.  (see  also  "Stock  Law"). 

Cave  Hill  Cemetery— protection  of 186 

Celebrations  with  Explosives  (see  "Explosives"). 

Cedar  Street— Franchise  for  heat  across,  east  of  15th 301 

Cellar  doors  and  cellars— regulations  (see  also  "Building  Code"). 

Cemeteries— establishment  of  department 189,731 

sexton,  vaults 184 

Cave  Hill— protection 186 

Portland— regulating 187 

disinfection — dead  bodies 184 

additional— prohibited 189 

(see  "Burial"). 

Certificates— license  for  salesmen  of  §59 358 

Certificates— selling  registration 580 

Cess  Pools— prohibited  in  sewered  districts 496 

Charity— solicitation  for 37 

Chauffeurs— license  of ^'o 

for  city  ambulances i;fi 

age 377 

not  to  promote  iUicit  intercourse '"'J 

chief  of  Police  Department  (see  "Police  Department"). 

Chemist— practical — license  §19 351 


INDEX  TO  GENERAL  ORDINANCES. 1087 

Page 

Chestnut  street — in  alley  south  of  4th  and  5th — heating  franchise  308 

Chili  parlors 191,192 

Chimneys  (see  "Building  Code"). 

Chiropractors — license  §19 351 

Chiropodist — license  §19 351 

Cholera  (see  "Burial,"  "Diseases"). 

Church — parking  in  front  of  prohibited 510 

Cigarettes — retail  and  wholesale — license  §37 354 

Cigars,  retail  and  wholesale— license  §37 354 

Christian  Science  Healers — license  §19 351 

Circuses — license  §7 349 

Cisterns — construction  and  apportionment  of  cost 274 

Cisterns — stagnant 593 

City  ambulances — chauffeurs 191 

right  of  way 542 ,  544 

City  Assessor  (see  "Assessor"). 

City  attorney — term  and  salary — appointment    (see   "Kentucky 

Statutes  2909  and  2910") 13,193,740 

Claim  Agent 13,195,741 

Department  Counsel 13,197,741 

CitySoheitor 13,194,741 

Mayor's  Counsel 13,194,741 

Law  Clerk . 13,195,741 

Messenger 13,194,741 

Assistants,  stenographers  and  salaries 13, 193 ,  196 , 741 

City  Buyer — appointment,   duties,   salary  and  employes   (Ken- 
tucky Statutes  2801) 12,198,581,731 

Regulating  transfer  of  articles,  etc.,    from   one   department  to 

another 203 

fund  to  pay  freight 205 

bond 44 

fire  department  supplies 262 

when  maximum  cost  to  be  stated 254 

printing  of  ordinances 440 

(see  "Kentucky  Statutes  2801  and  2822). 

City  Electrician 180,241,730 

City  Engineer 252,735 

City  Ganger — duties — fees — election 13, 205 ,  731 

City  Hall  Department— salaries 207,732 

City  Hospital  Department 337,732 

City  Hospital — room  for  insane  persons 208 

employment  of  chauffeurs 191 

City  Solicitor 13,194,741 

City  Tax  Receiver  (see  "Tax  Receiver"). 
City  Treasurer  (see  "Treasurer"). 

Civil  Engineers — license  §19 351 

Claim  Agent— license  §19 351 

Claim  Agent 13,195,741 

Claims — manner  of  presenting  and  payment  (see  "Salaries") 209 

Clairvoyance — practice  of  prohibited 281 

Cleaning  places  for  clothes,  etc. — license  §116,  117 370 

Clergymen — to  report  marriages 392 

Clerks— comptrollers 13,210,213,214,581,734 

Clerks — (see  "Under  Head  of  Various  Departments"). 

Clerks  of  General  Council — duties  and  salary 210,742 

Clerks   of  PoUce   Court — duties  and  salary  (Kjentucky  Statutes 

2929) 16,476,582,743 

Clerks  (see  "Law  Clerk  to  the  Mayor,"  also  "Assessor"). 

Closing  pawn  shops — second-hand  stores,  etc 443 

Closing  public  offices — hours 439 


1088 INDEX  TO  GENERAL  ORDINANCES. 

Page 

Clothes  pressing  parlors — license  §104 369 

Clothes  cleaning  estabhshments  §116,  117 370 

Coaches — regulated 512 

Coal — measure  and  sale  regulations 713 

coke,  measure  and  sale  regulations 713 

Coal  oil  grease  manufacture  regulated 429 

Coal  oil— storage  of 445 

Coal  yard — municipal 211 

C old  storage  eggs 240 

Cold  storage  plants — license  §39 354 

Collecting  agency  §38 354 

Collections — on  sale  of  debentures  §59 358 

Collisions  on  public  ways — duties 538,541,544 

Combustible  materials  (see  "Oils,"  "Explosives"). 
Combustion  Engineer  (see  "Building  Code,"  "Smoke"). 

Commercial  agents — license  §64 359 

Comfort  station  department 212,234 

Commission  merchants — selling  in  cars — license  §99. 
Commissioner  of  Sewerage  (see  "Kentucky  Statutes  3037b,  Sub. 

Sec.  16") 48 

Appointment 12,48,734 

Salaries 600,734 

Commissioners  of  Sinking  Fund  (Kentucky  Statutes  3010) 15,746 

Compilation — resolution  ordering 5 

Comptroller— clerks  and  salaries,  duties 13,210,213,214,581,734 

sale  of  tax  property 577 ,  585 

payment  of  city  warrants  and  notes 708 

premium  on  bond  paid  by  city ^ 43 

(see  Kentucky  Statutes  2897) 

(see  "Claims") 209 

(see  "City  Buyer") 198 

Concerts  license  §8 349 

Concrete  construction  (see  "Building  Code"). 

C ondemnation — old  houses 52 

Condemnation  of  meats 400 

Condemnation  of  animals  (see  "Meats"). 

Consorting  with  disorderly  persons 387 

Constitution  of  Kentucky •- 766 

Construction  and  reconstruction  of  public  ways 500,509 

Consumption  (see  "Diseases"). 
Contagious  Diseases  (see  "Diseases"). 

Contract  with  H.  M.  Byllesby  &  Co 244 

Contractors — Railroad — General  §40 ,41 354 

Contracts  for  construction  and  reconstruction  of  streets 509 

Contract  for  supplies,  etc 498 

Convict-made  goods — labeling 214 

Cook  Benevolent  Institute 14,735 

Coroner  and  burials 182 

Corporations,  etc.— assessments  made  by  State  Railroad  Commis- 
sioners          29 

Cost  of  labor  and  material  to  be  stated— when 254 

Corpses  (see  "Dead  Bodies"). 

Cost  of  hydrants,  etc 276 

Cotton-seed  products — weigher,  etc. — license  §79 362 

Council  (see  "General  Council"). 

Council  meetings — membei;s  of  board  to  attend 42 

Councilmen — list  of 9.11 

rules  of - 757,763 

Counsel  (see  "Mayors  Counsel,"  "Department  Counsel,"  "City 
Attorney"). 


INDEX  TO  GENERAL  ORDINANCES. 1089 

Page 
Coupes — charges,  etc 512 

Coupons — salesmen  of — license  §59 358 

Cows — (see  "Animals,"  "Stock  Law".) 

Credit  rating  §64 359 

Credits  on  erroneous  tax  bills. 665 

Crossings  of  streets — railroad  and  regulations 555 

Cruelty  to  animals 20 

Cumberland  Telephone  &  Telegraph  Co. — compromise  contract 672 

rates  charged  by ^. 672 

Curbing — protection  of 552 

Dance  haU — in  connection  with  saloons  prohibited 586 

license  §16 350 

Dances — public — license  §6 349 

Dancing  schools — hcense  §42 355 

Dangers  to  health  a  nuisance 428,430 

Day  laborers — fixing  number  of  hours  and  compensation 216 

Day — office  hours 439 

Day's  labor — rammers  and  pavers 215 

city  laborers 216 

Dead  animals 20,21 

removal  of 21 

Dead  animal  contractor 21 

Dead  bodies — disposition  of  and  removal  of 182 

Dead — burial  regulations 182 

bodies  in  the  morgue 424 

embalming 250 

Death  certificates 182 

Debentures — sale  of  license  §59 358 

Decaying  substances — nuisance 428 

Deeds  by  city — tax  property 578 

method  of  sale,  tax  property 585 

Deceptive  advertising  prohibited 19 

Defacing  public  property^penalty 36,51,423 

DeUnquent  taxes — publication  of  list : 664 

redemption  of  property 577 ,  580 

Dentists — quaUflcations 386 

license  §19 351 

veterinary — hcense  §19 851 

Detective — private— hcense  §73 361 

Depots — parking  near— regulated 510 

public  drinking  cups  forbidden 592 

Departments — transfer  of  articles  from  one  to  another 203 

Department  Counsel — appointment  and  duties 13, 197 , 741 

Deputy  Assessors — appointment — salaries,  etc 30-32 ,  727 

Deputy  Tax  Receivers 670,746 

Detectives— city 482,484,744 

private — license  73 361 ,  494 

Diphtheria  and  croup  (see  "Burial"  and  "Diseases"). 

Dirks — salesmen  of — license  §30 353 

Dirt — to  prohibit  throvsring  on  sidewalks  and  streets  (see  "Public 

Ways"). 
Diseases,  contagious  and  infectious,  venereal  (see  also  "Burials," 

"Milk,"  "Spitting" 217,219 

requiring  physicians  to  report . 216 ,  217 

to  prevent  spreading  generally 219 

to  prevent  spreading  in  pubUc  places 223,610 

disinfection  by  second-hand  dealers 597 

secret — concerning  advertising 18 


1090 INDEX  TO  GENERAL  ORDINANCES. 

Diseases— (Continued.)  Page 

venereal — to  prevent  spread 224 

Typhoid  fever  to  be  reported 229 

Disinfection — dead  bodies , 184 

by  second-hand  dealers 597 

Disinterment — time  of  making 184 

Disorderly  conduct — penalty 230 

Disorderly  persons consorting  with 387 

Display  cards — prohibited 17 

Doctors  (see  "Physicians,"  "Health.ofRce"). 

to  register  births  at  City  Health  Office 38 

to  certify  deaths 182 

(see  "Physicians"). 

License  §19 351 

Dodgers — distributors  of,  license  §4,5 348,349 

Dogs — prohibiting  vicious 232 

disposal  by  pound  keepers 235 

licenses  §43 355 

unhcensed — redemption .....^ 234-236 

muzzUng  and  impounding ! 232,235 

(see  "Animals"). 

Draftman  in  Assessor's  office 31 

Drains — connecting  private  drains  with  sewer . 238,239 

Dray,  license  §92 364 

Drinks— soft ,  license  §113 369 

Drivers  of  vehicles  (see  "Chaufeurs,"  "Traffic,"  "Vehicles,"  "Public 

Ways"). 
Driving  (see  "Pubhc  Ways"). 

Drinking  cups — public  prohibited 592 

Druggists — seUing  carbolic  acid 185 

sale  of  liquors . 587 

Drunkenness — penalty  for 239 

Dry  Cleaning  establishments — license  §116, 117 370 

Dry  wells— connecting  plumbing 456 

Dyeing  estabhshments— license  §116,  117 .- 370 

Dynamite — storage  and  transportation 256 

Eating  houses — license  §44 355 

sale  of  Uquor  in 192 

Education— Board  of  (2978A) 16,728 

Eggs — candling  and  labehng , 240 

license  of  sellers,  §75 - 361 

Elections  by  General  Council  and  by  people 12-16 

Elections — registration — providing  for 580 

firemen  taking  part  in 267 

Electrical  inspector— appointment— duties— salary 12 , 241 ,  319 ,  738 

Electrical  code — national 241 

Electrical  contract  with  H.  M.  Byllesby  &  Co 244 

sale  of  franchise 244 

bond 244 

consent  to  rate  ordinance 244 

rates  to  be  uniform 247 

rates  for  street  lamps 247 

right  reserved  to  regulate  rates 248 

(see  also  "Franchise"). 

right  to  examine  books,  property,  etc 248 

Electrical  engineers — license  §19 351 

Electric  light  and  power  companies — examination  of  books 499 

Electric  Inspector  (see  "Inspector  of  Gas  and  Electricity") 
(also  "Electric  Wiring"). 

Electric  light  companies — license 378 

Electric  plants  and  wiring — regulation  of 241 


INDEX  TO  GENERAL  ORDINANCES.  1091 

Page 

Electric  power— light  and  heat— license  of  vendors  of 378 

Electric  wires — underground 688 

Electric  wiring  and  apparatus 241 

Electricity — regulation  of  rate 249 

Elevator  men  (see  "City  Hall  Department"). 

Elevators — grain — hcense  §45 356 

Embalming — regulation  of 182, 250 

Embalmers — license  §95 250 

Embalming  Board 

permits  necessary 250 

examination  and  hcense  of  embalmers 250 

(see  also  "Burial  of  the  Dead,"  "Diseases"). 

Emission  of  smoke — regulations 601 

Employes — miscellaneous  (see  also  "Various  Departments") 41 

Employes— list  of 727 

taxes  due  to  be  deducted  from  salary 667 

Employing  plumbers— license  §118 371 

Employment  agents— hcense  §58 358 

Engineers — Civil — license  §19 351 

electrical,  license  §19 351 

Engineering  department 252 

to  lay  private  drains 238 , 239 

Enginemen  for  "City  HaU,"  "Hospital" ^ 729 

Equalization— Board  of  (Kentucky  Statutes  2993) 14 ,  39 

Entertainments— license  §6,  18,  46  and  108 349,350,356,369 

Erroneous  tax  bihs — credit  to  be  given  for 665 

Eruptive  hospital 340,737 

Evidence— compellingproduction  of  before  council 724 

(see  "Trials"). 

Excavations  in  public  ways 379 ,  500 , 502 

Executions  by  police  court^concerning 476 

Executive  and  ministerial  oflB.cers — regulating  trial  of 684 

Executive  Boards — to  attend  on  General  Council 42 

Exemption  from  taxation — new  industries 668 

Exhibitions  §10,  11,  12,  18,  46  and  108 349,350,356,369 

Exodontists — hcense  §19 351 

Expenditure  of  money — ordinances,  etc 254 

Expert  accountants — hcense  §2 348 

Explosives — use  of  blank  cartridges 255 

use  in  celebrations 256 

storage  and  transportation 256 ,  445 

Exposure  of  person — penalty 258 

Eye  tester  hcense  §112 369 

Factories— sanitary  regulations 588 ,  592 

heating  of . 588 

to  have  safeguards  for  life  and  health 588 

estabhshment  of  glue,  soap  and  other  factories 429 

Farmers — markets  for  use  of 388 ,  390 

Farm  hands  (see  "Home  of  Aged  and  Infirm"). 

Farm  products — sale  of — from  cars  §75 361 

Fast  driving — prohibited  (see  "Traffic  Regulations"). 

Feather  renovators  §47 356 

Fence — posting  bihs,  etc.,  on 18 

Feeding  and  watering  livestock 386 

Fertihzer  works — hcense  §49_.- .- 356 

Fever — (see  "Diseases"). 

Fifth  Street— in  aUeys  east  of— south  of  Chestnut— heating  fran- 
chise       308 

Fifth  Street— franchise  for  conveying  heat  across,  north  of  market..      303 
Fire  Alarm 259 


1092 INDEX  TO  GENERAL  ORDINANCES. 

Page 

Fire  arms — blank  cartridges .255,256 

Firecrackers — (see  "Explosives,"  "Noises"). 

Fire-damaged  goods — sale  by  itinerant  vendors 341 

Fire  Department — regulation  of 263 

detailing  men  from 258 

right  of  way  of  vehicles .534,542 

control  and  construction  of  fire  hydrants 275-277 

members  and  salaries 260,737 

speed  of  vehicles 271 

government 262 

Fire  escapes —  regulation  of  (see  also  "Building  Code,"  "Tenement 

House  Law,"  charter  §3037g) 271 

Fire  hydrants — erection  of 274 ,  276 

regulating  use  of,  and  interfering  with 275 

apportionment  of  cost 276 

parking  near 511 

Method  of  tapping 276 

Fire  limits 133 

Firemen — not  to  interfere  with  elections 267 

Firemen's  Association — veteran 274,748 

Firemen's  Pension  Fund 738 

Firemen  at  City  Hall  (see  "City  Hall  Department"). 

Fire  plugs — cost  of : 276 

Fire  proof  construction  (see  "Bunding  Code"). 
Fireworks  (see  "Explosives,"  "Noises"). 

First  Street  from  Main  to  River — street  car  line  discontinued 615 

Fish — dealers  license  §51 356 

Fish — sale  of  (see  also  "Meats"). 

duty  of  carriers  of 406 

Floating  Saw  Mills— license  §50 356 

Florists  license  §100 368 

Flour — regulating  sale  by  weight,  and  labeling  (see  "Weights  and 
Measures"). 

Floyd  Street,  south  of  K.  R.  R.  crossing — permit 573 

.Floyd  Street,  in  alley  west  of  N.  of  G 561 

Flying  dutchman  §48 356 

Food — adulterated — definition 277 

adulterated  food — sale  and  manufacture 277 

carriers  of  meat  and  fish — duties 406 

eggs — labeling  and  candling 240 

fish — sale  and  transportation 402 ,  406 

flour — weighing  and  labeling 721 

live  stock  inspector — duties 403 

market— public  market  place 390 

market — Second  Street 388 

meat— sale  of 394-402 

milk — general  regulations 407 

protection  of  slaughtered  meats 402 

retailing  fresh  meat 402 

unfit  for  use — penalties 277 ,  403 

(see    "Health    Department,"    "Meats,"    "Weights    and 
Measures"). 

Fortune  telling— for  reward  prohibited 281 

Fourth  Street — in  alleys  west  of — south  of  Chestnut — heating  fran- 
chise  .• : 308 

Foul  substances — nuisance 428-431 

Frame  buildings— (see  "Building  Code"). 

Franchise — electricity  across  8th  and  9th  Streets  and  along  alley 
south  of  Broadv/ay  and  along  9th  Street  to  alley  north  of 
Broadway 298 


INDEX  TO  GENERAL  ORDINANCES. 1093 

Franchises — (Continued.)  Page 

gas,  natural,  manufactured  and  mixed — (see  "Gas  Franchise")  283 

heat  across  Cedar  Street  between  14th  and  15th  Streets 301 

lieat  across  5th  Street  north  of  Market  and  across  Market 

Street  west  of  5th  Street 103 

electric  wiring — alley  south  of  Broadway  between  8th  and 
9th  Streets,  crossing  8th  and  9th  Streets  along  9th  Street 

to  first  alley  north  of  Broadway 298 

heat  across  20th,  Maple  and  Howard  Streets 295 

heat  across  alleys  in  block  between  Broadway,   Chestnut, 

4th  and  5th  Streets 308 

water  and  steam  across  Howard  Street  between  18th  and 

20th  Streets •_ 306 

Francliises — penalty  for  violating 282 

Fraudulent  advertising  proliibited . 19 

Freight— fund  to  pay  created 205 

Fruits  and  vegetables— labehng  containers — standard  measures..  719 

small  and  sales  by  measure,  etc 719 

sellers — hcense  §75 361 

Fuel  to  be  purchased  by  City  Buyer 198 

Funerals — danger  of  contagion 183 

death  from  contagious  diseases 220 

(see  also  "Burial,"  "Embalming,"  "Cemeteries.") 
Funeral  processions — ^(see  "Public  Ways,"  Traffic  Regulations). 

Furnaces — construction — smoke 606 

Furniture  cars,  etc. — regulating  stands  for 523 

household  goods — moving 425 

G.  Street— L.  &  N.  permit  to  cross  between  Brook  and  Floyd 

Streets 561 

Gallery — shooting  license  §85 364 

Gambling— poolrooms 491 

Game  sellers — license  §51  and  §75 356,361 

Games — public,  license  §15 350 

Garages — (see  "Building  Code"). 

pubhc — license  §111 369 

Garbage — -accumulation  and  removal 312 ,  313 ,  710 

separation,  definition,  etc 315 

(see  also  "Tenement  House  Law".) 

to  be  deposited  in  waterproof  receptacles 316 

Garbage  cans,  etc. — penalty  for  upsetting 315 

covering  while  carried  on  streets 536 

Garden— public,  license  §56 358 

Gas  arbitrators — -appointment 14 

Gas  arbitrators — providing  for  compensation 332 

Gas  contracts — for  sale  from  Kentucky. 317 

Gas  companies^examination  of  books  by  city  authorities 293 

Gas  franchise— for  distribution  of  natural,  manufactured  and  mixed 

gas 283 

protection  and  restoration  of  pavements  and  sidewalks 283 

pipes,  etc.,  to  conform  to  grade 284 

construction  and  capacity  of  pipe  line  from  West  Virginia..  284 

bond  for  performance  of  duties 285 

bond  for  laying  pipe  line,  etc . 285 

quality  and  pressure  of  natural  gas 286 

service  pipes  and  meters 288 

test  and  inspection  by  city  inspector 287 

rates  for  gas 287,288 

special  contracts  allowed . 288 

special  contracts,  rates,  etc.,  to  be  filed  for  inspection 288 

street  lamps — gas  for 288 

failure  of  natural  gas  supply — investigation 289 


1094  INDEX  TO  GENERAL  ORDINANCES, 

Gas  Franchise — (Continued),  Page 

bills— when  due  and  payable -". .      290 

mains  and  pipes — extension ^ 290 

acquisition  of  property  of  Louisville  Gas  Company  and  Ken- 
tucky Heating  Company 291 

franchise  subject  to  future  regulations  and  ordinances 292 

consent  to  assignment  of  franchise 292 

privilege  of  Louisville  Gas  Company  reserved 292 

duration  of  franchise 292 

municipal  ownership — conditions  of  purchase __._      295 

books,  property,  etc.,  open  to  municipal  inspection !..      293 

other  like  franchises  may  be  granted  by  city 293 

advertisement — upset  price,  etc 293 ,  294 

contract  for  sale  of  from  field  near  forks  of  Beaver  Creek  in 

Kentucky 317 

(see  also  "Electric  Contract,"  page  244 ;  "Inspection  of  Gas  and 
Electricity,"  page  319;  "Board  of  Arbitration,"  page  14,  332.) 
Gas  inspection  and  requirements — (see  "Gas  Franchise,"  "Inspector 
of  Gas  and  Electricity"). 

Gas  Inspector  and  assistant— duties  of 12,319,738,321 

Gas  mains  and  pipes — (see  under  "Gas  Franchise"). 

Gas  meters — inspection 319 

Gasoline  filling  station,  §110 369 

Gasoline — storage,  etc 149 ,  152 ,  429 ,  445 

Ganger— city 13,205,731 

General  Council— clerks  of  (Kentucky  Statutes  2770) 12,210,742 

presidents  (Kentucky  Statutes  2770), 

joint  rules ^ 764-765 

rules,  aldermen 751-756 

rules,  councilmen 757-763 

organization  of 749 

members  of  (Kentucky  Statutes  2766,  2767,  Constitution  160). 

members  of  boards  to  attend .        42 

elections  by  (Kentucky  Statutes  2770) 12 

ordinances  to  state  maximum  cost,  etc 254 

witnesses  required  to  attend 724 

Geodetic  tablets — defacing 423 

Gig— License  §92 364 

Glanders — (see  "Diseases"). 

Glass,  nails,  etc.,  not  to  be  thrown  on  streets 536 

Glass— throwing  on  streets  or  aUeys 536 

Glue  factories — regulating 429 

Gongs^required  at  railroad  crossings 555 

Gonorrhea — (see  "Diseases"). 

. Goods — convict  made — labeling 214 

Grain  elevators — license  §45__.^ J___      356 

Grain  in  a  bushel ' 716 

Grass  plots — ^protection  of  curbing  around 552 

Grass — (see  "Weeds"). 

Gratings  and  cellar  doors 551 

Graves — regulations — (see  also  "Cemeteries"  and  "Burial"). 
Grave  yards — (see  "Burial,"  "Cemeteries"). 

Gutters — sweeping  trash  in,  forbidden :312 ,  313 

Gutters— obstructing 1 313 

Grocers— (see  "Weights  and  Measures"). 

Hacks — charges,  etc 512 

Mcense  §92 364 

Halls — pubUc— overcrowding 679 

Hand  bills — posting . 18 

Hand  bill  advertisers — license  §5 349 

Hat  cleaners — License  §105 . 369 


INDEX  TO  GENERAL  ORDINANCES. 1095 

Page 
Health  Department — members  of — salaries 332 ,  738 

births  to  be  reported  to 38 

to  placard  contagious  diseases 219 

diseases  to  be  reported  to 216,217 

marriages  to  be  reported  to 392 

egg  candling  and  labeUng 240 

permits  giving  physicians  right  of  way 541 

school  nurses 438 

contagious  and  infectious  diseases 216-229 

(see  "Burial".) 

(see  "Cemeteries".) 

(see  "Diseases".)  ' 

(see  "Embalming".) 

(see  "Food  Adiilteration".) 

(see  "Garbage".) 

(see  "Market".) 

(see  "Meats".) 

(see  "Milk".) 

(see  "Nuisances".) 

(see  "Sanitation".) 

(see  "Smoke".) 

(see  "Spitting".) 

(see  "Tenement  House  Law,"  Charter  §3037g.) 

(see  "Weeds"). 

Hearses — hcense  §92 364 

Heating — f actori es,  regulations — smoke _.    588 , 601 

street  cars 614 

Heating  Companies — ^license 378 

smoke 601 

Hippodromes — license  §7 349 

H.  M.  ByUesby  &  Co.  (see  "ByUesby  &  Co"). 
Hogs — (see  "Animals"  "Street  Law"). 

Home  for  Aged  and  Infirm 335 ,  739 

Home  Telephone  Company — authorized  to  install  party  lines 676 

rates  chargeable  by 676 

Hook  worm — (see  "Disease"). 

Horns,  bells,  etc.,  on  automobiles,  etc 531 

Horses  (see  "Animals,"  "Stock  Law"). 

Horses — use  on  streets  (see  "Public  Ways"). 

Hospital,  City — room  for  insane 208 

ambulance  chauffeurs 191 

Hospital— City— School  for  nurses 438 

Hospital  C ommission — appointment 14 

Hospital  Department— City  (see  also  "Eruptive  Hospital") 337,732 

(see  "Noises"). 

Hospitals— parking  in  front  of  entrance  prohibited 510 

Hospital— Tuberculosis  (Kentucky  Statutes  3037c) 13 , 730 

Hotels — furnishing  Uquors 191 

hcense  52.: 357 

smoke  regulations 601 

Hours  of  closing — saloons 586 

pawn  shops — second-hand  dealers -  -  -  -      443 

Hours  to  constitute  a  day's  labor  and  office  hours 439,215,216 

Household  goods— regulating  moving  of 425 

furniture  cars,  etc. — stands 523 

Houses  of  ill  fame 701 

Houses  of  prostitution 701 

Houses — numbering  of 432 

posting  bills  on 18 

renting  for  pool  rooms 491 

House  of  Reform  or  Refuge  (see  "Industrial  School  of  Reform"). 


1096 INDEX  TO  GENERAL  ORDINANCES. 

Page 

Howard  St. — water  pipes  across — bet.  18th  and  20t]i  Streets 306 

Hucksters — hours  and  places  of  business 388 

license  53 357 

public  market  places 888, 390 

Hydrants— (see  "Fire  Hydrants"). 

Ice— sale  by  weight,  etc 720 

Ice  cream — sale  places — license 369 

Impeachment  of  officers — regulation  of 684 

Imp ounding  aut omobiles 544 

Importation  of  paupers 442 

Indemnity  to  city — work  on  public  ways 283,311 

by  gas  company 283,311,557,577 

by  railroad  companies 557,577 

(see  also  various  "Franchises"). 
Industrial  School  of  Reform,  Board  of  Managers 14 

manner  of  payment 681 

Infectious  Diseases  (see  "Diseases",K 
Inflammables  (see  "Building  Code"). 

Information  bureau  keeper — license  §58 358 

Injuries  by  collisions  on  public  ways 538 

Inspection  of  mUk 421 

Inspector  of  buildings 180 

(see  "Smoke"  "Tenement  House  Law"). 

Inspector— electrical 12,241,319,738 

Inspector  of  Gas  and  Electricity — 

appointment  of  inspect  or 12, 319 ,  738 

deputies  and  clerk 320 

term  of  office  of  inspector 320 

duties  of  inspector 321 

testing  stations 322 

method  of  testing 322 

gas  meters  and  gas  meter  testing 323 

electric  meters  and  electric  meter  testing 324 

gas  pressure 326 

variation  of  voltage  and  voltage  surveys 327 

quality  of  natural  gas 327 

records  of  the  company 328 

complaints 328 

penalties 329 

Inspector  of  Live  Stock  (see  "Live  Stock  Inspector") '..12,403,742 

Inspectors  of  meat— appointment  and  salaries 15,394,740 

Inspector  of  Plumbing— appointment  and  salary  (Kentucky  Statute 

3037f) 14,475,731 

Inspector  of  Weights  and  Measures  (Kentucky  Statutes  2755). -12,713,748 
Insurance— (see  "City  Buyer"). 

Interest  on  warrants 708 

Inspectors — tobacco— license  §88 364 

Insurance  adjusters— hcense  §54 357 

Insurance  Advisors — license  §55 357 

Insurance  Companies— license  §57  and  98 358,368 

Intelligence  offices — license  §58 358 

Internes  (see  "Hospital  Department"). 

Iron  or  metal  purchases — license  §60,  61 359 

Iron — old  (see  "Junk  Dealers"). 

Itinerant  vendors— regulations  (see  also  "Peddlers") 341 

Jailer— to  render  bills  and  how 477 

Jail  Matron  appointment  (Kentucky  Statutes  2877a) 15,744 

Jefferson  Street  Market 388 

Janitor's 207,732 


INDEX  TO  GENERAL  ORDINANCES. 1097 

Page 

Jitneys,  license,  bond  and  general  regulations 518 

(see  also  "License"). 

Jobbers — cigarette — license  §37 354 

Judge  of  Police  Court  (Kentucky  Statutes  2911) 16,581,743 

Junk  dealers  who  go  from  house  to  house — regulations 344 

Junk  dealers — license  §59 359 

Junk  merchants  having  established  place  of  business 346 

license  §61 359 

hours  of  closing 346 

(see  "Itinerent  Vendors"). 

Kentucky  Electric  Company — litigation  with  city 244 

Kentucky  Heating  Company — transfer  of  property 283 

Kentucky  &  Indiana  Terminal  R.  R.  Co. — tracks  in  streets  559,565,567,569 

Kentucky  street — alley  S.  of — E.  of  Logan — R.  R.  permit 563 

Kentucky  Street — at  11th,  R.  R.  permit . 571 

Knife  throwing  devices — license  §46 356 

Labor — when  cost  to  be  stated 254 

Laborers — compensation  and  hours 215,216,254 

At  CityHaU 207 

Laboratory  Diener  (see  "Health  Department"). 

Lamps — street — rates 248 ,  288 

Laundries   and  branch  laundries — license   §26,62 353-359 

Law  Accountant 194 ,  740 

Law  Clerk  in  City  Attorney's  office 13,195,741 

Law  Department — (see  "City  Attorney"). 

Lawyers — hcense  §19 .. 351 

Legislative  Department 742 

Leprosey — (see  "Diseases"). 

Levies  for  taxes 652,655,660 

Library— pubhc 13 ,  31 1 ,  742 

trustees— appointment  (Kentucky  Statutes  2801b) 13,742 

Licenses — certain  trades  and  callings 348,374 

academy —  dancing,  §42 355 

accountants — expert,  §2 348 

accountants — public,  §2 348 

adding  machines,  §103 369 

ad j ust er — insurance,  §54 357 

advertisements — bill  boards,  §3 348 

advertisements — distributers,  §5 349 

advertisers — insurance,  §55 ' 357 

advertising  agents,  §3,  4,  5 348,349 

advertising — -in  street  cars,  §4 348 

adviser— insurance,  §55 357 

agency — collection,  §38 354 

agents — claim,  §19 351 

agents — responsible  for,  §125 1 373 

amusement  parks — §56 358 

amusements— (see    "Theaters,"    "Exhibitions,"    "Balls,    Ball 
Rooms,"  "Dances,"  "Dance  Halls,"  "Skating  Rinks"). 

agents — pension,  §19 351 

agents— real  estate,  §80 363 

agents— sales,  §20 351 

animals— slaughtering,  §96 i 368 

architects,  §19 ""    351 

assignments — loans  on,  §66 359 

athletic  contests,  §15 350 

attorneys  at  law— §19 351 

auctioneers — §20 351 

auditors — §2 348 

aurist — §19 351 

automobiles — §93 366 

automobile  shows — §102 368 


1098  INDEX  TO  GENERAL  ORDINANCES. 

Licenses— (Continued).  Page 

automobiles— chauffeurs 376 

automobile  garages— §111 369 

bajl— public  for  pay,  §6 349 

ball  rooms— §16 350 

ball  or  knife-throwing  devices— §46 356 

barber  shops — §21 352 

baseball  park— prof  essional,  §97 368 

bath  houses— §22 352 

billboard  advertising— §3 348 

bill  posters— §3 348 

billiard  tables— §23 352 

boarding  houses— public,  §24 352 

broker— live  stock,  §35 354 

bond  brokers— §31 353 

bovirie  knives — §30 353 

bovs^ling  alleys — §25 352 

box  ball  alleys— §26 353 

branch  laundry  offices— §28  and  62 353,359 

brassknucks— retail  seller,  §30 353 

broker — auctioneer,  §20 351 

broker — bonds,  stocks,  etc.,  §31 353 

broker — live  stock,  §35 354 

broker— lumber,  §29 353 

broker — merchandise,  §32 353 

broker— ticket,  §33 354 

broker — tobacco,  §34 354 

buggies— §92 364 

butchers,  §36 354 

butter— sellers  of,  §75 361 

business— separate— Ucense  for  each,  §129 373 

cabs— §92 364 

calculating  machines— agents  for,  §103 369 

candling  eggs 240 

cards— playing,  §70 360 

carload  lots— fruit,  vegetables,  game,  poultry,  §75 361 

carnivals — street,  §109 369 

carriages— family,  §92 364 

carts— §92 364 

cash  register  agencies — §103 369 

certificates — sale  of,  §59 358 

chattel  mortgages— lending  money  on,  §66 359 

chauffeurs — license  and  regulations 376 

chemists— practical,  §19 351 

chiropractors — §19 351 

chiropodists — §19 351 

Christian  Science  heaJers — §19 351 

cigars— §37 354 

cigarettes — retail  sellers,  §37 354 

cigarettes — wholesale  sellers,  §37 354 

circulars — §4 348 

circuses— §7 359 

civil  engineers — §19 351 

claim  agents — §19 351 

cleaning  carpets — §117 370 

cleaning  places  for  clothes,  etc.— §116  and  117 370 

clothes— pressing  parlors,  §104 369 

clotlles- cleaning,  §116  and  117 370 

coaches — §92 364 

cold  storage  plants— §39 354 


INDEX  TO  GENERAL  ORDINANCES.  1099 

Licenses — (Continued).  Page 

collections — on  sale  of  debentures,  §59 358 

collecting  agency — §38 354 

commercial  agencies — §64 359 

commission  merchants — selling  from   cars,   etc.,    §75 

and  §90 361,364 

concerts — §8 ..  349 

contractor — general  and  sub-contractors — §41 354 

contractor— railroad,  bridge,  etc.,  §40 354 

cotton  seed  products — weigher  of,  §79 362 

coupes— §92 364 

coupons — sale  of,  §59 358 

credit  rating — §64 359 

dance  haUs— §16 350 

d ances — public ,  §6 349 

dancing  schools —  §42 355 

dealers — Live  stock.  §35 354 

debentures — sale  of,  §59 . 358 

dentists— §19 351 

dentists — veterinary,  §19 351 

detectives — private,  §73 361 

dirks— retailer  seller,  §30 353 

doctors— M.  D.,  §19 351 

dodgers— §4  and  5 348,349 

dogs— §43 355 

drays— §92 364 

drinks— soft,  §113 369 

dry  cleaning  establishments- §116  and  117 370 

ear  specialists — §19 351 

eating  houses — §344 , . 355 

eggs — sellers  of,  §75 361 

eggs — ^candlers  of 240 

electrical  engineers — §19 351 

electrical  exhibits — §12 349 

electric  light  and  heating  companies 378 

elevators — grain,  §45 356 

embalmers 250 

employing  plumbers— §118 371 

employment  agencies — §58 358 

engineers — civil — §19 351 

entertainments— §6,  §18  and  108 349,350,369 

Evidence  as  to  doing  business,  etc. — §126 373 

exhibit— ball  throvsdng,  §46 356 

exhibit— knife  throv^ang,  §46 .; 356 

exhibit  of  trained  animals — §14  and  18 350 

exhibit— v^restling,  §108 369 

exhibition — scientific,  electrical,  submarine,  §12 349 

exhibition— general,  §10,  §15  and  §18 349,350 

exhibition  of  painting— §11 349 

exhibition  of  statuary — §11 349 

exhibition  of  trained  animals — §14  and  §18 350 

exhibition  of  works  of  art — §11 349 

exhibition — theatrical,  §13  and  18 350 

Expert  accountants  2 348 

Eye  glass  fitter — prescription  filler  §112 369 

Eye  tester  §112 369 

Family  carriages  §92 364 

Farm  rpoducts,  sellers  of  from  cars,  etc.  §75 361 

Feather  renovators  §47 356 

Fertihzer  works  §49 356 

Film  exchange  §101 368 


1100 INDEX  TO  GENERAL  ORDINANCES. 

Licenses— (Continued).  Page 

Financial  agents  §76 361 

Fish  dealers  §51 356 

Floating  saw  mill  §50 356 

Florists  §100 368 

Flying  Dutchman  §48 356 

Fruit— sellers  of  §75 361 

Gallery— shooting  §85 364 

Game— sellers  of  §51,  75 356,361 

Games — baU  and  knife  throwing  46 356 

Games — public  §15 350 

Garage— public  §111 369 

Garden— pubUc  §56 358 

Gasoline  filling  stations  §110 369 

Gigs  §92 364 

Grain  elevators  §45 356 

Hacks  §92 364 

Handbills  §4,5 348,349 

Hats  cleaners  §105 369 

Hearses  §92 364 

Hippodromes  §7 359 

Hotels  §52 357 

House  builders  §41 354 

Hucksters  §53 357 

Ice  cream — sales — places  §113 369 

Indemnity  companies  §57^   358 

Information  bureau  keepers  §58 ' 358 

Inspectors  of  tobacco  §88 364 

Insurance  adjusters  §54 357 

Insurance  advisers  §55 357 

Insurance  companies  §57 358 

Inspector — leaf  tobacco  §88- 364 

Intelligence  officers  §58 358 

Iron  or  metal — ^purchasers  of  §60 359 

Itinerant  vendors 341 

Jobbers — cigarettes  §37 354 

Jitneys 518 

JunkDealers  §59__    359 

Junk  merchants  §61 359 

Knife  throwing  devices  §46 356 

Knives— retail  sellers  §30 353 

Laundries— and  branch  laundries  §28,  62 353,359 

Laundry  soUcitors  §28 353 

Laundry— towel  supply  companies  §89 364 

Lawyers  §19 351 

Leaf  tobacco  inspectors  §88 364 

Lecturers — where  admission  fee  paid  §9 349 

Liquor  dealers  (see  "Bonds"). 

Livery  stables  §63 359 

Live  stock— dealers  in  §35 354 

Loaning  money  on  plain  notes  §66 359 

on  chattel  mortgages  §66 359 

on  salaries,  etc.  §66 359 

Locomobiles  93 366 

Lodging  houses  §52 357 

Lumber  brokers  §29 -  353 

Magnetic  Healer  §19 351 

Manufacturers  of  electricity 378 

Massagists  §19 351 

Master  Plumbers  §118 371 

Meat  packing  establishments  §72 361 


INDEX  TO  GENERAL  ORDINANCES. 1101 

Licenses— (Continued).  Page 

Meat — sale  at  retail  §51 356 

Menageries  §7__    359 

Merchandise  brokers  §32 353 

Merchandise  salesmen  §94 367 

Merchants  traders  §90 364 

Merchants  §94 367 

Merry-go-round  §48 356 

Messenger  service  §65 359 

Midwives  §19 351 

Milk — vendors  of 407 

Money  lenders  §66 359 

Mortgages,  chattel — lending  money  on  §66 359 

Motor  cycles 381 

Moving  picture  film  exchange  §101 368 

Motor  vehicles  §93 366 

Museums  §10 - 349 

Ocuhsts  §19 351 

Old  iron— dealers  in  §60,  61 359 

Omnibuses  §92 364 

Optician  §112 369 

Osteopaths  §19 351 

Oxodontists  §19 351 

Packing  house  §72 361 

Pamphlets— advertising  §4,  5 348,349 

Parks — ^amusement  §56 358 

basebaU  §97 368 

Parks  for  skating  §16,  56 350,358 

Pavirn  brokers  §67 360 

Peddlers  §68 360 

Penalties  §128 - 373 

Pension  agents  or  attorneys  §19 351 

Perforraance  or  exibition  §15 350 

Phaetons  §92 364 

Photographers  §69 360 

Physicians  §19  351 

Pigeon-hole  tables  §23 352 

Pistols— license — retail  §71 361 

Places  of  Amusement   (see  "Theaters,"  Exhibitions,"   "Ball 

Rooms,"   "Dance  Halls,"   "Skating  Rinks,"   "Amusement 

Parks"). 

Playing  cards— salesmen  of  §70 360 

Plumbers— Master  §118 371 

Pohcemen — private  §74  361 

Pony  carts  §92 - 364 

Pool  tables  §23 352 

Pork  houses  §72 361 

Poultry— seUers  of  §75 361 

Merchants  §94 367 

Practical  chemists  §19 351 

Pressing  business  §104 369 

Private  detectives  §73... 361 

Private  pohcemen  §74. . 361 

Produce — selling  of  from  cars,  etc.  §51,  75 356,361 

Promoters  §76 361 

PubUc  accountants  §2 348 

Pubhc  auditors  §2 348 

Pubhc  ballrooms  §16 350 

Pubhc  bath  houses  §22 352 

PubUc  boarding  houses  §24 352 

Public  contractor  §40,  41. 354 


1102 INDEX  TO  GENERAL  ORDINANCES. 

Licenses -(Continued.)  Page 

Public  dance  houses  §16 350 

Public  dances  §6 349 

PubUc  garages  §111 369 

PubUc  scales  §115 370 

Public  stockyards  §77 361 

PubUc  warehouses  §78 361 

PubUc  weighers  of  cotton  and  seed  products  §79 362 

Race  track  §114 370 

Rags — purchasers  and  sellers  §60,  61 359 

Railroad  contractors  §40 354 

Real  estate  agents  §80 363 

Refrigerator  plants  §39 354 

Rendering  houses  §81 ' 363 

Renovators — feather  §47 356 

Representation  by  person   as  to  business,  etc.,   siifScient 

evidence    §126 373 

Restaurants  §44 355 

RetaiUng  Uquor 383,385 

Rinks— skating  §16 350 

Regulations  where  value  amount  of  sales  or  capacity  deter- 
mines §119, 120, 123 371,372 

Salaries — lending  money  on  §66 359 

Sale  of  iron  §61 359 

Sale  of  junk  §61 359 

Sale  of  rags  §61 359 

Sale  agents  §20 351 

Salesmen— merchandise  §94 367 

Sarutariums — private  §106 369 

Saw  mills— floating  §50_-.   356 

Scales,  pubUc  §115 370 

Scalpers— ticket  §33 354 

Scavangers  §82 363 

School — dancing  §42 355 

Scientific  exhibits  §12 349 

Second-hand  dealers  §83 363 

Second-hand  dealers  (to  give  bond). 

Securing  business  for  another  §58 358 

Security  brokers  §31 353 

Sevsfing  machine  agents  §84 363 

Shoe  repairer  §107 369 

Shoe  shining  parlor  §99 368 

Shooting  gaUeries  §85 364 

Shows— automobile  §102 368 

Shows — (see  "Exhibitions,"  "Circuses,"  Hippodromes,"  Wild 
West  Shows"). 

Skating  rinks  §16 350 

Slaughtering  animals  (see  "Butchers"). 

Slaughter  houses  §96 368 

Slung  shots  §30 353 

Soft  drink  dealers  §113 369 

SoUcitors— laundry  §28 353 

Sprinklers  of  streets  §86 364 

Stamps— trading  §91 364 

Stockbrokers  §31 353 

Stockyards  §77 361 

Storage— cold  §39 354 

Storage  houses  §78 361 

Street  car  advertising  §4 348 

Street  carnival  §109 369 

Street  sprinkUng  §86 364 

Submarine  exhibits  §12 349 


INDEX  TO  GENERAL  ORDINANCES. 1103 

LicenS9S— (Continued.)  Page 

Sulkies  §92 364 

Surgeons  §19 351 

Surveyors  §19 351 

Swimming  pools  §87 364 

Tanking  houses  §81 361 

Taverns  §52 357 

Taxicabs — license 374 

Theaters  §17,  18 350 

Theatrical  brokers,  §33 354 

Theatrical  exhibitions  §13,  18 350 

Ticket  brokers  §33 354 

Title  examiners  §98 368 

Title  insurance  companies  §98 368 

Tobacco  brokers  §34 354 

Tobacco  inspectors  §88 364 

Tobacco  salesmen  §34 354 

Towel  supply  companies  §89 364 

Traders  in  merchandise  §90 364 

Trading  stamp  business  §91 364 

Trained  animals  §14 350 

Transfer  of  hcense  §127 373 

Trucks  §93 366 

Undertakers  §95 368 

Vault  cleaners  §82 363 

Vegetables — sellers  of  §75 361 

Veliicles§92 364 

Vendors  of  electricity 378 

Veterinary  dentist — doctor — or  surgeons  §19 351 

Violation  of  ordinance  §128 373 

Wages — lending  money  on  §66 359 

Wagons  §92 364 

Warehouses,  public  §78 361 

Weighers  of  cotton  seed  products  §79 362 

Weighers— public  scales  §115 370 

Wild  west  shows  §7 359 

Wrestling  exhibits  or  matches — license  §108 369 

Licenses— agents  of  non-resident  proprietors  responsible  for  §125 373 

Licenses — candling  eggs 240 

Licenses — crediting  on  ad  valorem  tax  bills 665 

Licenses— each  place  of  business  to  pay  §129 373 

Licenses — embalmers 250 

Licenses — evidence  of  habiUty  §126 373 

Licenses— grade  of  §119,  120 371,372 

Licenses— ordinance,   unconstitutionality  of   one  section,  not   to 

affect  another  §130 374 

Licenses— penalty  for  not  obtaining  §124-128 373 

Licenses— regulated  by  amount  of  sales  made  §119,  120 371,372 

Licenses — to  be  paid  in  advance  §121 372 

Licenses — time  from  which  required  §122 372 

Licenses — transfer  of  §127 373 

Lighting  of  buildings 588 

(See  also  "BuUding  Code,"  "Tenement  House  Law".) 

Lectures — hcense  §9 349 

Lighting  companies — examination  of  books 499 

Lights — on  public  obstructions 58 

on  vehicles  in  garages 151 

exits  in  theaters 165 

in  public  hallways 175 

on  market  wagons 388,390 


1104 INDEX  TO  GENERAL  ORDINANCES. 

LIGHTS— Continued.  Page 

on  vehicles 532,534 

(see  "Traffic  Regulations,"  "Public  Ways"). 

Liquor — dealers — bond  required  of 47 

license. 383,385 

saloon  closing 586 

furnished  by  chili  parlors,  restaurants,  etc 191,192 

regulating  sale  where  not  consumed  on  premises 587 

regulating  delivery 587 

List  of  city  positions 727 

Livery  stables — license  §63 359 

Livery  stable — report  to  Sinking  Fund 364,366 

Live  Stock  Inspector 12,403,742 

Deputies — duties  and  salary — election  (Kentucky  Statutes  2948).  12, 403, 742 

Live  stock  dealer  or  broker — license  §35 354 

Live  stock — driving  through  streets 612 

driving  on  east  Broadway 613 

running  at  large 611 

watering  and  feeding 386 

cruelty  to 20 

(see  "Meats"). 

Loads — regulation  of— hauled  on  streets 524 

Loaning  businesses — license  §66 359 

Lodging  houses — license  §52 357 

Lodging  houses — sanitation 588 

Logan  St.  alley  S.  of  and  S  of  Kentucky — R.  R.  permit 563 

Loitering — penalty  for 387 

Louisville  Gas  Company — transfer  of  property — city's  waiver 283 

city's  right  to  purchase  property  reserved 283 

and  electric  contract 244 

charter  privilege  reserved 283 

gas  arbitrators 332 

(see  "Inspection  of  Gas  and  Electricity"). 

Louisville  Lighting  Company 244 

Louisville  &  Nashville  R.  R.  Co. — tracks  on  streets ...561,563,571 

Louisville  Industrial  School  of  Reform — regulating  manner  of  pay- 
ment to 681 

Louisville  Salvage  Corps — right  of  way  on  streets 543 

right  to  enter  buildings 543 

speed  of  vehicles 271 

Louisville  School  Board — regulating, manner  of  payment  by  treasurer  681 

Louisville  Water  Company — bonds..' 46 

fire  hydrants 274 

Lumber  brokers — Ucense  §29 353 

Lunatics— room  for  at  City  Hospital 208 

Magistrates — to  report  marriages 392 

Magazine  and  29th — R.  R.  permit 559 

Magnetic  healers— license  §19 351 

Magnolia  at  15th— R.  R.  permit 569 

Machines  to  be  purchased  by  City  Buyer 198 

Main  street  from  Preston  to  Johnson 615 

Malarial  fevers  (see  "Diseases"). 

Manhole— obstruction  of  ^ 598 

(see  also  "Sewers".) 

duty  of  companies  to  guard » 697,698 

Manufacturers  and  venders  of  electric  power. 378 

Manufacturing  establishments — sanitation — (see  "Factories") 588 

exempt  from  taxation  for  five  years 668 

Manure — (see  "Garbage" ) — definition 316 

disposition  and  removal 591 


INDEX  TO  GENERAL  ORDINANCES. 1105 

Page 

Markets — public,  regiilations,  etc 388-391 

meat  markets — regiilations 402 

Market  Street — franchise  for  heat  across  west  of  5th 303 

Marriages — report  to  Health  Oflacer 392 

Massagists — hcense  §19 351 

Masseur — hcense  §19 351 

Master  plumber — hcense  §118 . 371 

Maximum  cost  of  work,  etc.,  fixed  in  ordinance 254 

Matrons  of  police  court  and  assistant  (Kentucky  Statutes  2877A)    ..15,744 
Matrons  (see  "Hospital  Department" j. 

Mayor — election ^ 16 

Mayor — Assistant  Secretary  for 393 

Law  Clerk .^ 195 

appointment  by  (see  "List  of  Positions") 12-15 

approval  of  purchases,  contracts,  etc 200 

approval  of  claims 209 

to  make  deeds  for  tax  property,  etc 577 

charging  members  of  Fire  Department  with  false  entries,  etc  _      265 

boats  to  report  to — names  of  paupers  imported 442 

salaries — clerk  and  assistant  secretary 392 , 393 ,  381 , 343 

trial  of  Mayor  and  other  officers 684 

(see  Kentucky  Statute  2784,  et.  seq.) 

Mayor's  counsel 13, 194 , 741 

Mayors — hst  of 7 

Measurers — general  provisions ._      713 

pounds  to  a  bushel 716 

vegetables  and  berries 719 

flour 721 

Measles  (see  "Burial,"  "Diseases"). 

Meat  packing  estabhshments — hcense  §72 361 

Meats — adulterated  and  diseased 277 

labehng  and  branding 277 

pubhc  markets  regulated 394 

sale  of  meat,  when  unlawful 277 

issuing  permits  to  sell  or  slaughter 394 

meat  inspectors 15, 394 ,  740 

regulation  of  slaughter  houses . 394 

license  to  retail  §51 356 

license  of  slaughter  houses  §96 368 

m-unicipal  slaughter  houses 399 

inspector's  fees 399 

where  fresh  meat  may  be  sold 402 

protection  of  slaughtered  meats 402 

meat  markets,  sanitation,  etc 388-391 

live  stock  inspector,  duties 403 

inspecting  and  handhng  of  diseased  animals 394^403 

public  carriers  of  meat,  duties 406 

(see  "Live  Stock"). 

Meat  Inspectors— appointment  and  salaries 15,394,740 

Medical  Inspectors  (see  "Health  Department"). 

Members  General  Council 11 

Menegitis— (see  "Burial,"  "Diseases"). 

Mesmerism — practice  of 281 

Menageries — license  §7 349 

Merchandise  Brokers— license  §32 353 

Merchandise  Salesmen — hcense  §94 367 

Merchants — hcense  §94 367 

Merchant  traders — hcense  §90 364 

Merry-go-round — license  §48 356 

Messenger— City  Attorney's  office 13,194,741 


1106  INDEX  TO  GENERAL  ORDINANCES. 


Page 

Messenger  companies  and  poolrooms 491 

Messenger  service— license  §65 359 

Meters— Gas  and  Electricity 323-325 

Midwives — birth  certificates  and  registration — license  §19 351 

Misbranding  (see  "Food  Adulteration,  etc.";. 

Milk— general  regulations 407 

application  for  permit 407 

revocation  of  permit 413 

milk— difinition— care,  etc _-_ 407,414 

equipment  and  cleanliness.... 407 

transportation  and  delivery..* 418 

infectious  diseases 419 

duties  of  Health  Officers 420 

inspection 421 

Minors — purchase  from  by  second-hand  dealers 595 

Misbranding  food 240,277,401,414,415 

Misrepresenting  as  to  food  or  its  v^^ eight  or  measure 277 

Mississippi  Valley  Water  Ways  Association  appropriation 423 

Money  lenders— (on  chattel  mortgages)  license  §66 359 

Moneylenders — (on  assignments)  license  §66 359 

Monuments— protection  of  geodetic 423 

MonTiments  and  tombstones— protection. 

Morgue — regulation  of 424 

Mosquitoes— destruction 711 

Motor 'cycles— license  and  regulation 381 

Motor  vehicles— license  §93 366 

Traffic  regulations 526-546 

(see  "Automobiles",  "Motor  Cycles",  "Pubhc  Ways".) 
Motor  vehicles— destruction  of  manufacturers  number,  etc.,  pro- 
hibited   424 

Motor  vehicles— license  §93 366 

Movers  of  household  goods  to  report 425 

Moving  dead  animals ..-_ 21 

Moving  household  goods 425 

Moving  picture  film  exchange— license  §101 368 

Moving  picture  theater— (see  "Building  Code"). 
Moving  picture  shovirs— (see  "Theaters"). 
Mules— (see  "Animals"). 

Municipal  coal  yards 649 

Municipal  railroad  switch 649 

Municipal  slaughter  houses 399 

Museums— license  §10 349 

Muzzhng  and  impounding  dogs 232-235 

Newspapers— to  do  public  printing 14,19 

Ninth  Street— franchise  for  electricity  across  south  of  Broadway  and 

alongto  First  alley  north  of  Broadway 298 

Nitroglycerine— storage  and  transportation 256 

Noises — suppression  of  near  hospitals . 426 

unnecessary  blov^dng  of  steamboat  whistles 427 

ringing  of  auction  bells 428 

Non-residents— agents  responsible  for,  license  §125 1 373 

Notice  of  raised  assessment 665 

Nuisances 428-431 

(see  "Cemeteries",  "Garbage"). 

(see   "Sanitation,"   "Health  Department,"   "Smoke,"   "Spit- 
ting," "Weeds"). 

vicious  dogs 232 

soap  and  other  like  factories 429 

stagnant  water 589 

Numbering  of  houses 432 


INDEX  TO  GENERAL  ORDINANCES.  1107 


Page 

Nurses — school  for— in  city  hospital 438 

school — employment  and  compensation "__  433 

I  see  "Health  Department,"  "Home  of  Aged  and  Infirm").   " 

Oath — public  officers 44 

members  of  the  General  Council '_  749 

Obstruction— sidewalks [_'_  547 

Ohio  river . _""  439 

Public  ways— (see  "Public  Ways,"  "Traffic  Regulations").' 

Occulists — license  §19 ^ 351 

OflBce  hours — regulating '_'_  439 

(see  "Day's  Labor"). 

Offices — hours  when  open 439 

Office  buildings — smoke  regulations 601 

Office  buildings — parking  in  front  of 510 

Officers,  executive  and  ministerial — regulating  trial  of 684 

bond  and  oath 44 

Ust  of 727 

office  hours 439 

salaries  fixed — (see  "Various  Departments") 581 

taxes  due  to  be  deducted  from  salary 667 

Ohio  River — proliibiting  obstruction  of 439 

bathing  in  prohibited 36 

Oil  refineries — estabUshment  and  regulations 429 

Oils— storage  of 151,152,445 

Old-iron  dealers — license  §60  and  61 . 359 

Old  iron,  rags,  etc. — dealers  in 359 

Omitted  property — retrospective  assessment 666 

Omnibuses — license  §92 ^" 364 

Optician — hcense  §112 369 


OrderUes — (see  "Hospital  Department" 

Ordinances — cost  of  labor  and  material  to  be  stated  in 254 

printing  may  be  ordered 440 

compilation 5 

selection  of  newspaper  for  pubhcation 19 

Osteopaths— license  §19 351 

Overcrowding  in  buildings 588 ,  679 

(see  "Tenement  House  Law.") 

Oxodontist— hcense  §19 351 

Packages  for  sale — contents  to  be  marked  on 720 

Packing  houses— license  §72 361 

Pawn  brokers— hcense  §67 360 

(see  also  "Second  Hand  Dealers.") 

Parades— permit  for,  required,  §72 _..  539 

regulating  position  in 522 

Park  Board — (see  "Park  Commissioners"). 

Park  Commissioners— control  over  shade 683 

regulating  manner  of  payment  by  treasurer 681 

board  of 16,729 

park  pohce 441 

Parking  velxLcles — regulated 509 

Park  police— authorizing  establishment  of 441 

Parks — amusement — license  §56 358 

Parks— sleeping  or  trespassing  therein 387 

Party  waUs— (see  "Building  Code"). 

Patrol  wagons — to  be  enclosed 491 

Paupers— disposition    of — imported — (see    also    "Begging,"    Tres- 
passing" ) 442 

Paupers — transportation  provided  for 442 

Pavements — (see  "Pubhc  Ways"). 

Pavers— day's  labor 215 


1108 INDEX  TO  GENERAL  ORDINANCES. 

Page 
Paving  streets— (see  "Public  Ways"). 

Pawnbrokers,  etc.— hours  of  closing 443 

Ucense  §67 ...- 360 

Pay-roUs— (see  also  "Various  Departments") 209,215 

Peddlers — itinerant  vendors 341 

Peddlers— license  §68 360 

badges -■ 444 

Peddlers — not  allowed  in  army  or  navy  uniform 445 

Pelagra  (see  "Diseases"). 

Pension  Agents— or  attorney,  license  §19 351 

Permits— (see  "Burial,"  "Biiilding  Code,"  "Electric  Wiring,"  "R.  R. 

Tracks  Permits"). 
Pestilential  diseases— (see  "Diseases"). 

Petroleum— regulating  storage  of 445 

refineries 445 

Phaetons— license  §92 . 364 

Photographers— license  §69 360 

Physicians— qualifications  of,  Ucense  §19 351,386 

required  to  report  all  diseases 182,216 

when  allowed  right  of  way  in  streets 541 

(see  "Births"). 

(see  "Burials"). 

(see  "Diseases,"  "Health  Department"). 

Physicians — city — to  vaccinate  without  charge 222 

Picture  film  exchanges— license  §101 368 

Picture— moving  shows— (see  "Theaters"). 

Pigeonhole  tables— Ucense  §23 352 

Pipes— construction,  etc.— (see  "Building  Code"). 

Pipes— instaUation  in  pubUc  ways 500 

Pistols— retail,  Ucense  §71 361 

Pistols — discharge  of - ...255,256 

(see  "Explosives"). 

Placards  of  diseases— penalty  for  removal 219 

Plague — (see  "Diseases"). 

Plain  clothes  men— Ucense  §73 361 

Playing  cards— salesmen  of,  Ucense  §70 360 

Plumbers— master,  license  §118 371 

Plumbing    Board — compensation    and    expenses — (see    Kentucky 

Statutes  3037f) 14,446,743 

Plumbing  code— rules  and  regiQations 447,460 

Plumbing  Inspectors — appointment  and  salaries,  etc.  (see  Kentucky 

Statutes  3037f) 14,475,731 

(see  "Sanitation,"  "Sewers,"  "Drains,"  City  Charter,  Section 
3037f.) 
Pneimaonia — (see  "Diseases"). 

Poles— posting  advertisements  on,  prohibited 17 

Police  Court— regiilating  service  of  process  and  prescribing  duties  of 

officers  (Kentucky  Statutes  2911-2947) 476 

matron  and  assistant  (Kentucky  Statutes  2877a-2928b) 15,744 

punishment  for  disorderly  conduct— drunkenness 230,239 

salaries 581 

workhouse— wages  in - 727 

PoUce  Department— go vernment  and  organization 484 

salaries -- — - .-482,744 

detaiUng  men  from - 258 

leave  of  absence 489 

duty  to  suppress  poolroom — fine 493 

members  and  salaries 482,744 

duty  to  enforce  underground  wire  ordinance 688 

patrol  wagons  to  be  enclosed 491 


INDEX  TO  GENERAL  ORDINANCES. 1109 

Police  Department — (Continued).  Page 

impounding  automobiles 544 

duties  as  to  sanitary  and  nuisance  regulations 590 

right  to  see  second-hand  dealers  register 595 

prohibiting  police  from  doing  private  watching 490 

reports  to,  by  second-hand  dealers 595 

Police— park 441 

Pohce  Judge — (Kentucky  Statutes  2911) 16,581,743 

Pohce  matron^fKentucky  Statutes  2928b  and  2877a). 

Policemen's  Pension  Fund 745 

Pohcemen — private — license  §74 361 

Police  ReUef  Fund 484 

Poluted  water  in  wells,  cisterns,  etc. — nuisance 593 

Ponycarts  §92 364 

Pool  rooms— penalty  for  operating 491 

Pool  room  ticlcet — possession  prohibited 491 

Pool  tables— license  §23 352 

Pork  houses — license  §72 361 

Portland  Avenue  West  of  15th — R.  R.  permit 565 

Portland  Cemetery— regulating  and  providing  sale  of  lots 187 

Positions — list  of 727 

Posting  bills — prohibited  on  telegraph  poles,  etc 17,18,51 

Posting  handbills — prohibited 17,18,51 

Posts — bills,  etc. — not  to  be  posted  on 17,18,51 

Pounds  for  automobiles 544 

Pound  Keeper's  Department 230,232,235,611,745 

(see  "Stock  Law,"  "Dogs".) 

Pounds  in  a  bushel 716 

Poultry  sellers— license  §75 361 

Powder  magazines — regulations  of 256 

Practical  chemist— license  §19 351 

Presidents  of  Board  of  Aldermen — hst  of -. 8 

Election  (Kentucky  Statutes  2770). 

Presidents  of  Board  of  Councilmen^hst  of 9 

Election  (Kentucky  Statutes  2770). 

Pressing — business  §104 369 

Printing  matter^concerning  secret  diseases 18 

Printing — newspapers  to  be  selected  by  council 19 

Printing  ordinances — concerning 440 

Prisoners — wages  allowed  in  workhouse 727 

Private  detectives — license  and  regulations  §73 361,494 

Private  drains — regulation  of 238 

to  be  connected  with  public  sewers 239 

Private  pohcemen — hcense  §74 361 

Privies— adequate  provision  to  be  made 588 

vatilts 496,499 

(see  also  "Tenenment  House  Law,"  "Plumbing  Code".) 

Produce — sellers  of  from  cars,  etc.— hcense  §51,  75 356,361 

Promoters — hcense  §76 361 

Prosecuting  Attorney  of  Pohce  Court  (Kentucky  Statutes 

2935) 15,476,581,743 

Prostitution— concerning 701 

Pubhcation  of  dehnquent  tax  hst 664 

PubUc  Accountants — hcense  §2 348 

for  assessor 32 

PubUc  advertising 19 

Public  baths  department .35,745 

Pubhc  bridges — penalty  for  defacing 51 

Public  buildings — sanitation 588,590 

Pubhc  contractor  for  dead  animals 20 

Pubhc  funds — prohibiting  use  of  by  Treasurer 680 


1110  INDEX  TO  GENERAL  ORDINANCES. 

Page 

^■Public  drinking  cups  forbidden 592 

Public  garages •_.. .64,132, 150, 369 

Public  halls— to  prevent  overcrowding — (see  also  "Building  Code")..      679 
Public  Hospital— (see  "City  Hospital.") 

Public  Library— (Kentuckiy  Statutes  2801a) 13,311,742 

Public  market  places .. J 388,390 

Public  offices— closing  of. 439 

Public  officers— bonds  and  oath  of  office 44 

PubUc  printing— to  have  union  label 699 

ordinances 1 440 

newspapers 19 

Property  clerk— (see  Kentucky  Statutes  2888). 

Public  scales— hcense  §115 370 

Public  service  corporations— books,  etc.,  to  be  examined 499 

penalty  for  violating  franchise 282 

excavations  in  pubUc  ways 502 

construction  of  tracks  in  public  ways— indemnity 557,577 

Public  storage  houses— license  §78 361 

Public  vehicles — general  regulations 524 ,  526 ,  542 ,  544 

Public  ways— (see  also  "Traffic  Regulations.")  (Kentucky  Statutes 
2825  and  2839). 

construction  or  repairs 500-508 

use  and  protection 509-555 

loads  regulated 524 

removal  of  dead  animals 21 

dynamite — transportation 256 

sale  of  meat  on  proliibited 356,394,402 

indemnity  for  damages  by  gas  company 283 

(see  also  various  "Franchises"  and  grants  for  laying  "Railroad 
Tracks"). 

throwing  garbage,  glass,  etc.,  is  forbidden 536 

motorcycles • 381 ,  526 

trees  on — removal 683 

rights  of  way  over 534,535,541-544 

use  as  public  market  places 388-391 

regulating  the  use  in  general 509-555 

vehicles  over  sidewalks 537,547 

parking  vehicles 509 

public  vehicles — regulated 509 

vehicles  on 509-555 

j  itneys  on 518 

vehicles  in  parades 522 

furniture  cars  standing  on  streets — regulated 523 

traffic  regulations 526 

vehicles  left  on  streets  in  violation  of  ordinances  to  be  taken 

to  pound 544 

beasts  of  burden  and  vehicles  driven  on 547 

shoeing  horses  on  sidewalk 547 

use  as  blacksmith  shop 547 

obstruction  proliibited ^ 549 

(seg  also  "Railroads,"  "Railroad  Tracks"). 

enclosing  prohibited 547 

placing  or  storing  material  thereon 547 

digging  into  or  injuring 547 

replacing  and  repairing  pavements,  etc 548 

removal  of  debris  where  work  is  done  on  sidewalk 548 

removal  of  debris  where  work  is  done  on  street,  etc 548 

vending  articles  and  conducting  business  on 548 

advertising  on 548 

liqmd  and  offal  allowed  to  run  on 548 


INDEX  TO  GENERAL  ORDINANCES. 1111 

Page 
Public  Ways — (Continued). 

placing  offal  on 548 

leaving  vehicles  or  obstructions  on 549 

temporary  use  by  contractors  and  builders _• 58,549 

temporary  use  in  handling  merchandise ■_      549 

allowing  drainage  to  interfere  with  construction  or  repair 549 

safeguarding  construction  work ■ 58,59,550 

cellar  doors  and  condition  of  cellars 551 

moving  bmldings  over,  permit 59 

weeds  thereon 552 

obstruction  of  crossing  by  trains 557 

protecting  curbing  around  grass  plot 552 

driving  livestock  through  certain  streets 612,613 

animals  running  at  large  in  streets 611 

to  prevent  collision  thereon 526 

to  prevent  dirt,  etc.,  from  washing  onto  sidev/alk 553 

to  prevent  dirt,  etc.,  from  washing  onto  carriageway 554 

asphalt — protection  of 553 

notice  cf  reconstruction  to  owners  of  sidewalks 507 

duty  cf  abutting  owner  to  repair 508 

excavations  to  lay  pipes,  etc 500,502 

excavations  to  make  repairs,  etc 500-502 

pipes,  mains,  etc.,  to  be  laid  before  construction 500-502 

bond  of  indemnity — excavations 504 ,  695 

"rattler"  test  for  paving  bricks 505 

use  of  roller  skates  on  sidewalks  prohibited 546 

railway  crossings — signals,  bells,  whistles 555 

railroad  tracks  crossing  pubhc  ways  (see  "Railroad  Track^'). 

spitting  on  sidewalks,  etc 610 

laying  underground  wires  in 688 

guards  and  signals  around  manholes,  etc 697 

reservation  of  pohce  control — underground  wires 699 

tapping  water  mains  for  fire  hydrants 276 

pubhc  wells,  hydrant,  plugs,  etc. — appropriation  of  cost 276 

Pubhc  wells,  etc. — cost  and  construction 276 

Public  wharf —appropriation  for 651 

Purchases  to  be  made  by  City  Buyer 198 

Public  Works — (see  "Board  of  Pubhc  Works"). 

Quarantine 221,223,225,229 

Quit  claim  deed  to  property  sold  for  taxes 578 

Rabies — ^(see  "Diseases"). 

Races — betting  on — in  poolrooms 491 

Race  tracks — hcense  §114 370 

Rag — pickers  and  dealers  in 344 ,  346 

Rags — purchasers  of — hcense  §60  and  61 359 

Railroad  cars  and  depots — spitting  in 610 

Railroad  contractors — hcense  §40 354 

Railroad  crossing^gongs  reqmred  at 555 

obstruction  by  trains ^   557 

(see  also  "Railroad  Tracks"  State  Railroad  Commission). 

to  be  open  for  those  having  right  of  way 541 

Railroad  engines— emission  of  smoke  by. .._ 601 

Railroad  stations — parking  at  regulated 510 

public  drinking  cups  forbidden 592 

Railroad  tracks  on  streets— permits 557-577 

K.  &  I.  Terminal  Railroad  Company 559,565,567,569 

L.  &  N.  Railroad  Company 561,563,571 

Southern  Railway . .        .  573,575 

B.  &  O.  S.  W 557 

Railroad  whistles — i^gulating  blowing  of 556 


1112  INDEX  TO  GENERAL  ORDINANCES. 

Page 

Railroads — concerning  operation  of 555-557 ,  601 

obstruction  of  crossing 557 

right  to  construct  tracks  and  switches 557-577 

bells,  gongs,  signals,  whistles ^. 555,556 

switching  ordinances 557-577 

on  public  ways 557-577 

smoke  from  engines , • 601 

Rammers  and  pavers — ^day's  labor 215 

Rates — regulating  electric 244 ,  249 

for  street  lamps 248 

for  gas 287 

right  of  city  to  regulate  electric 248 

ordinance  fixing  electric 249 

to  be  uniform 247 

of  telephone  companies 671 , 672 , 676 

Rattler  test  for  bricks 505 

Real  estate  agents — license  §80 363 

Real  estate— prohibiting  trespassing  on 683,684 

Purchased  for  taxes — sale  of 584 

purchased  at  judicial  sale — sales  of 585 

Redemption  of  property  sold  for  taxes 577 

When  city  will  permit  redemption. 577 

When  city  may  give  quit  claim  deed 578 

Refining  petroleum— regulated 429 

Registration — additional  day  provided  for 580 

certificates — prohibiting  purchase  or  sale 580 

Refrigerator  plants — license  §39 354 

Regulation  of  telephone  rates 671,672,676 

Regulations    where    value    amount    of    sales    or    capacity    deter- 
mines—§119,120,123 371,372 

Registrar— (see  "Health  Department"). 
Relapsing  fever — (see  "Burial",  "Diseases"). 

Removal— of  garbage 312,313,315,710 

dead  animals 21 

contagious  diseases 221 

household  goods,  etc 425 

Rendering  houses — hcense  §81 363 

Renovating  feathers — License  §47 356 

Rendering  meat  unfit  for  use 400 

Renting  property  for  poolroom 491 

Repairing — streets  and  sidewalks — (see  "Public  Ways"). 

buildings — (see  "Building  Code"  "Tenement  House  Law"). 

Resolution  authorizing  publication  of  ordinances 5 

Restaurants— furnisliing  liquor 191 

Restaurants — license  §44 355 

sanitary  regulations — cups— towels,  etc 590 

Retail  liquor  dealers — bonds 47 

Retailing  liquors — license 383 ,  385 

Retrospective  assessment 666 

Riding — (see  "Public  Ways"). 

Right  of  way — grant  of  permits  and  general  regulations 526,541-544 

fire  department  and  salvage  corps 542,543 

ambulances  and  physicians 541 

traffic  regulations  §42  and  45 534 

River,  Ohio — obstruction 439 

bathing  in . 36 

Rock — sellers  of — measure 713 

Roller  skates — use  on'sidewalks 546 

Clinging  to  vehicles '. 537 


INDEX  TO  GENERAL  ORDINANCES.  1113 

Page 

Rules— Board  of  Aldermen 751 

Board  of  Councilmen 756 

joint  rules  General  Council 761 

Safety— Board  of—  (see"Board  of  Public  Safety"). 

Saint  Catherine  Street— alley  North  of,  East  of  Logan— R.  R.  Permit      563 

Salaries — fixing  salaries  of  officers  of  city 581,727 

Assessor's  office 30,32,581,727 

Assisstant  Secretary — Mayor's 393 ,  743 

Auditor's  office 33,35,581,728 

Board  of  Equahzation 39,729 

Board  of  Park  Commissioners 729 

Board  of  Public  Safety 42,581,729 

Board  of  Public  Works 1 41,581,729 

Board  of  Water  Works 730 

Building  Inspector's  Department 180, 730 

Cemeteries  Department 189 , 731 

City  Attorney  and  Assistants 193-198,740 

City  Buyer 198,581,731 

City  Electrician 241,730,319,740 

City  Ganger 205,731 

City  Hall  Department 207,732 

City  Hospital  Department 337,732 

Claim  for — how  made 209 

Clerks  of  General  Council 210,742 

Clerk— Mayor's— (Kentucky  Statute  2792) 393,743 

Comptroller 213,214,581,734 

Elevator  men  at  City  HaU 207,732 

Engineers  at  City  Hall 207,732 

Engineering  Department 252 ,  735 

Eruptive  Hospital 340,737 

Fire  Department 260 ,  737 

Firemen  at  City  HaU 207,732 

Gas  Arbitrators 332 

Gas  Inspector 319,581,740 

Health  Department 332 , 738 

Home  for  Aged  and  Infirm 335,739 

How  paid 209 

Janitor's  Department 207 , 732 

Laborers 215,216,254 

Laborers  at  City  Hall 207,732 

Law  Department 193-198,740 

Legislative  Department 742 

Live  stock  Inspector 403 , 742 

Mayor's  office : 393,581,740 

Police  Court 581,742 

PoUce  Department . 482,744 

Policemen's  Pension  Fund 745 

Poundkeeper's  Department 745 

Public  Baths  Department 35,745 

School  nurses 438,738 

Scrub  women  at  City  HaU 207,732 

Special  employees  at  City  HaU ,-.207,732 

Street  Cleaning  Department 616, 747 

Tax  Receiver 581,670,746 

Tefanus  (see  "Diseases".) 

Telephone  operators  at  City  HaU 207,732 

Treasurer's  Department 581,681,682,747 

Veteran  Firemen's  Home 748 

Weights  and  Measures  Department 713,748 


1114 INDEX  TO  GENERAL  ORDINANCES. 

Salaries— (Continued).  Page 

Wharves 748 

Worlfhouse 725,749 

Sales— by  itinerant  vendors . 341 

(see  also  "Peddlers",  "Junk  Merchants  and  Dealers"). 

Sale  Agents— hcense  §20 . 351 

Sales  to  be  made  by  City  Buyer 198 

Sales  of  real  estate  by  city 1 584,585 

property  purchased  at  tax  sales 584 

property  purchased  at  judicial  sales 585 

redemption  permitted  by  city  of  tax  property 577 

Salesmen — (see  "Itinerant  vendors"). 

Salesmen  of  Merchandise — License  §94 367 

Sales  of  Meats — (see  "Meats"). 

Sales  to  be  by  weight,  measure  or  count 713 

Saloons — regulating  sale  in— hours  of  closing,  dancing  in 586,587 

hcenses,  and  number 585 

not  to  sell  for  consumption  off  premises  except,  etc 587 

Salvage  Corps— right  of  way  on  streets  and  to  enter  buildings ,534, 542, 543 

speed  of  vehicles 271 

Sanitariums — private — §106 369 

Sanitary  Inspectors — (see  "Health  Department"). 

Sanitation— regvilation  of  tenement  houses,  factories,  etc 5B8,592 

dairies  (see  "Milk"). 

drinking  cups,  towels,  etc 592 

manure — -removal  of 591 

Plumbing  Code 417,460 

second-hand  clothing^disinf ection 597 

soap  and  glue  factories 429 

stagnant  water , 593 

pohce  department,  duties  as  to 590 

(see  also  "Diseases"  "Plumbing  Code"  "Health  Department" 
"Nuisances"  "Privy  Vaults"  "Spitting"  "Tenement 
House  Law"  "Weeds"). 

Saw  MiUs— floating— hcense  §50 356 

Scales — (see  "Weights  and  Measures"). 

Scales,  PubUc,  license  §115 370 

Scavengers,  license  §S2 363 

Schools^dancing — license  §42 355 

School  nurses — employment  and  compensation 438 

School  for  nurses 438 

School  of  Reform i 14 

School  for  trained  nurses 438 

Schools — parking  in  front  of 510 

Schools^protection  from  contagious  diseases _' 221 

sanitary  regulations,  cups,  towels,  etc 592 

smoke  regulation 601 

vaccination  of  children . 222 

(see  "Board  of  Education"). 

Seal — for  City  of  Louisville 594 

Second-hand  clothing — penalty  for  failure  to  disinfect 597 

Second-hand  dealers — hours  of  closing 443 

general  regulations 595 

bond  required 595 

buying  from  minors 595 

register  to  be  kept 596 

inspection  to  be  allowed . 596 

reports  to  police  department 596 

hcense  §83 . 363 

license  and  badge 596 


INDEX  TO  GENERAL  ORDINANCES. 1115 

Second-hand  Dealers— (Continued).  Page 

disinfection  of  materials  handled 597 

(see  also  "Pawn  Brokers,"  "Junk  Dealers,"  "Junk  Merchants," 
"Peddlers"). 

Second  Street  market 388 

Secretary  of  Board  of  Public  Works — salary,  etc 41 

Secretary  of  Health  Department — see  "Health  Depai'tment"). 
Secretary  to  Mayor — (see  Kentucky  Statutes  2792). 

Secret  Diseases — advertisements  concerning ' 18 

Securities— false  advertising  for  sale — prohibited 19 

Sewage  (see  "Sewers"). 

Sewerage  Commission — geodetic  tablets 423 

appointment  (Kentucky  Statutes  3037b  Sub-Section  16) 12,48,734 

notice  by,  of  obstructions 599 

bond  issue 48 

Sewer  Commissioners— salaries 600 , 734 

Sewer  B onds 48 

Sewer  pipes — installation  before  pavement 500 

Sewers — connections  with  required 598 

(see  also  "Tenement  House  Law"). 

obstructions  prohibited 21 ,  598 

construction  and  excavations 447 , 500 . 502 , 599 

and  private  drains 238,239,497 

interference  with  construction  of 599 

(see  also  "Drains,  Private,"  "Plumbing  Code"). 

Sewing  Machine  Agents — license  §84 .     363 

Sexual  intercourse — concerning 700 ,  701 

Shade  trees — condemnati on  of 683 

Sheep — (see  "Animals"). 

Shoe  repairers— license  §107 369 

Shoe  Shining  parlors — hcense  §99 368 

Shooting  galleries — license  §85 364 

Shows — (see  "Exhibitions,"  "Circuses,"  "Theaters,"  "Menageries," 
"Wildwest  Shows,"  "Hippodrome"). 

Shows — automobile — license  §102 368 

Show  biUs 17,18 

Sick  paupers — importing 442 

Sidewalks — owners  to  be  notified  before  reconstruction 507 

use  of  roller  skates  on 546 

shoeing  animals  on 547 

driving  or  riding  on ^ 547 

placing  advertisements  on 548 

protection  of 502,546,547 

to  prevent  obstruction  of . 547 

weeds  in 552 

to  prevent  dirt  from  washing  on 553 

contracts  for  construction  and  repair . 507,508 

repairing  by  abutting  property  owner 508 

selling  meat  on 402 

spitting  on 610 

sweeping  onto 312 

use  as  a  public  market  place 388,390 

(see  also  "Pubhc  Waj^s,"  "Traffic"). 

Signs— erection,  etc •_ 125 ,  126 

Sinking  Fund — regulating  manner  of  payment  to  (see  "Licenses")  ^  ^      681 

Ucenses  paid  into 348-386 

report  toby  pound  keeper 232 

redemption  fee — dogs 232 

issuance  of  peddler's  badges 444 

physicians  and  dentists 386 

deposits  with  by  itinerant  vendors 341 


1116 INDEX  TO  GENERAL  ORDINANCES. 

Sinking  Fund— (Continued).  Page 

oath  to  be  made  before,  by  itinerant  vendors 341 

report  to  by  livery  stables 366 

Sinking  Fund  Commissioners — duties,  etc.  (Kentucky  Statutes  3010)15,  746 
Sixteenth    Street    and    alley    between    Main    and    Rowan — R.    R. 

permit 557 

Skates,  roller — use  on  sidewalks 546 

(see  "Traffic,"  p_  537). 

Skating  rinks — license  §16 350 

Slaughtering  animals — license  §96 368 

Slaughter  houses — license  §96 368 

regulations 894,403 

municipal 399 

(see  "Meats"). 

Slung  shots— salesmen,  license  §30 353 

Smallpox— (see  "Diseases"). 

Smoke — regulations 601 

Snow  to  be  taken  from  sidewalks 609 

Soap  and  other  like  factories— regulations 429 

Sore  Throat— (see  "Diseases"). 

Soft  drink  dealers— license  §113 369 

Sohcitation  f or  charity 37,387 

Solicitor— city 194,741 

Soot  and  smoke — regulating  emission  of 601,378 

Southern  Railway  in  Kentucky — permits 573 , 575 

Speed  of  street  cars 615 

of  vehicles  generally 527. 

of  vehicles  of  Fire  Department,  etc 271 

Spitting  on  sidewalks,  etc. — proliibited 610 

Springs— polluted 593 

Sprinklers  of  streets — license  §86 364 

Stables— manure — removal,  etc 591 

Stagnant  water^removal  of  from  vacant  lots 589 

nuisance 589 ,  430 

Stamping  meats 394 

Stamps — trading — license  for  dealers,  §91 364 

Standard  time — established - 611 

Stationery  to  be  purchased  by  City  Buyer 198 

Stairways — (see  "Building  Code"). 

Stands  for  wagons 523 

State  Constitution 766 

State  Board  of  Valuation — -assessment  by 29 

State  Railroad  Commission — ^assessment  by 29 

Steamboats — importing  paupers 442 

noises  forbidden 426-428 

Steam  pipes,  etc.— (see  "Plumbing  Code"). 

Steam  heat  franchises 295,301,303,308 

Steam  and  hot  water  f rancMse 306 

Steam  railway— obstructing  street 557 

Stenographers — (see  City  Attorney's  Office"). 

Stock  brokers— license  §31 353 

Stock  Inspector— (see  "Live  Stock  Inspector").  ' 

Stock  Law 611-613 

^  stock  forbidden  to  run  at  large 612 

impounding 611 

regulating  driving  through  streets 612,613 

proMbiting  driving  on  East  Broadway 613 

watering  and  feeding 386 

(see  "Live  Stock,"  "Animals,"  "Public  Ways.") 

Stock  Yards— Ucense  §77 361 

(see  "Live  Stock,"  "Meats"). 


INDEX  TO  GENERAL  ORDINANCES. 1117 

Page 

Storage — cold — ^license  §39 354 

Storage  house — license  §78 - 361 

petroleum,  etc 445 

expl  osives 256 

Street  car  advertising^llcense  §4 348 

Street  cars — to  be  heated 614 

spitting  in  prohibited 610 

jumping  on  and  off 614 

speed  of 615 

to  slow  down  at  crossing  §15 529 

Street  carnival — license  §109 369 

Street  crossings  by  railroads 555,557 

obstructions  by  trains 557 

Street  lamps — rates - 248 

for  gas 288 

Street — numbering  houses  on 432 

Street  Railway  companies — examination  of  books,  etc 499 

Street  railways — regulating  speed 615 

discontinuing  certain  lines 615 

Streets— (see   "Apportionment  Warrants",   "Public  Ways",   "Side- 
walks", "Vehicles",  "Right  of  Way",  Kentucky  Statutes  2825-2839) 

Street  sprinkling — hcense  §86 364 

Streets — sanitary    regulations — spitting — traffic    regulations — (see 
"PubhcWays"). 

Sulkies— hcense  §92 364 

Superintendent  of  Comfort  Station  and  assistants 212,734 

Superintendents — (for  Superintendents  of  any  department  see  index 
of    that     department). 

Supplies — contracts  for 198 

Surgeons — license  §19 351 

Surgeons — veterinary  §19 351 

Surveyors — license  §19 351 

Swimming  pools — license  §87 364 

Sweeping  onto  sidewalk  or  into  gutters  forbidden 313 

Syplillis — (see  "Diseases"). 

Tablets — mutilating  geodetic 423 

Tanking  houses — hcense  §81 363 

Taverns— hcense  §52 357 

Tax  Attorney 194 

Tax  bills — ad  valorem — to  be  credited  by  amount  of  license  paid 666 

credits  on  erroneous 665 

(see  also  "Assessor",  "Tax  Receiver"). 

delinquent  to  be  pubhshed 664 

Tax  Investigators— appointed  by  City  Attorney 197 

Taxes — appropriati  ons  for  1918 618 

appropriations  for  1919 627-648,649-651 

appropriations  for  1920 648 , 651 

appropriations  for  wharf 651 

appropriations  for  University  of  Louisville 650 

appropriations  for  Babies'  Milk  Fund 651 

appropriation  for  municipal  coal  yard 649 

appropriation  for  municipal  R.  R.  switch 649 

assessment,  year  ending  August  31,  1919 655 

assessment,  year  ending  August  31,  1920 660 

notice  to  be  given  of  raised  assessment 665 

credits  on  erroneous  tax  bills 665 

omitted  property,  retrospective  assessment 666 

crediting  licenses  on  ad  valorem  tax  bills.  _   666 

collection  of  from  officers,  employes  and  creditors  of  city 667 

five  years  exemption  to  new  concerns 668 


1118 INDEX  TO  GENERAL  ORDINANCES. 

Taxes — (Continued).  "       Page 

sale  of  property  purchased  by  city  for  taxes 584,585 

deeds  by  city  on  sale  of  tax  property 578 

levies 652,655,660 

publication  of  list  of  delinquent  tax  payers 664 

quit  claim  deed  to  property  sold  for  taxes 578 

redemption  of  property  bought  in  by  city 577,578 

sale  of  real  estate  by  city  of  property  prchased  at  judicial  sales         585 
(seei  also  "Assessor",  "Tax  Receiver",  Board  of  Equalization"). 

Tax  levies  1919 652 

Tax  Receiver — election  of — employes  allowed 12 ,  16, 581 , 670 , 746 

delivery  of  unpaid  tax  bills  to  Auditor 667 

premium  on  bond  paid  by  city 43 

salaries  581  670  746 

(see  Kentucky  Sta"tutes'2904V2965,""3"o"o'2"and¥747T. 

Taxicabs — license  and  regixlations 374 

(see  also  "Jitneys"). 

use  of  for  sexual  intercourse 700 

Technician— (see  "Health  Department",  "Hospital  Department"). 

Telegraph  companies  and  poolrooms 491 

Telegraph,  Fire  Alarm — injury  to 259 

Telegraph  poles — prohibition  as  to  posting  bills 17 

Telegraph  wires — underground 688 

Telephone  companies  and  poolrooms 491 

Tel ephone  f  ranchise^modified 672 

Telephone  rates — general  regulations 671 

rate  contract  with  Cumberland 672 

authorizing  party  lines  on  the  Home 676 

chargeable  by  the  Home  Telephone  Co 676 

chargeable  by  the  Cumberland  Telephone  Co 672 

Telephone  operators  at  City  Hall  and  Hospital  Department 207,732 

Telephone  wires — underground 688 

Tenement  house   law — (see   "City   Charter,"  Sec.  3037g  and  index 
thereto,  and  also  "Building  Code"). 

Tenement  houses — sanitation 588 

general  provisions 167 ,  177 

Tenth  street  from  Broadway  to  Walnut — street  cars  discontinued. ._      615 

Theater  Brokers— licence  §33 354 

Theaters — to  prevent  overcrowding 679 

hcense  §17,  18 350 

spitting  in  prohibited 610 

parking  in  front  of 510 

sanitary  regulatiOns^towels,  cups,  etc 592 

(see  also  "Building  Code"  "Fire  Escapes"  "Smoke"). 

Theatrical  exliibitions — hcense  §13  and  18 350 

Thieves— consorting  with 387 

Ticket  Brokers— license  §33 354 

Tickets — poolroom — possession  prohibited 491 

Time  Keeper— Board  of  Public  Works— salary 253,735 

Time— standard— established 611 

hours  of  labor 215,216 

office  hours  of  City  Employes 439 

Title  Examiners— license  §98 368 

Title  insurance  companies — License  §98 368 

Tires  and  loads— regulations 524 

Tobacco  brokers — license  §34 354 

Tobacco  inspectors — license  §88 364 

Tobacco  salesmen — hcense  §34 354 

Tomb— (see  "Burial"). 

Tomb-stones — inj ury  to 186 

Tools  to  be  purchased  by  City  Buyer _• 198 


INDEX  TO  GENERAL  ORDINANCES,  1119 


Page 

Torpedoes — discharge  of 256 

Towels — use  in  public  places 592 

Towel  supply  business— license  §89 364 

Tracks  and  switches  on  streets 557,577 

Tracoma — (see  "Diseases"). 

Traders  in  merchandise — license  §90 364 

Trading  stamp  business — license  §91 364 

Traffic  regulations— general ^^  kqq 

Alleys  15  feet  wide,  one-way  traffic  §70 539 

emerging  from,  rate    of  speed  §71 539 

Automobiles,  to  use  horns  or  bells  §29 531 

Backing  to  curb  not  to  be  done  except  for  loading  or  unload- 
ing §10 528 

forbidden  in  certain  cases  §25 ^^■'■ 

Bells,  horns,  etc.,  §29 531 

Bicycles — to  use  horns  or  bells  §29 531 

Ughts  §39 534 

not  to  cling  to  other  vehicles  §61 ^^' 

Bicycles  and  other  vehicles  on  sidewalks  forbidden  §62 537 

Chauffeur— (see  "Driver"). 

Collision,  duty  in  case  of  §68 538 

Corners,  turning  §17, 18 529 

Crossing  from  right  to  left  §21 530 

forbidden  on  certain  streets  §21 530 

Definitions  §2 526 

Divided  streets,  on  §7 528 

Driver— age  of  §58 536 

under  16  forbidden  §58 536 

Duty  to  signal  vehicles  §28 531 

Engine  not  to  be  left  running  §31 532 

Fire  apparatus,  when  approaches  §13 529 

Fire  Department — right  of  way  of  vehicles  §42 534 

Fire  and  Police  Department— exceptions  as  to  Ughts  on  ve- 
hicles §37 533 

Frightened  horses,  duty  with  reference  to  §67 538 

Garages,  traffic  ordinance  to  be  posted  and  kept  at,  §73  539 

Garbage,  etc. — to  be  covered  §54     536 

Glass— nails,  etc.— not  to  be  thrown  on  street  §55  536 

Horns— bells,  etc.,  §29 531 

Horses— not  to  be  left  unattended  §48 535 

not  to  be  unbitted  §49 535 

when  to  be  unhitched  §50 535 

partially  broken  §51 535 

Horse — drawn  vehicles — lights  §38 534 

driver  not  to  leave 524 

Intersections— standing  at  §8 528 

Jay  Walkers— forbidden  §65 537 

Jitney— License— bond  and  general  regulations 518 

Jumping  and  riding  on  rear  of  vehicles  §60 537 

Lamps— on  horse-drawn  vehicles  §38 534 

on  motor  vehicles  §33-37 cq^ 

on  bicycles  §39 534 

Lights  reqmred  §33-40 Et 

Lines  of  travel— may  be  designated  §73 539 

Loading— or  driving— to  be  careful  §56,57 53b 

Macliinery  not  to  be  left  running  §31 53^ 

Mail  vehicles— right  of  way  §42 534 

Meeting  vehicles  §4 528 

Motor  cycles— to  use  horns  or  bells  §29 5di 

lights  §33-35 532-53d 


1120  INDEX  TO  GENERAL  ORDINANCES. 

TraflBc  Regulations— (Continued).  Page 

Motor  not  to  be  left  running  §31 532 

Mufflers— required  §32 532 

Night — veliicles  not  to  be  left  standing  all  of  §64 537 

Noises — unnecessary — forbidden  §32,  57 532-536 

Obedience  to  traffic  officers,  etc.,  §69 539 

Obnoxious  substances — to  be  covered  §53 536 

Obstructing  public  ways 547 

traffic  §14,  46,  47 529,535 

street  cars  §47 535 

Officers— duty  to  obey  §69 539 

to  control  traffic  §16 529 

signals  §19 529 

Overtaking  vehicles  or  street  cars  §5 528 

Parking  §11,  20 528,530 

Parades — permit  for  reqtiired,  §72 539 

regulating 522 

Passengers  to  be  taken  on  at  right  curb  §9 528 

Passing  standing  Street  cars  §41 534 

Passing  front  vehicle  to  pull  to  right  for  §28 531 

Pedestrians — duties  of 537 

Penalties,  §40,  41,  58,  74 534,536,540 

Police  Department — right  of  way  of  vehicles  §42 534 

Police  and  Fire  Department — exceptions  as  to  fights  on  vehicles 

§37 533 

Position  of  standing  veliicles  §20 530 

Pound  for  automobiles 544 

Procession — not  to  be  cut  except,  etc..  §12 529 

vehicles  in — to  be  50  feet  apart — except  §26 531 

Pubfic  service  corporations — rights  of  way  §42 534 

Riding  or  jumping  on  rear  of  vehicles  forbidden  §60 537 

Rights  of  way — ambulances  and  physicians 541 

certain  veliicles  §42 534 

vehicles  generally  §43,  45 : 535 

street  cars  §44 535 

Roller  skaters — not  to  cling  to  other  vehicles  §61 537 

Roller  skates — not  to  be  used  on  sidewalks 546 

Safety  zone  §23 530 

Salvage  Corps 534,542,543 

Sidewalks— bicycles — tricycles,  etc. — not  to  be  ridden  on  §62..  537 

♦  roller  skates — not  to  be  used  on 546 

Signals— by  driver  §19 529 

to  vehicles  in  rear  §27 531 

when  turning  §27 531 

when  backing  §27 531 

Slowly  moving  vehicles  §6 , 528 

Smoke — emission  forbidden  §30 532 

Speed,  §3,  15,  16 527-529 

Speed — at  crossings  §15 529 

Spitting  in  pubfic  vehicles  prohibited 610 

Spot  fights  proliibited  §36 533 

Stand  for  furniture  cars,  vehicles,  etc 523 

Street  cars — passing  §41 534 

Stopping— position  §22,  24 530 

Tampering  with  vehicles  §66 538 

Time  for  loading  §10 528 

Traffic  ordinance — printed  copies  to  be  posted  §73 539 

Tricycles — to  use  horns  or  bells  §29 531 

on  sidewalks— forbidden  §62 537 

Turning  corners — right  §17 529 

Turning  corners — left  §18 529 


INDEX  TO  GENERAL  ORDINANCES.  1121 

Traffic  Regulations— (Continued).  Page 

Velilcles — left  standing  all  night  in  street  forbidden  §64 537 

not  moving— regulations  §11 528 

to  slow  down  at  street  crossings  §15 529 

to  use  horns  or  bells  §29 531 

Velocipedes — to  use  horns  or  bells  §29 531 

on  sidewalks  forbidden  §62 537 

View  of  driver  obscuring  of — forbidden  §52 536 

Walking— duty  of  person  §65 537 

Whips — misusing,  forbidden  §63 537 

(see  also  "Veliicles,"  "Street  Cars,"  "Right  of  Way,"  "Pubhc 
Ways"). 

Trained  animal  exliibition — license  §14 350 

Trained  nurses — school  for 438 

Transfer  of  articles,  etc. — from  one  department  to  another 203 

Transfer  Clerk — Assessor's  office 31 

Transfer  of  hcense  §127 373 

Trash — sweeping  onto  sidewalk  or  into  gutter  forbidden 313 

Treasurer — duties  and  salaries  (Kentucky  Statutes  2902  and  2903) 

16,581,679-682,747 

sale  of  Portland  Cemetery  lots 187 

Pohce  Court  fines  turned  over  to 479 

clerk  for 681 

additional  clerk 682 

premium  on  bond  paid  by  city . 43 

use  of  public  funds  by  prohibited 680 

regulating  manner  of  payments  to  School  Board  and  other 

boards 681 

money  received  for  private  drains 238 

(see  also  "Sewers"). 

Trees  on  pubhc  ways — removal 683 

Trees,  box — posting  biUs  on 17 

Trespassing — generally 683 ,  684 

on  enclosed  or  improved  real  estate 683 

on  street  cars 614 

interference  with  conduits,  wires,  etc 693 

on  vacant  lots 684 

mutilating  geodetic  tablets  423 

Trials  of  executive  and  ministerial  officers 684 

witnesses  and  evidence — production , 724 

Trichinosis  (see  "Diseases"). 

Trucks— license  §93 366 

True  advertising 19, 342 

Trustees  of  University  of  Louisville — election _' 13 

Trustees  of  Pubhc  Library — appointment  (Kentucky  Statutes  2801b). 
Tuberculosis  (see  "Diseases"). 

Tuberculosis  Hospital— Board  of  (Kentucky  Statutes  3037c) 13,730 

Twentieth  Street — francliise  for  heat  across  between  Maple  and 

Howard  Streets 295 

Typhus  fever — (see  "Burial,"   "Diseases"). 

Typhoid  fever — physician  to  report 229 

Undergro  und  wires — when  required,  etc 378,688 

Underta  ker— Mcense  §95 368 

Und  ertak er—  pei  mil  s— r eguj  ation? 182 

to  disinfect 220 

(see  "Emtalming,"  "Morgue,"  "Diseases"). 

Uni  foims  of  aimy  or  navy  not  to  be  worn  by  peddlers 445 

Uni  on  label^presciibing  use  of 699 

University  of  Louisville — appropriation  for,  _  _  650 

autliority  for — (see  also  Charter,  Section  2978e) 13,748 

trustees—  appointment  of 13 


1122 INDEX  TO  GENERAL  ORDINANCES. 

Page 

Use  and  protection — pubUc  ways 509-554 

Vacant  lots — removal  of  stagnant  water 589 

trespass  on 684 

Vacant  property — prohibiting  advertising  on 17 

Vaccination — when  reqviired 222 

duties  of  city  physicians 222 

Vagrants 387 

Varicella — (see  "Diseases"). 

Vault  cleaners  §82 363 

Vegetable— sellers — license  §75 361 

Vegetables — (see  "Weights  and  Measures,"  and  "Markets"). 

Vehicles — general  traffic  regulations 509-545 

jitney  license  bond,  regulations 518 

license  §92 364 

regulation  of  charges,  etc.,  by  public  vehicles 512 

position  in  parades 522 

stands  for  furniture  wagons,  drays,  etc  523 

regulation  of  loads  and  tires 524 

bicycles  regulations 531 ,  534 ,  537 

automobile  regulations 509-545 ,  547 

automobile  license  §93 366 

for  hire— regulations 374 ,  518 ,  523 

not  to  be  used  for  illicit  sexual  intercourse 700 

license  of  chauffeurs 376 

speed  of  vehicles  of  Fire  Department,  etc 271 

obstruction  of  public  ways  by 509-550 

driven  on  sidewalks 547 

tiring  on  public  ways 547 

leaving  on  public  ways 547 

avoidance  of  collisions  or^  public  ways 526 

duty  to  stop  in  case  of  injury  to  others 526 

license  and  plates 364-367 

motor  cycles 381 

in  public  market  places,  lights 390,391 

spitting  in,  prohibited 610 

velxicles  having  right  of  way 522,526-544 

roller  skates  on  sidewalks 546 

(see  also  "Street  Cars",  "Railroads",  "Licenses",  "Traffic  Reg- 
ulations", "Burial  of  the  Dead"  and  "Public  Ways"). 

Vendors — itinerant 341 

(see  also  "Peddlers). 

Vendors  in  public  market  places 388-391 

Vendors  of  Electric  power.... 378 

Venereal  diseases — (see  "Diseases") 224 

Ventilation  of  buildings 588 

(see  also  "Tenement  House  Law"). 

Veteran  Firemen's  Association 274, 748 

Veterinarian  (see  "Health  Department"). 

Veterinary,  dentists — license  §19 351 

doctor  license  §19 351 

surgeon  license  §19 351 

Vice— taxicabs  not  to  be  used  for 700 

Vice  Commission — creating  appropriation  for 701 

Wages — lending  money  on — license  §66 359 

Wages  of  prisoners  in  Workhouse 725 

Wagons — license  §92 364 

(see  "Vehicles",  "Pubfic  Ways"). 

for  hire — regulations 523 

enclosing  patrol 491 

stands  for  drays,  etc 523 


INDEX  TO  GENERAL  ORDINANCES.  1123 

Page 
WaUs— (see  "Building  Code"). 

Ward  boundaries — defining 702 

Warehouses — ^license  §78 361 

Warrants — to  bear  interest 708 

apportionment 28 

and  claims ■ 33,2C9 

Warrants  in  Police  Court 476 

Water  attachments — construction  of,  etc 276 ,  500 

Water  closets — (see  "Plumbing  Code",  "Building  Code",  "Tenement 
House  Law",  "Sewers",  "Sanitation"). 

Water  Company  bonds — exempt  from  taxation 46 

Water  damaged  goods — sales  by  itinerant  vendors — regulated 341 

Watering  and  feeding  live  stock 386 

Water  mains — regulating  the  tapping  for  fire  hydrants 274,276 

Water  for  premises  abutting  pipe  lines 710 

Water  pipe — f  rancliise 306 

interference  with 275 

installation  before  pavement 500 

(see  "Fire  Hydrants"). 

Water  plugs— interference  with .'. 277 ,  511 

Water — stagnant — nuisance 430 ,  589 

Water  Works— Board  of  (Kentucky  Statutes  3024). 

Weeds — in  sidewalks — penalty  for 552 

regulating  removal  of  generally  (see  "Nuisances"). 

Weigher  of  cotton  products — license  §79 362 

Weighers — (see  "Public  Scales'*"). 

Weights  and  measures — inspector — duties  and  salary 121,713,748 

general  provisions 713 

deputies  and  duties 715 

fixing  standard  bushel 716 

delivery  tickets  when  required 717-718 

sale  of  flour  by  weight — regulations 721 

berries  and  small  fruit 719 

standard  measures— fruits  and  vegetables 713-719 

(see  "Food  Adulteration",  etc). 

weights  of  loads  on  streets 524 

Wells — construction  and  apportionment  of  cost 274 

stagnant 593 

Wells  and  Pumps  Department — (see  "Board  of  Public  Works"). 

Wharf  Department 748 

Wharf  Master— (see  "Ohio  River"  Kentucky  Statutes  2860) 439,748 

Wharves— appropriation  for 651 

receipts 722 

trespassing  thereon 387 

master 439,748 

department 748 

Whisky — sale  and  delivery 587 

Whistles — railroad — regulating  blowing  of 556 

steamboat — regulating  blowing  of 427 

near  hospitals — (see  also  "Noises") 556 

Whooping  cough — physicians  to  report 216-223 

Wild  West  Shows— hcense  §7 349 

Windows — (see  "Bmlding  Code").' 

Wires — underground 688 

Wiring — electrical  inspection 241 

Witnesses — requiring  attendance  before  General  Council 724 


1124  INDEX  TO  GENERAL  ORDINANCES. 

Page 

Women — Board  of  (Kentucky  Statutes  2877a). 

Workhouse — fixing  wages  of  prisoners 727 

commitment  to  for  disorderly  conduct 230 

commitment  to  for  drunkenness 239 

Workhouse  Department — members  of  and  salaries 725,749 

Workmen — not  to  be  detailed  from  one  department  to  another 258 

Works — Board  of — (see  "Board  of  Public  Works"). 

Wrestling  exhibits — license  §108 369 

Yellow  fever— (see  "Burial,"  "Diseases"). 


INDEX  TO  RULES  OF  BOARD  OF  ALDERMEN. 


(Pages  751-756) 

Rule 

Adjourn 22,23 

Aldermen,  Board  of — Call  by  five  members 1 

censured 1 

send  for  absentees 1 

election  by _--  29 

committee  of  the  whole 46,47,48,49 

Amendments — t o  motion 22, 26, 48 

when  not  in  order 28 

Amending — rules,  notice  to  be  given 40 

orders  of  the  board 40 

rules  or  orders,  unless  two-thirds  concur 41 

motions 22,26 

Appeal 7 

one  member  may 3 

Appropriation — when  exhausted 42 

Bonds — committee  report  any  time 12 

Business — order  of 4,5 

unfinished 4,30 

new,  by  roll 4 

from  city  officers ---.  4 

Call — Board  of  Aldermen 1 

Censure  of  members 1,15 

City  officers — business  from * 4 

Claims — registered 13 

Clerk — read  motion 20 

Committees — appointed 11 

privilege  to  report 12 

report  next  regular  meeting 35 

report  in  writing  if  requested 35 

special  report 4 

standing  report 4 

of  the  whole 46,47,48,49 

of  the  whole  arise 50 

revision  report 12 

bonds  report ---^ 12 

contracts  report -  -  - 12 

not  to  sit  during  council  meeting 11 

revision  to  sit  during  council  meeting 11 

Contracts — committee  report  at  any  time 12 

Cushing's  Manual 51 

Debate — address  President 14 

President  name  first  to  speak 16 

speak  more  than  twice 17 

speak  more  than  once 17 

speak  longer  than  five  minutes 17 

Elections—by  Board  of  Aldermen 29 

Join  Rules page  764 

Journal — read  and  approved 2,4 

Lay  on  table— motion  to 22 

Manual — Cushing's 51 

Mayor — communications  from 4 


1126        INDEX  TO  RULES  OF  BOARD  OF  ALDERMEN. 

Rule 

Members— call  for  division 25 

speak  more  than  twice 17 

speak  more  than  once 17 

not  to  speak  longer  than  five  minutes 17 

not  permitted  to  leave 18,45 

excused  from  voting 19 

one  may  appeal 3 

not  to  entertain  private  discourse 18 

censured 1,15 

caU  to  order 15 

required  to  vote 19 

not  to  speak  without  leave 30 

name  to  be  caUed  twice 43 

Memorials  presented 41 

Minutes  of  preceding  meeting 2,4 

Motions — when  in  possession  of  board 21 

may  be  withdrawn 21 

amendments  to 22, 26 

postpone 22 

committed 22,27 

when  not  in  order -• ;_-  23 

to  proceed  with,  orders  of  the  day 34 

to  dispense  with  orders  of  the  day 34 

to  dispense  with  any  rule 34 

toe  ommit 34 

to  recommit 34 

previous  question 22, 24 

adjourn 22 

lay  on  table 22 

New  business 4 

Officers — business  from i 5 

Ordinances— to  be  read 37 

on  their  passage 38 

yeas  and  nays  to  be  called 32,39 

out  of  order 42 

expenditures  of  money  to  be  endorsed 43 

out  of  regiilar  order 37 

rej  ected 36 

for  appropriations  of  money,  improving  streets,  alleys  or  side- 
walks, wells  or  cisterns,  yeas  and  nays  shall  be  called 30 

Organization  of  General  CouncU ,-page  749 

Pay-rolls — registered 13 

Persons  on  floor  of  council 44 

Petitions  presented , 31 

President  and  three  members  adjourn 1 

may  speak 3,9 

vote 8 

pro  tem 9,19 

appoint  committees 11 

may  require  report  in  writing 35 

name  first  to  speak 16 

state  motion 20 

addressed- ---  14 

or  any  member,  desire  it,  motion  in  writing 20 

caU  members  to  order 2,15 

sign  j  ournal 2 

preserve  order  and  decorum 3 

Previous  question 22, 24 

Propositions  rej  ected 36 


INDEX  TO  RULES  OF  BOARD  OF  ALDERMEN. 1127 

Rule. 

Questions — form  of 6 

every  member  to  vote  unless  excused 19 

division 7, 25 

under  debate — motion  in  order .-..        22 

previous  question 22, 24 

lost  by  adj  ournment 30 

Reconsider — vote 34 

Revision  Committee— report  any  time 12 

Reports — committee 22,27 

to  be  in  w^riting  if  required 20,35 

if  against,  reason  to  be  given 20,35 

Resolutions — rej  ected 36 

out  of  order _• 42 

expenditure  of  money  to  be  endorsed 43 

out  of  regular  order 34 

Rej  ected — propositions 36 

ordinances 36 

resolutions 36 

Rules — governing  committee  on  the  v^rhole 46,47,48,49 

dispensed  with 40 

Joint  rules page  764 

Special  committees — reports 4 

Standing  committees— reports 4 

Unfinished  business 4 

Undebatable  motions — to  commit 34 

to  recommit 27,34 

previous  question 22, 24 

lay  on  table 22 

adjourn 22 

Vote— form  of 6 

division 7 

President 8 

every  member  unless  excused 19 

reconsider 34 

Vouchers — registered 13 

Roll — for  nev^r  business 4 

Yeas  and  nays — when  called 32,39 

when  called.  President  votes  first 8 


INDEX  TO  RULES  OF  BOARD  OF  COUNCILMEN. 


(Pages  757-763) 

Rule. 

Adjourn 22,23,52 

Amendments — to  motion 22, 27, 41, 55 

when  not  in  order 29 

Amending — rules,  notice  to  be  given 45 

orders  of  the  board 45 

riiles  or  order,  unless  two-thirds  concur 46 

motions . 22,27 

Appeal 7 

one  member  may 3 

Appropriations — when  exhausted 47 

Board  of  Aldermen — business  from 4,43 

business  to 44 

Bonds — committee  report  any  time 12 

Business — order  of 4,5 

unfinished 4, 13 

new,  by  wards 4 

from  Board  of  Aldermen 4,43 

from  city  officers 4 

Call — Board  of  Councilmen 1 

Censure  of  members 1,15 

City  officers— business  from 4 

Claims — registered 13 

Clerk — read  motion 20 

read  business  from  Board  of  Aldermen 43 

business  to  Board  of  Aldermen 44 

obtain  receipt  for  papers 53 

make  memoranda  for  papers 53 

Committees — appointed 11 

privilege  to  report - 12 

report  next  regular  meeting 38 

report  in  writing  if  requested 38 

special  report 4 

standing  report 4 

of  the  whole 53-4-5-6-7 

of  the  whole  arise 57 

revision  report i 12 

bonds  report 12 

contracts  report 12 

not  to  sit  during  council  meeting 11 

revision  to  sit  during  council  meeting 11 

receiving  papers 52 

Contracts — committee  report  any  time - 12 

Councilmen — Board  of — Call  by  five  members 1 

censured - 1 

send  for  absentees 1 

business  of  Board  of  Aldermen 44 

elections  by 30 

committee  of  the  whole 53, 54 

Cushing's  Manual 58 

Debate — address  President 14 

President  name  first  to  speak 16 

speak  more  than  tv^rice 17 

speak  more  than  once 17 

speak  longer  than  five  minutes 17 


INDEX  TO  RULES  OF  BOARD  OF  COUNCILMEN.  1129 

Rule. 

Elections— by  the  Board  of  Councilmen 30 

Joint  Rules page  764 

Journal — read  and  approved 2,4 

Lay  on  table — motion  to 22 

Manual — Cushing's 58 

Mayor — communication  from 4 

Members — call  for  division 26 

speak  more  than  once 17 

speak  more  than  twice 17 

not  name  member  in  debate 35 

not  to  speak  longer  than  five  minutes 17 

not  permitted  to  leave 18,50 

excused  from  voting 19 

one  may  appeal.,, 3 

one  may  refer  papers . 36 

not  to  entertain  private  discourse 18 

censured 1,15 

call  to  order 15 

required  to  vote 19 

not  to  speak  without  leave 31 

name  to  be  called  twice 34 

receiving  papers 52 

Memorials  presented 32 

Minutes  of  preceding  meeting 2,4 

Motions — undebatable,  can  not  explain  vote .^^-^^ 24 

when  in  possession  of  board 21 

may  be  withdrawn 21 

amendments  to 22, 27 

committed 22,28 

when  not  in  order 29 

to  proceed  with  orders  of  the  day 37' 

to  dispense  with  orders  of  the  day 37 

to  dispense  with  any  rule 27 

to  commit 37 

to  recommit 28, 37 

previous  question 22, 25 

adj  ourn 22 

lay  on  table 22 

New  business ^ 4 

Organization  of  General  Council _. page  749 

Officers — business  from 4 

Ordinances — to  be  read 40 

on  its  passage 41 

yeas  and  nays  to  be  called . 33,42 

out  of  order 47 

expenditure  of  money  to  be  endorsed 48 

out  of  regular  order 37 

rej  ected 39 

For  appropriation  of  money,  improving  streets,  alleys  or  side- 
walks, wells  or  cisterns,  yeas  and  nays  shaU  be  called 42 

Pay  rolls — report 4 

registered 13 

Persons  on  the  floor  of  council 49 

Petitions  presented 32, 36 

President  and  three  members  adjourn 1 

may  speak 3,9 

vote -, 8 

pro  tem --  9,10 

appoint  committees 11 

may  require  report  in  writing 38 


1130 INDEX  TO  RULES  OF  BOARD  OF  COUNCILMEN. 

President  and  three  members  adjourn — (Continued).  Rule. 

names  first  to  speak 16 

state  motion 20 

addressed 14 

or  any  member,  desire  it,  motion  in  writing 20 

call  members  to  order 2,15 

sign  j  ournal 2 

preserve  order  and  decorum 3 

Previous  question 22, 25 

Propositions  rej  ected 39 

Questions — form  of 6 

every  member  to  vote  unless  excused 19 

Questions — division 7, 26 

under  debate — motion  in  order 22 

previous  question , 22, 25 

lost  by  adjournment 31 

Reconsider — vote 36 

Referring  papers 36 

Revision  Committee — report  any  time 12 

Reports — committed 28 

to  be  in  w^ritingif  required 20,38 

if  against,  reason  to  be  given 20,38 

Resolutions — rejected 39 

out  of  order 47 

expenditure  of  money  to  be  endorsed 48 

out  of  regular  order 37 

Rej  ected — propositions 39 

ordinances 39 

resolutions . 39 

Rules — governing  committee  of  the  w^hole 56 

dispensed  with 45 

j  oint  rules page  764 

Special  committees — reports 4 

Standing  committees — pay  roll  and  vouchers 4 

reports 4 

Unfinished  business 4 

Undebatable  motion's — to  commit 37 

to  recommit 28,37 

previous  question 22, 25 

lay  on  the  table 22 

adjourn 22 

Vote— form  of 6 

division 7 

President 8 

every  member  unless  excused 19 

reconsidered 37 

shaU  not  explain 24 

Vouchers — report - 4 

registered . 13 

Wards — for  new  business 4 

Yeas  and  nays — when  called 33,42 

when  called,  President  votes  first. 8 

when  called,  can  not  explain • 24 


Index  to  Act  for  Government  of  Cities 

of  the  First  Class. 

(INCLUDING  CONSTITUTIONAL  PROVISIONS.) 


1.  General  and  Miscellaneous  Provisions, 

2.  Boundaries. 

3.  Legislative  Department. 

4.  Officers. 

General  Provisions. 

Assessor. 

Auditor. 

Bond  Recorder. 

Building  Inspector. 

City  Attorney. 

City  Buyer. 

City  Engineer. 

Comptroller. 

Inspector  of  Weights  and  Measures. 

Live  Stock  Inspector. 

Mayor. 

Plumbing  Board. 

Plumbing  Inspector. 

Property  Clerk. 

Tax  Receiver. 

Treasurer. 

Wharf  Master. 

5.  Executive  Boards — Public  Works  and  Safety. 

6.  PubUc  Ways. 

7.  Parks. 

8.  Pubhc  Wharves. 

9.  Police  Department. 

10.  Police  Court. 

General  Provisions. 

Prosecuting  Attorney — Police  Court. 

Bailiff. 

Clerk  of  PoUce  Court. 

Interpreter  of  Police  Court. 

Judge  of  Police  Court. 

Stenographer  of  Police  Court. 

11.  Fire  Department. 

12.  Education. 

13.  Revenue  and  Taxation. 

General  Provisions, 

Assessment. 

Collection. 

14.  Sinking  Fund  and  Water  Works. 

15.  Licenses. 

General  Provisions. 
Liquor  License. 

16.  Tenement  House  Law^. 

1,     GENERAL  AND  MISCELLANEOUS  PROVISIONS. 

SEC. 

Action  against  city — limitation 2752 ,  2882 

Adverse  possession — streets,  etc.  (note  §2832) 2546 


1132 INDEX  TO  ACT  FOR  GOVERNMENT  OF 

1.     GENERAL  AND  MISCELLANEOUS  PROVISIONS— Continued.       SEC. 

Apartment  Houses 3037g 

Bank — to  be  selected  as  depository 2903 

to  give  bond 2903 

to  pay  interest 2903 

Board  of  Water  Works 3024a 

Board  of  Education 2978a 

Board  of  Health.     (See  Ky.  Stat.,  Sec.  2059.) 

compensation.     (See  Ky.  Stat.,  Sec.  2060.) 

Board  of  Children's  Guardians  (see  p.  1043) 2008 

Bonds — issual  of  (see  Constitution,  Sec.  158). 
issual  of  (see  "Sinking  Fund"), 
liability  under  to  be  fixed  (see  Ky.  St.,  Sec.  186d). 
(see  "Sewer  Commission"). 

Boundaries  (see  under  2  hereof) 2760-2764 

Bribery  of  officer  or  councilman 2757 

Charters  in  force  at  adoption  of  Constitution  (see  Constitution,  Sec.  166). 

Charitable  institutions — taxes  levied  for 2981 

Children's  Guardians,  Board  of  (see  p.  1063) 2008 

B oard — how  removed 2012 

taxes  to  maintain 2013 

Circmt  judges — salary  supplemented  (repealed) 2750 

City  Work  House — escape  from 2749 

Classification  of  cities  (see  Constitution,  Sec.  156) 2740 

Commonwealth's  Attorney — salary  supplemented  (repealed) 2750 

Contracts — unauthorized  void  (see  Constitution,  Sees.  157,  161,  179). 

power  to  make 2742 

money  due  under  to  be  offset  against  taxes  due 2753 

cannot  contract  beyond  appropriation  (see  Constitution,  Sees. 

157,  161,  179) 2820 

Corporate  power 2742,2783 

(See  also  Constitution,  Sec.  60,  181). 

Departments — of  Government 2743 

neither  shall  encroach  on  other 2743 

may  be  examined 2797 

Deficit  tax 2981 

Elections — constitutional  provisions  (see  Constitution,  Sees.  160, 167). 

EUgibility  to  office 2746 

oath  as  to  eligibility 2745 

constitutional  provisions  (see  Constitution,  Sees.  160,  165,  237). 

Embezzlement  by  officer — penalty 2747 

Evidence— pubhc  records 2775, 2874, 2896a (4) 

to  j ustif  y  license 3019 

tax  bills 2996 

Excavation  near  bmlding — provision  for 2839a 

Executive  Boards  (see  under  5  hereof) 2802,2864 

Executive  department  (see  "Officers"). 

False  entries  by  officer — penalty 2747 

Fees  to  be  accounted  for 2812 

Fiscal  year — when  to  begin  and  end 2754 

Franchises — granting — limit  of  power  (see  Constitution,  Sec,  164), 

assessment  of  (see  Constitution,  Sec.  181) 2984a 

sale  of 3037d 

renewal  of  where  public  necessity 3037d 

when  city  may  purchase 3037d(2) 

value,  how  fixed 3037d(3) 

quality  of  service  and  rate  charged 3037d (4) 

exclusive  not  to  be  granted 3037d(5) 

Gas  Company  stock — power  to  sell 2783a 

proceeds  of  sale 2783a(2) 

application  of  proceeds 2783a (2) 


CITIES  OF  THE  FIRST  CLASS. 1133 

1.     GENERAL  AND  MISCELLANEOUS  PROVISIONS.— Continued.     SEC. 

Gas  Company — General  Council  may  authorize  amendment  to  Char- 
ter      2783a(3) 

General  laws  to  govern  municipalities  (see  Constitution  Sees.  156,  181,  235j 

General  purpose  taxes  for  (see  Constitution,  Sec.  180) 2981 

Health  Department — under  Board  of  Safety 2861 

Hospital  (see  "Tuberculosis  Hospital"). 

under  Board  of  Safety 2861 

House  of  Reform — escape  from 2749 

taxes  levied  for 2981 

Impeachment — by  Board  of  Aldermen 2781 

appeal  from 2781 

Incorporation 2742 

Indebtedness  of  city  and  county 2744 

limit  of  allovsred — (see  Constitution,  Sees.  157,  158). 
viThen  to  be  paid  (see  Constitution,  Sec.  159). 
not  to  be  released  (see  Constitution,  Sec.  52). 
contracts — when  void  (see  Constitution,  Sec.  157). 
paj^ing  principal  and  interest  (see  Constitution,  Sec.    59). 

Inquest — stenographer's  report  (see  Ky.  St.,  See.  537). 

Inspection  laws  (see  Ky.  St.,  See.  2201). 

Interest — depositors  to  pay 2903 

(see  "Revenue  and  Taxation".) 

Jail — chaplain  for 2877b 

matron  for . 2877a 

Judicial  Department 2743 

(see  "Officers.") 

Juvenile  Court — tax  to  sustain  (see  Ky.  St.,  Sec.  331e-21). 

Legislative  department  (see  under  3  hereof) 2765,2783a 

Legislative,  executive  and  judicial  departments 2743 

Legislation — affecting  municipalities  to  be  general  (see  Constitution, 
Sees.  60,  156). 

Library— pubLLc,  provision  for 2801a,  2801b,  2801c,  2981 

county  branches . __.2801c     (2) 

to  be  free     2801b  (1) 

tax  to  be  levied  for ■ 2801a  (2), 2801b  (6) 

to  report  to  Mayor 2801a  (2) 

non-residents  may  use 2801b  (1 ) 

trustees  to  be  named  by  Mayor 2801b  (3) 

where  money  to  be  deposited 2801b  (5) 

trustees  to  report  to  General  Council 2801b  (6) 

funds  not  to  be  diverted 2801b  (6) 

trustees  may  accept  donations 2801b  (7) 

taxes  levied  for 2801a,  2801b,  2981 

used  by  county  residents 2801c.     (1) 

Limitation  of  action  against  city 2752,2882 

Local  self-government,  how  far  secured  (see  Constitution,  Sees.  60, 181). 

Louisville  Water  Company 3024a 

Map — Sewerage  Commission  to  make 3037b  (3) 

to  be  filed  of  property  offered  to  the  city 2826 

Misapplication  of  funds  by  officers 2747 

Mob — when  city  liable  for  acts  of  (see  Ky.  St.,  Sec.  8). 

Money — withholding  by  officer — penalty 2747 

forfeited  or  vsathheld — no  suit  to  recover 2882 

Oath  required  of  all  officers 2745 

(see  also  Constitution,  Sec.  228). 

Obligation  due  taxpayer — deducted  from  taxes-_  2753 

Office— eUgibility  to 2746 

Officer — holds  till  successor  qualifies 2748 

exception — General  Council 2768 

and  agents  may  be  appointed 2756,2780 

making  false  entries •. 2747 

oath  to  be  taken 2745 


1134 INDEX  TO  ACT  FOR  GOVERNMENT  OF 

1.     GENERAL  AND  MISCELLANEOUS  PROVISIONS.— Continued.     SEC. 

term — duties  compensation 2756 

.  when  to  take  ofSce 2759 

(see  also  under  4  hereof.) 
Oflficers — Constitutional  provisions — 

election,  term,  eligibility  (Sec.  160). 

definition  of  "Fiscal  Officers"  (Sec.  160). 

compensation  and  term  not  to  be  changed  (Sees.  161,  235). 

not  to  hold  incompatible  offices  (Sees.  165,  237). 

form  of  oath  to  be  taken  (Sec.  238). 

to  reside  witliin  their  districts,  etc.  (Sec.  234).  \ 

general  laws  to  punish  neglect  of  duty  (Sec.  235). 

time  of  entering  upon  duties  (Sec.  236). 
Ordinances — codification 2751 

power  to  pass 2742,2782,2783 

duty  of  City  Attorney  respecting 2751 

certified  copy 2775 

evidence  to  establish 2775 

publication  every  four  years 2751 

invalid  unless  published  quadr eniaUy 2751 

j udicial  notice  of 2775 

regarding  vaccination  (see  Ky.  St.,  Sec.  4611). 

Umit  of  penalty  (see  Constitution,  Sec.  168). 
Organization  of  cities  and  towns  (see  Constitution,  Sec.  156). 

Pawn  brokers — police  supervision 2886,2887 

Penal  institution — aiding  escape  from 2749 

conceaUng  or  harboring  persons  escaped  from 2749 

Physicians  employed — pay 2060 

Plumbing  department  and  regulations 3037f 

Police  Court  Matron 2946a 

Prisoners — aiding  to  escape — penalty 2749 

Property— may  acquire  and  own  for  municipal  purposes 2742 

compensation  (see  Constitution,  Sec.  242). 

dedication — maps  and  plats 2826 

Public  records 2775,2874 

Pubhc  library— provision  for 2801a, 2801b,'; 801c 

Public  service  corporations — to  make  way  for  sewers 3037b  (8) 

consent  to  use  of  streets  (see  Constitution,  Sec.  163). 
Public  Ways  (see  under  6  hereof). 
Resolutions — power  to  pass 2742 

joint  to  have  Mayor's  approval 2795 

Real  estate — how  purchased 2823 

Seal — may  adopt  and  change 2742 

may  act  writhout 2742 

Sewerage  Commission — concerning 3037b 

Separation  from  county 2744 

city  and  county  indebtedness 2744 

Suits  by  and  against 2742 

Tuberculosis  Hospital— Board^how  constituted 3037c 

Board— election  of 3037c  (3) 

vacancies  in  Board 3037c  (4) 

tax  to  be  le\aed  for 3037c  (5) 

Tenement  House  Act  (see  special  index  thereto  under  16 hereof. ..._  3037g 

University — tax  levy — site '---  2948a 

Vaccination — ordinance  relating  to  (see  Ky.  St.,  Sec.  4611), 

Vagrants 4767 

Water  Works^concerning 3024a 

Weights  and  measures — penalty  for  using  defective 2755 

2.     BOUNDARIES. 
Annexation  or  reduction— ordinance.. 2761 


CITIES  OF  THE  FIRST  CLASS. 1135 

2.     BOUNDARIES— Continued.  SEC. 

appeal  from  j udgment 276:^ 

judgment  certified  to  Council 2763 

jury  to  try  case 2762 

publication  of  ordinance 2761 

remonstrance — petition  in  Circuit  Court 2762 

seventy-five  per  cent  to  remonstrate 27G2 

verdict^when  adverse  to  city — no  further  effort  for  two  years_  2762 

Annexing  smaller  city 2764 

Existing  boundaries  continued 2760 

Filing  maps  and  plats 2826 

3.     LEGISLATIVE  DEPARTMENT. 

Aldermen  elected  from  city  at  large  (see  Constitution,  Sees.  10,  167).  2767 

exempt  from  jury  and  militia  service 2776 

expulsion — tvs^o-thirds  maj  ority 2771 

impeachment . 2781 

privilege— debate 2776 

to  elect  President  annually 2770 

shall  judge  of  eligibility  and  election  of  members 2771 

Annexing  or  reducing  territory 2761 

Appropriation  bills — disapproval  of  items  by  Mayor 2796 

Clerk  elected  by  each  board 2770 

Councilmen  elected  from  city  at  large  (see  Constitution,  Sees.  160, 167)  2766 

eligibility — members  shall  be  judge 2771 

expulsion — tw^o-thirds  maj  ority 2771 

exempt  from  jury  and  militia  service 2776 

privilege — debate 2776 

qualification — must  be  voters  and  residents 2766 

two  from  each  ward 2766 

to  elect  President  each  year 2770 

to  elect  Clerk 2770 

may  elect  Sergeant  at  Arms 2770 

Gas  Company  stock— power  to  sell 2783a 

General  Council — two  boards 2765 

appropriations — not  to  exceed  ninety-five  per  cent  of  revenue.  2982 

attendance  coerced ^ 2772 

adjournment — for  not  longer  than  thirty  days 2772 

Board  of  Health— to  establish  (see  Ky.  St.,  Sec,  2059). 

bonds  for  park  purposes — submission  to  voters 2854 

clerk  elected  by  each  board 2770 

contract — members  not  to  be  interested  in 2768 

to  be  approved  by 2829 

convened  by  Mayor 2798 

convene — when  to,  after  election . -.-.---  2772 

debate — not  to  be  questioned  elsewhere - 2776 

expulsion  of  members 2771 

fines — power  to  impose ,. 2782 

Gas  Company  stock — may  authorize  sale 2783a(3) 

journal. 2773 

members  not  eligible  to  office  by  election  of  board 2779 

members  not  eligible  on  Board  of  Public  Works  or  Board  of  Pub- 
lic Safety 2802 

members  exempt  from  jury  service 2776 

meetings,  where  to  be  held 2772 

meeting  place  not  to  be  changed — exception 2772 

misdemeanor— power  to  impose  fines 2782 

oath  of  office  (see  Constitution,  Sec.  228) 2745-6,2768 

ordinance — power  to  pass  generally  (see  Constitution,  Sec.  168)  2783 

Mayor — when  tie  vote  to  elect 2787 


1136 INDEX  TO  ACT  FOR  GOVERNMENT  OF 

3.  LEGISLATIVE  DEPARTMENT.— Continued.  SEC. 

Mayor  may  convene 2798 

penalties,  power  to  prescribe 2782 , 2801b  (8) 

map — assessment — to  provide 2986 

place  and  time  of  meeting — quorum 2772 

president  elected  by  each  board 2770 

privilege — debate 2776 

proceedings  to  be  public  records 2775 

proposition  to  raise  money 2778 

purchases — to  approve 2801 

qualification  of  members 2768 

taxes — to  be  levied  and  not  diverted  (see  Constitution,  S  e  cs  170, 

179-181) 2816 

to  levy  on  property 2980 

quorum 2772 

Sinking  Fund  Commissioners — election 3010(3) 

Sinking  Fund,  no  power  to  diminish  resources  of 3010(8) 

Sinking  Fund,  to  make  reports  to 3010(17) 

term  of  office 2768 

vacancies — how  filled 2771 

office  of  Mayor 2788 

Health— board  of,  established  (see  Ky.  St.,  Sec.  2059). 

Legislative  power  vested  in  General  Council 2765 

Misdemeanor — ordinance  imposing  fine 2782 

Officers  and  agents — appointment 2756 ,  2780 

removal 2781 

Ordinance — amendment — only  by  repealing 2777 

acquittal  o  r  conviction  under,  a  bar  (see  Constitution,  Sec.  168). 

adoption — must  be  on  separate  days 2777 

agents  to  be  named  as  provided  by  ordinance 2780 

Circuit  Judges  salary  supplemented  (repealed) 2750 

Commonwealth's  Attorney's  salary  supplemented  (repealed).-  2750 

Comptroher— to  be  filed  with 2900 

conviction  under  bars  another  prosecution  (see  Constitution, 
Sec.  168). 

codification  and  publication i 2751 

copies  evidence - 2775 

custody  of  Comptroller 2900 

discussion — free  to  be  had 2777 

election  of  officers  and  agents 2780 

imposing  fine  for  misdemeanor 2782 

improving  public  ways— two  weeks  to  elapse  between  meetings  2834 

j  udicial  notice 2775 

misdemeanor — imposition  of  line 2782 

money — to  raise,  where  to  originate — not  to  conflict  with  State 

laws ._ 2783 

not  to  pass  both  houses  same  day 2777 

officers  to  be  named  as  provided  by  ordinance . 2780 

one  subject 2777 

passage— reading 2777 

penalty  for  violation  (see  Constitution,  Sec.  168). 

power  to  pass • 2783 

presented  to  Mayor 2795 

publication 2751 

to  be  read  in  full -_-... 2777 

subj  ect— not  to  embrace  more  than  one  subj  ect,  to  be  expressed 

in  title 2777 

to  raise  money 2778 

veto  by  Mayor 2795 

veto — may  pass  over  veto 2795 

withholding  by  Mayor 2795 


CITIES  OF  THE  FIRST  CLASS. 1137 

3.    LEGISLATIVE  DEPARTMENT— Continued.  SEC. 

President — elected  by  each  board --  2770 

Board  of  Aldermen  to  call  election  to  fill  vacancy • 2788 

Board  of  Aldermen— when  to  act  as  Mayor 2789 

Proposition  to  raise  money  to  originate  in  lower  board 2278 

Publication  of  ordinance 2751 

Public  library— provision  for 2801a,  b,  c 

Public  records — evidence 2775 

Public  Ways — improved  by  ordinance 2829 

dedication 2826 

Reducing  territory 2761 

Representation  equal  and  uniform 2766 

Resolutions  to  be  presented  to  Mayor 2795 

Vaccination — ordinances  relating  to  (see  Ky.  St.,  Sec.  4611). 

Wards— number  of 2769 

to  be  equal  as  to  population 2769 

Warehousemen — hcense  (see  Ky.  St.,  Sec.  4748). 

Wells  and  cisterns  made  by  ordinance 2826 

4.     OFFICERS— GENERAL  PROVISIONS. 

Aldermen — (see  "Legislative  Department,"  ante  4). 

Agents  and  oflacers  to  be  named  as  provided  by  ordinance 2780 

Bailiff  Police  Court— (see  "Police  Court",  post  10). 

Board  of  Public  Works  and  Safety  (see  "Executive  Boards",  post  5). 

Bonds  to  be  fixed  by  ordinance 2756 

Bonds— liability  to  be  fixed  (see  Ky.  St.,  Sec.  186d). 

Bribery  of  officers— penalty 2757 

Clerk  of  Police  Court— (see  "Police  Court",  post  10). 

Compensation  prescribed  by  ordinance 2756 

not  to  be  changed  during  term  (see  Constitution,  Sees.  161, 235). 

Contract— penalty  for  making  beyond  appropriation 2821 

(see  also  Constitution,  Sees.  157,  161,  179). 

Duties  prescribed  by  Council 2756 

Elective  officers — when  to  take  office 2759 

when  Councilmen  to  take  office 2772 

Eligibility 2746.2779 

Embezzlement 2747 

Entry — failure  to  make  proper — penalty 2742 

Examination  of  departments  and  offices 2797 

Executive  and  ministerial — removal , - 2781 

False  entries  by  officers 2747 

Fiscal  officers  (see  Constitution,  Sec.  160). 

Hold  office  until  successor  quaUfies 2748 

exception 2768-2772 

Incompatible  offices  (see  Constitution,  Sees.  165,  237). 
Interpreter  of  Pofice  Court  (see  "Police  Court",  post  10). 
Judge  of  Police  Court  (see  "Police  Court"  Post  10;  see  also  Con- 
stitution, Sees.  143,166,167). 

Matron  for  jail 2877a 

Misapplication  of  funds 2747 

Oath  required  of  officers  (see  Constitution,  Sec.  228) 2745 

Ordinance  to  provide  for  election  or  appointment  of 2780 

Penalty  for  attempting  to  bind  city  beyond  appropriation 2821 

Police  Court  Matron 2946a 

Prosecuting  Attorney  of  Police  Court  (see  "Police  Court",  post  10). 

Removal  of  executive  and  ministerial  officers 2781 

Removal  of  employes  of  boards 2810 

Removal  of  officials  appointed  by  Mayor 2974 

Stenographer  of  Police  Court  (see  "Police  Court",  post  10). 

Terms  prescribed  by  Council  (see  Constitution,  Sees.  161,  235) 2756 

Time  of  election  to  be  fixed  by  ordinance 2756,2780 

Time  to  take  office 2759 


1138 INDEX  TO  ACT  FOR  GOVERNMENT  OF 

4.    OFFICERS— Continued. 

Assessor.  SEC. 

Assessment  of  franchise 2984a 

Bond  executed  by 2906 

Cash  value — to  assess  property  at '  2984 

Deputies — appointment 2906 

Duties 2906-2989 

Election  by  Council 2906 

False  entries 2747 

Franchises— manner  of  assessment 2984a 

Investigation  of  deaths  and  transfers 2989 

Lands  and  improvements  to  be  view^ed 2987 

List  tax  bills  vsrith  Tax  Receiver 2996-7 

Oaths — may  administer 2906 

Power  and  duties 2906 

Purchase  of  real  estate — notice  by 2907 

notice  to 2907 

Real  Estate— transfers 2906,2989 

Register  of  transfers  of  real  estate 2907,2989 

Statement  of  payments  by  taxpayers 2908 

Viewed — land  and  improvements  to  be 2987 

Auditor. 

Accounts  of  city  to  be  kept  by 2901 

Audit  of  aU  claims  against  city 2901 

Bond  to  be  executed 2901 

Duties  and  powers 2901 

Election  by  voters  of  city 2901 

Embezzlement  or  misapplication  of  funds 2747 

False  entries 2747 

Oaths — power  to  administer 2901 

Salary 2901 

Bond  Recorder. 

Appointment — term 2947 

Bond  required  of 2947 

Bonds  to  be  executed  before 2947 

Deputies — appointment ^ 2947 

bond  required  of 2947 

salaries , 2947 

Fees  for  taking  bonds 2947 

paid  into  City  Treasury 2947 

Powers  and  duties 2947 

Qualifications 2947 

Records — tokeep-..     _-.  .  2947 

Removal 2947 

Salary 2947 

Building  Inspector. 

Building  Inspector — office  created 2758 

City  Attorney. 

Appointed  by  Mayor — term 2909 

Assistants  appointed — duties 2910 

qualifications . 2910 

salary 2910 


CITIES  OF  THE  FIRST  CLASS. 1139 

4.     OFFICERS.— Continued.  SEC. 

Condemnation  of  property — to  institute  suit  for 2831 

Duties 2909 

Ordinances  to  be  codified  by 2751 

Opinions  and  advice 2909 

Park  Board — duties  concerning 2852,2859 

Pension  Boards — attorney  for 2896a 

Public  ways — to  institute  suit  to  close 2832 

Salary,  City  Attorney 2909 

assistants 2910 

City  Buyer. 

City  Buyer — appointed  by  Mayor 2801 

purchases  to  be  made  by . 2801,2822 

to  report  all  purchases  to  Comptroller  daily 2801 

City  Engineer. 

Appointment 2810 

Assistants  and  salary 2810 

Comptroller. 

Appointed  by  Mayor — term 2807 

Bank  to  be  selected  as  depository 2902 

Bond  to  be  executed  by 2898 

City  Buyer  to  report  to  daily 2801 

Clerk— appointment  of 2900 

Copies  of  records — to  be  attested  by 2899 

Custodian  of  City  and  records 2899 

Duties  and  powers 2897,2899 

Embezzlement 2747 

False  entries 2747 

Misapplication  of  funds 2747 

Ordinances  to  be  printed  and  filed  with 2900 

Park  Commissioners'  oath  to  be  filed  with ._.  2842 

Park  Commissioners'  bond  to  be  filed  with 2843 

Records — what  they  must  show 2898 

Report  annually  to  Mayor  and  CouncU 2898 

Tax  bills — unpaid  to  be  reported  to 3000 

Tax  Receiver's  books — prescribe  manner  of  keeping 2904 

Treasurer  to  report  balances  to 2902 

Warrants  on  tax  bills  made  out  by 3001 

to  be  returned  to  comptroller 3002 

Inspector  of  Weights  and  Measures. 

Inspector  of  Weights  and  Measures 2755 

not  to  charge  fees 2755 

salary 2755 

standard  weights  and  measures  (see  Ky.  St.,  Sees.  4815-4823a). 

Live  Stock  Inspector. 

Bond  required .  2948 

Deputies 2948 

Elected  by  council — term 2948 

Powers  and  duties 2948 

Salary 2948 


1140  INDEX  TO  ACT  FOR  GOVERNMENT  OP 

4.    OFFICERS.— Continued  SEC. 

Mayor. 

Absence  or  disability — who  to  act 2789 

Accountants — may  appoint  three 2797 

Appointment  of  City  Buyer 2801 

Appointment  of  Examiner  of  Departments,  etc 2797 

Appropriation  bills — disapproval  of  items 2796 

Approval — purchase  by  City  Buyer 2801 

purchase  by  boards 2822 

Bank  to  be  selected  by  as  depository 2902 

Boards — appoint  and  removal  of 2802 

to  settle  disputes  between  members . 2814 

approval  of  purchases  by 2822 

City  Buyer — to  be  appointed  by 2801 

Clerk — appointment  and  removal 2792 

Contracts  with  city — not  to  be  interested  in 2786 

Convening  General  Council 2798 

Departments — may  be  examined 2797 

Duties  to  be  performed  by 2791-2793 

Election  and  term  (see  Constitution,  Sec.  160) 2784,2787,2790 

Election— tie  vote 2787 

Eligibility — chief  executive  (see  Constitution,  Sec.  160) 2785 

Executive  power — vested  in  Mayor 2784-2785 

General  Council — may  convene 2798 

to  transmit  reports  to 2815 

Joint  resolution  to  be  presented  to 2795 

Judge  pro  tem  of  Police  Court — to  appoint 2925 

Library,  pubhc — duties  with  respect  to 1 2801a, 2801b 

Matron  for  jail — appointed  by : 2877a 

Mayor  pro  tem — election 2788 

compensation 2788 

Oath — may  administer 2799 

Officers — to  have  supervision  over 2793 

may  remove 2794 

Ordinances — and  resolutions  presented  to 2795 

may  approve  or  disapprove 2795 

Powers 2791,2801 

President  of  Board  of  Aldermen — to  act  as 2789 

compensation  when  Mayor 2789 

Purcliases — to  approve 2801 

Real  estate — to  be  purchased  by 2823 

Removal  of  officials 2794 

Salary 2800 

Sewerage  Commission — member  of 3037b 

Supervision  over  boards 2793 

Trustees — Public  Library — to  name 2801b  (3) 

Tuberculosis  Hospital — member  of  board 3037c  (2) 

Vacancies — when  to  flU 2791 

Vacancy— how  mied 2788 

Veto  power 2795 

parts  of  appropriation  bills 2796 

Water  Works  Board 3024a 

When  to  take  office •-     2790 

Withholding  ordinance 2795 

Police  Court.     (See  "Police  Court,"  Post  10). 
Police  Department.     (See  "Police  Department,"  Post  9.) 

Plumbing  Board 3037f 

Plumbing  Inspectors 3037f 

Property  Clerk. 
Property  Clerk — bond  and  duties 2888 


CITIES  OF  THE  FIRST  CLASS. 1141 

■   4.    OFFICERS— Continued. 

Tax  Receiver.  SEC. 

Bond  executed 2904 

Deputies — appointed  and  removal 2904 

salaries 2904 

Duties  and  powers 2904 

Election  by  voters  of  city ___  _ 2904 

Eligibility 2904 

Embezzlement  or  misapplication  of  funds 2747 ,2905 

False  entries 2747 

Notices — to  be  given  tax  payers 2999 

Qualifications 2904 

Salary — to  be  fixed  by  General  Council . 2904 

Settlements — to  be  made  daily 2S04 

to  be  made  yearly 2904 

Statements  to  Assessor  and  Comptroller — to  be  made  daily 2904 

Vacancy  in  ofiice 2904 

Warrants — to  be  levied  by 8002 

Treasurer. 

Treasurer — election  and  duties , 2902 

all  money  to  be  paid  to 2811,2902,2917 

member  of  pension  board 2896a 

required  to  give  bond 2902 

to  report  balances  to  Comptroller 2902 

bank  to  be  selected  as  depository 2903 

misapplication  of  funds 2747 

Wharf  Master. 

Appointment — duties — compensation 2860 

Board  of  Works — control  of  wharves,  etc 2860 

Lease  of  wharf  property 2860 

Receipts,  disposition  of 2860 

(See  also  "Police  Department"  and  "PoUce  Court"  for  provisions 
concerning  offices  of  that  Department,  and  of  the  Police  Court.) 

5.     EXECUTIVE  BOARDS— PUBLIC  WORKS  AND  SAFETY. 

Annual  reports  submitted  to  Mayor 2815 

Appointment  and  removal  of  ofl3.cers  and  employes 2810 

Executive  power  vested  in 2784 

Board  of  Public  Works  and  Safety — appointment 2802 

agents — power  to  employ 2809 

appropriation — penalty  for  attempt  to  exceed 2820 

books,  records  and  property — indexes 2803 

business  to  be  transacted  at  office 2804 

chairman  of  board 2805 

contracts — how  executed 2817 ,2822 

General  Council — to  have  seats  in 2807 

General  Council — may  be  compelled  to  attend  meetings  of 2807 

employes  not  to  receive  perquisities 2811 ,2812 

employes  to  make  oath  concerning  fees  before  salary  paid 2813 

j  ^urnal  of  proceedings 2804 

mayor  to  settle  disputes  between  members 2814 

member  may  take  part  in  council  proceedings 2807 

member  to  act  only  by  authority  of  board 2806 

not  to  be  interested  in  contract 2818 

money — when  to  be  paid  out 2819 

oaths — power  to  administer 2808 


1142  INDEX  TO  ACT  FOR  GOVERNMENT  OF 

5.    EXECUTIVE  BOARDS— Continued. 

SEC. 

officers — power  to  employ  and  remove 2809,2810 

official  business — to  be  transacted  at  office 2804 

penalty  for  attempting  to  bind  city  beyond  appropriation 2820 

power  to  bind  city  limited  to  amount  appropriated 2819 

qualifications  of  members 2802 

removal  of  employes 2810 

reports — to  be  made  to  Mayor 2815 

rules — power  to  prescribe 2803 ,2805 

taxes  to  be  levied  for 2816 

taxes  not  to  be  diverted 2816 

times  and  place  of  meeting 2805 

Board  of  PubUc  Safety — ^three  members'. 2861 

appointment  of  police  force  and  increase  of  same 2880 

births,  marriages  and  deaths — registration 2861 

by-laws — government  of  inmates  of  institutions 2862 

Chief  of  PoUce — to  appoint 2865 

Chief  of  Firemen — to  appoint 2865 

control  of  Pohce  Force 2873,2874,2880 

deduction  from  time  of  persons  confined 2864 

employes  under — quahfications 2866 

employes  under — manual  of  instruction  to  be  furnished 2867 

enforcement  of  ordinances . 2876 

engine  houses — may  establish  and  provide 2896a (6) 

examination  of  charges — powers 2874 ,2875 

Fire  Department — to  appoint  and  control 2896a  ,2861 ,2810 

Health  Department — to  appoint  and  control 2861 ,2810 

Hospital  Commission 3037e 

information  furnished  by 2876 

inspection  of  Police  Force 2895 

institutions — may  locate 2863 

•Police  Force  and  employes — to  fix  salaries 2884 

powers  and  duties 2861,2874-5,2881,2810 

promoting  policemen 28S0 ,2881 

property — clerk  to  take  charge  of 2888 

reducing  grade  of  policemen 2880 

rerhoval  of  policemen 2881-2 

rules— power  to  make 2882,2896a-4-ll 

salary 2861,2884 

Tuberculosis  Hospital 3037c 

witness— compel  attendance ^- 2875 ,2896a-2895 

Board  of  Public  Works — three  members 2824 

apportionment  warrants  to  be  made  out  by 2833,2839 

condemnation  of  property — board  may  order 2831 

condemnation — procedure 2831 

contract — work  to  be  done  under — publication 2829 

contract — to  lowest  and  best  bidder 2830 

contract — to  accept 2829 

control  of  pubhc  ways 2825-2826 

control  of  market  houses 2835 

dedication  of  streets — to  be  approved  by 2826 

dedication  of  streets — refusal  to  approve 2826 

departments  under — to  name  heads 2810 

lighting  streets  and  public  places 2825 

improvements — property  owners  may  make 2835 

improvements — to  be  inspected  and  received  by  Board 2837 

plans  and  specifications — may  alter 2830 

public  buildings — control  of 2827 

public  improvements — control  of 2827 

public  improvements — estimate  of  cost ^ 2828 


CITIES  OF  THE  FIRST  CLASS. 1143 

5.    EXECUTIVE  BOARDS— Continued.  SEC. 

salary 2824 

wharves — to  be  under  control  of 2860 

Chief  Engineer — examination 2810 

quaUfication 2810 

compensation 2810 

assistants 2810 

assistants — compensation 2810 

Chiefs  of  departments — appointment  and  removal 2810 

Condemnation  of  property 2831 

Contracts — how  executed 2817 

for  expenditures — how  approved 2822 

Mmit  of  power  to  bind  city 2820 

member  not  to  be  interested  in .  2818 

Estimate  of  cost  of  work  and  material 2828 

Improvements — acceptance  of  bids 2829 

alterations  of  plans  and  specifications 2830 

contracts  for 2829 

directed  by  ordinance 2826 

pubhcation  for  proposals 2829 

specifications 2829 

Liability  for  attempt  to  bind  city  beyond  appropriation 2821 

Market  houses — control  over 2825 

Money — conditions  upon  which  paid  out 2819 

Oflacers  and  employes — employment  and  removal 2809 ,  2810 

to  account  for  fees  received 2812 

compensation 2809 

perquisites  not  to  be  received 2811 

statements  and  returns 2813 

Power  to  bind  city  Umited 2820-21 

Public  ways — improvement  directed  by  ordinance — plats  and  maps  .  2826 

Real  estate  purchased  for  use  of  board 2823 

Reference  of  disputes  to  Mayor 2814 

Sewerage  commission 3037a,  b 

Station  and  station  houses 2877 

Subordinate  officers  and  employes — removal 2810 

Taxes  coUe'cted  and  creidted  to  boards 2816 

Wells  and  cisterns — to  be  provided  for  by  ordinance — maps 2826 

costs  of — lien 2834 

6.     PUBLIC  WAYS. 

Action  to  enforce  lien — evidence 2834-38 

Adverse  possession — streets,  etc.  (note  page  842) 2546 

Apportionment  warrants — registration 2839 

how  made  out 2833,2879 

against  State 2833a 

lien— when  valid 2839 

payment  noted  on  register 2839 

Cisterns 2834,2826 

Claim  against  State  on  apportionment  warrant 2833a 

Cleaning  streets— taxes  for 2981 

Closing  street  or  alley — suit  to  be  brought 2832 

Construction — how  cost  assessed 2833 

Corporations — restricting  as  to  use  of  street  (see  Constitution,  Sec. 
163). 

Curbing — how  apportioned 2833 

Dedication  of  streets — how  made 2826 ,  2832 

must  be  accepted 2832 

Excavations — near  pubhc  ways — retaining  walls 2839a 

Fire  hydrants— cost  of 2833 


1144       INDEX  TO  ACT  FOR  GOVERNMENT  OF 

6.    PUBLIC  WAYS— Continued.  SEC. 

Improvements — defined 2832 

city  notUable  for 2834 

property  owners  may  make 2836 

directed  by  ordinance ^.^^_ 2826 

lien  for — how  enforced _  — 2838 

Inspection  and  reception  of  work 2837 

notice  of — publication 2837 

Lien  for  costs  of  improvement 2834 

how  enforced 2834,2838 

meaning  of 2832 

Maps  and  plats  of  proposed  public  ways,  etc 2826 

Original  construction — at  cost  of  lot-owners 2833 

Opened — widened — narrowed— closed  or  constructed  only  by  ordi- 
nance   2826 

Plats  and  maps — proposed  pubUc  ways,  etc 2826 

Private  corporations — restriction  in  use  of  (see  Constitution,  Sec.  163). 

Property-owners  permitted  to  improve — when 2836 

when  to  pay  for  improvements 2833 

Public  ways  defined 2832 

Redemption — after  sale  for  street  improvement 2838 

Sewers — taxes  levied  for -.--  2981 

Sidewalks  and  curbing— costs 2834 

constructed  under  ordinance 2826 

cost  apportioned  to  owners  of  property 2835 

Squares  defined . 2833 

Streets — adverse  possession 2546 

Taxes— levy  for  street  cleaning 2981 

levy  for  street  construction 2981 

levy  for  street  sprinkling 2981 

Territory  not  defined  into  squares ^  2833 

Walls  of  building — to  be  protected  in  excavating 2839a 

Wells  and  cisterns— costs 2834,2833 

provided  by  ordinance 2826 ,  2833 

7.     PARKS. 

Board  of  Park  Commissioners — controlled  by 2840,2851 

accounts — report  to  Mayor 2856 

bond  reqmred 2843 

bond  to  be  approved  by  Mayor 2843 

bond  to  be  filed  with  Comptroller 2843 

compensation 2845-6 

Comptroller— oath  to  be  filed  with 2842 

Comptroller — bond  to  be  filed  with 2843 

condemnation  of  lands 2848,2851,2852 

City  Attorney  to  bring  suit .' 2852 

jury  to  try  cases 2852 

condemnation  proceedings — abandonment  of 2852 

contracts — not  to  be  interested  in 2846 

contracts — power  to  make 2840 

disqualified  from  holding  other  office 2846,2847 

election  and  term  of  office 2841 

eligibility 2841 

gift — may  acquire  by ■. 2849 

gift — not  required  to  accept 2850 

Mayor — ex-officio  member 2841 

member  becoming  disqualified- 2847 

mem.ber — how  elected 2841 

misdemeanor — punished  in  PoUce  Court 2848 

not  to  anticipate  or  charge  income 2855 


^ CITIES  OF  THE  FIRST  CLASS. 1145 

7.    PARKS.— Continued.  SEC. 

number  of  members 2841 

oath  to  be  taken 2842 

oath  and  duties --.-.__ 2848 

powers  and  duties ...2848 , 2849 

President  and  other  officers — salaries ^ 2845 

President  and  other  officers — term  of  office r-r.--  2845 

pubUc  squares  to  be  controlled  by ...  2851 

qualifications ' 2841 

report  of  Mayor 2856 

revenues — can  not  anticipate 2855 

rules — violation  of  to  be  punished  in  PoUce  Court 2848 

salaries  of  President  and  employes 2845 

Secretary  and  Treasurer 2845 

sidewalks — to  plant  shade  trees  along 2851 

term  of  office 2841 

title  to  property — vested  in 2850 

trees — control  along  streets 2851 

vacancies — how  filled 2844 

Vice-president 2845 

Bond  for  raising  money — submission  to  voters 2854 

Bond  for  raising  money — two-thirds  of  voters  to  approve 2855 

City  Attorney — duties  concerning, .. 2852 , 2859 

Condemnation  of  property 2852 

City  Attorney  to  bring  suit . 2852 

Exemption  from  taxation 2850 

Income  for  future  year — not  anticipated  or  changed 2855 

Locating  parks — powers  and  duties  of  board •. 2849 

Park  property — what  included  in  term 2858 

exempt  from  taxation 2850 

Police— special  to  be  provided  by  General  Council 2857 

Property — acquiring 2849 ,  2851 

condemnation 2852 

conveyance  of  real  estate  to  board... 2851 

exemption  from  taxation 2850 

Public  squares 2851 

Shade  trees 2851 

Special  park  police 2857 

Tax  for  parks  and  expenses 2853 

property  of  board  exempt 2850 

8.     PUBLIC  WHARVES. 

Board  of  Puboic  Works  control 2860 

lease  of  property  by -._■-  2860(^2) 

Rents  and  income  from  to  be  paid  City  Treasurer 2860(3) 

Superintendent  and  assistants 2860 

compensation 2860 

vacancy — how  ffiled 2860. 

9.     POLICE  DEPARTMENT. 

Abandoned  property — property  clerk 2888 

Absence  without  leave — dismissal 2883 

leave  of 2883 

Accommodations  for  business 2877 

Action  for  salary — hmitation 2882 

Arrest— policemen  not  subject  to 2896 

Assessments  for  political  purpose  forbidden 2871 

Board  of  Public  Safety— control 2873-75,2810,2861 

disposal  of  property 2878 


1146 INDEX  TO  ACT  FOR  GOVERNMENT  OF 

9.  POLICE  DEPARTMENT.— Continued.  SEC. 

Captains  of  Police 2880,2886 

Chief  of  Police— appointment . 2865 ,  2881 

assistant 2880 

control  of  Police  Force 2868 

when  subordinate  to  Mayor 2868 

pawn  brokers — supervision  over 2886 ,  2887 ,  2889 

rank  of  Colonel 2880 

times  of  peril — subordinate  to  Mayor 2868 

Deducting  or  witholding  pay 2882 

Detective  force 2880 

Dismissing  member 2882-3 

Duties  of  Police  Force 2885 

Evidence — stolen  property  or  money 2891 

Examination  and  inspection  of  force 2895 

Examination  of  charges 2874 

attendance  of  witness 2875 

powers  generally 2875 

Exemption — from  arrest  on  civil  process 2896 

from  j  ury  service 2896 

from  military  duty 2896 

Female  prisoners — detained 2777a 

Forfeiture  of  salary 2883 

Horses  furnished 2877-8 

Information  furnished  by  board 2876 

Inspection  of  force 2895 

proof  of  inefficiency 2895 

Jail — chaplain  for .._  2877b 

Jury  service — not  liable  to 2896 

Lieutenants  of  Police 2880 

Lost  property — property  clerk .    2888 

Manual  of  instruction  furnished 2867 

Matron  for  jail 2877a 

appointment— duties — salary 2877a 

assistant 2877a 

term  of  office 2877a 

vacancies 2877a 

Mounted  patrols 2878 

Oath  and  bond  of  members  of  force 2894 

Officers  and  employes — quahflcation 2869 

Ordinance  enforced 2876 

Parks — poUce  power  to  extend  over 2848 

special  police  for 2857 

Patrolmen— number  of 2878,2880 

Patrol  wagons .. ..2877-8 

Pawnbrokers^supervision  over 2886 ,  2887 ,  2889 

examination  of  books  and  tickets 2887 

Pension  for  policemen 2872a 

Physician  for  jail 2237a 

PoUce  Force — what  to  consist  of 2880 

absence — forfeits  office 2883 

absence — leave  of  allowed  by  Board  of  Safety 2833 

arrest — not  liable  to 2896 

bond 2894 

compensation 2880 

detectives 2880 

duties — preserve  peace,  etc 2885 

ignorance— cause  of  removal 2895 

increase  of  force 2880 

jury  service — not  Uable  to 2896 


CITIES  OF  THE  FIRST  CLASS. 1147 

9.     POLICE  DEPARTMENT.— Continued.  SEC. 

inspection — once  each  year 2895 

money — can't  sue  to  recover  where  forfeited 2882 

oath - - 2894 

resignation — must  be  by  consent  of  Board  of  Safety 2883 

salary -_-- ..--.--.. 2884 

to  advise  and  report  to  board 2879 

Policeman  not  to  receive  gratmty ^^-  2872 

assessment  for  political  purposes  not  allowed 2871 

assist  Bailiff  of  Police  Court 2944 

charges  against 2874 

dismissal— reprimanding-.. _. 2882,2874,2875,2893,2895 

gratuity — not  to  receive. - ---  2872 

insane 2874 

qualification - , 2869,2893 

special  pohce 2870 

withholding  pay  from -^ 2882 

to  report  to  Board  of  Safety . . 2879 

process — may  execute 2943 

Political  organization — not  to  belong  to _- 2896 

Powers  of  officers  and  employes .-__  2869 

Private  policemen — bond — duties 2892 

qualifications 2892 

Process  executed  by  policemen -^ 2943 

Promotions — order  of ^ 2881 

Property  clerk  employed .- 2888 

advertisement  of  property 2888 

charge  of  stolen  property,  etc , -. 2888-89-90 

property  or  money  used  as  evidence 2891 

unclaimed  property  to  be  sold 2890 

Public  pound -.-, 2888 

QuaUfications  of  members  of  force 2866 ,  2892-3 

Removal  of  members  of  Police  Force ., 2874,2875,2882,2893-95 

Reprimanding  member  of  force . 2882 

Rules  and  regxilations — discipline 2874 

copies — evidence _---. 2874 

Salary  of  officers  and  members .--  2884 

payable  monthly 2884 

Sergeants  of  Police 2880 

Special— pohce 2870 

Stations  and  station  houses 2877 

for  women .--.--  2877a 

Stenographer  for  coroner's  inquest  (See  Ky.  St.,  Sec.  537). 

Stolen  property — property  clerk 2888 

evidence — used  as ^ 2891 

Supervision  over  pawnbrokers , 2886 

licensed  and  unlicensed  business 2886 

Suspending  members  of  force 2882 

Taxes — levy  for  PoUce  Department 2981 

Teams  and  vehicles .- _._.  2878 

Unclaimed  property — advertisement  of . .  -l , 2889 

disposition  of ,-.- -_ . 2890 

10.    POLICE  COURT.     (See  Constitution  Sees.  143,  167.) 

General  Provisions. 

Appeals  to  Circuit  and  Appellate  Court 2922 

Attorney — prosecuting 2911 

Baihff 2911 

Bond  to  keep  the  peace 2914 


1148  INDEX  TO  ACT  FOR  GOVERNMENT  OP 

10.    POLICE  COURT— Continued.  SEC. 

of  accused . 2912 

Children — cases  involving  custody  of 2913 

Clerk . 2911 

Confinement  in  w^orkhouse  or  jail 2916 

C ourt  matron . 2928b 

Court  of  record 2911 

Docket 2918 

Doorkeeper 2928a 

Drunkenness  or  disorderly  conduct 2914 

Examining  court 2912 

Failure  to  perform  duty — penalty , 2919 

Fees  and  costs — none  allowed , 2921 

Fines  and  penalties — extent  of _. 2913, 2916 

Fine — paid  into  City  Treasury . 2917 

payment  by  work , _... _, 2916 

Imprisonment — hard  labor . 2913 

Jail — when  to  be  confined  in 2916 

Judge  (See  Constitution  Sees.  143,  160,  167) 2911 

Judge's  Docket — entries 1 2918 

Judgments — control  over ,_ 2918 

suspension  of ,^ .  _     2918 

under  ordinance  bars  other  prosecution  (see  Constitution,  Sec.  168). 

vacation  or  modification __^ ____._.,. ...    2918 

Judicial  power — vested  in .. . . . ., . . . 291 1 

Jurisdiction  of . . ... . 2912 

Jurisdiction  over  offenses  committed  in  parks . . 2848 

Matron  for  jail . 2877a 

Matron  for  Court . . 2946a 

OflScers  of  court _-^^-^-._ .    2911 

election  and  term ^ ... ., 2911 

neglecting  duties — penalties ^^, I 2919 

Parks — jurisdiction  over  offenses  committed  in. __.. 2848 

Place  of  holding  court . . ....    2928 

Practice — rules  and  regulations ._ 2915 

Prisoners  must  be  prosecuted  in  24  hours . 2912 

Rules — may  be  made  by  judge 2915 

Stenographic  report  of  evidence 2912 

Witnesses— fees 2920 

Prosecuting  Attorney  Police  Court. 

Children's  Guardians,  Board  of — to  represent  (p.  1063) 2014 

Commonwealth's  attorney — may  assist 2939 

Duties 2935-2939 

Election  and  term 2911 

Oath  of  office 2935 

Pro  tem.  attorney — compensation 2938 

Qualifications ...... _, 2929 

Representative  of  Commonwealth  and  City 2936 

Salary — deduction  from , .  ,2937-8 

Vacation — time  allowed ^-. 2938 

Bailif!. 

4 

B ond  executed .^ ...... , , ...    2941 

Duties  and  powers 2940, 2942 

Deputies . . .., .~. ...     2944 

Election  and  term ^ ^ , ^.-    2911 

Policemen  to  assist '. 7'..,.. ..._.. ._....... 2940^2943,2944 

Powers  of  constable  or  policeman ....... 2940 


CITIES  OP  THE  FIRST  CLASS.  1149 

10.     POLICE  COURT— Continued.  SEC. 

Process — execution  of 2943 

policeman  may  execute 2943 

Salary : 2944 

Special  bailiflf 2943 

Clerk  of  Police  Court. 

Administer  oaths 2930 

Allowance  for  stationery 2933 

Bond  of 2929 

Deputies — appointment ._  2931 

salary 2931 

Election  and  term 2911 

Oath  and  bond 2929 

Penalty  for  violation  of  duty 2930 

Powers  and  duties 8930,2934 

Process — authority  to  issue . 2934 

QuaUfications 2929 

Salary 2931 

Vacancy  in  office — how  filled 2932 

Interpreter  of  Police  Court. 

Appointment  and  term  of  office 2945 

Salary 2945 

to 

Judge  of  Police  Court. 
(See  Con.,  Sees.  143,  167). 

• 

Administer  oaths 2915 

Attention  to  duties 2924 

Children's  Guardians — board  of  to  appoint  (p.  1043) 2008 

judge  a  member  of  board 2008 

Conservator  of  the  peace 2915 

Court  matron — appointment 2928b 

Doorkeeper  for — to  appoint 2946a 

Election  and  term 2911 

Oath  of 2923 

Place  of  holding  court 2928 

Pro  tem.  judge — powers 2925 

compensation 2925-6 

when  judge  sworn  off  bench 2927 

QuaUfications 2923,2924 

Salary— payment  of 2923,2924 

Vacation — time  allowed 2926 

Stenographer  of  Police  Court. 

Appointment  and  term  of  office ....    2946 

Salary 2946 

Coroner's  inquest  (See  Ky.  St.  Sec.  537). 

11.     FIRE  DEPARTMENT. 

Absence — leave  how  granted 2896a  (12) 

Arrest — members  not  subject  to . 2896a  (14) 

Assessment  for  pohtical  purposes  forbidden 2871 

Board  of  Safety  to  appoint  and  control 2810,2861,2896a  (3,9) 

Board  of  Trustees  Firemen's  Pension  Fund 2896  (16) 

City  Attorney — to  represent  Pension  Board 2896a  (31) 

Chief  of  firemen  and  assistants — appointment 2865-66,  2896a  (9) 

EUgibility,. 2896a  (9) 


1150  INDEX  TO  ACT  FOR  GOVERNMENT  OF 

11.     FIRE  DEPARTMENT.— Continued.  SEC. 

Fines  may  be  imposed  by  Board  of  Safety 2896a  (4) 

General  provisions  regulating 2896a 

Jury — not  liable  to  serve  on 2896a  (14) 

Manual  of  instructions 2867 

Numbers — board  may  increase 2896a  (8) . 

Pension  fund  for 2896a  (16)  to  2896a  (33) 

Pension  fund — w^ho  entitled  to 2896a  (25) 

Promotions 2896a  (9) 

Punishment 2896a  (10) 

Qualification  of  employes 2866 

Removal 2896a  (4,5, 10, 11) 

Rules— Board  of  Safety  to  make 2896a  (4,  11) 

may  be  used  as  evidence 2896a  (4,11) 

Salaries  of  members  of 2896a  (7, 13) 

Secretary L 2896a  (7,  13) 

Substitute  firemen 2896a  (7,  13) 

Taxes — to  be  levied  for  Pension  Fund 2896a  (17) 

levy  to  be  made  for  Police  purposes 2981 

12.     EDUCATION. 

School  Law  of  March  4,  1910 2978a 

School  bonds  authorized 2978b 

School  Teachers'  pensions , 2978d 

Accounts — auditing 2978a  (29) 

Annual  reports 2978a  (36) 

Annuities 2978d 

Apportionment  of  revenue,  j : 2978a  (23) 

Board  of  Education — creation,  powers,  etc.  (see  also  "Members  of 

Board") 2978a  (1,  3,  22) 

Borrowing  Money 2978a  (24) 

Branches  taught  and  text  books  furnished 2957 

Bribe — officer  or  member  of  board  receiving 2968 

Business  Director — term,  duties 2978a  (16) 

salary,  bond 2978a  (17) 

Census — when  and  how  taken 2978a  (35) 

report  of  to  Supt.  Public  Instruction 2978a  (35) 

Supt.  Public  Instruction  may  make 2978a  (35) 

for  use  in  truancy 2978c 

Certificate — when  void 2973 

revocation 2973 

Children  outside  city — tuition 2978a  (34) 

examination  for  admission 2978a  (32) 

poor  provided  with  text-books 2959,  2978a  (32) 

required  to  attend  school , 2978c 

separation  of  white  and  colored 2978a  (31) 

colored  children — not  to  attend  wliite  school 2978a  (31) 

City  school  fund 2978a  (25) 

Common  school  law — when  not  to  affect 4433 

Compensation — members  not  to  receive 2978a  (5). 

Condemnation,  power  of  conferred 2978a  (3) 

Contracts— public  letting 2978a  (25) 

Board  members  not  to  be  interested  in 2978a  (4) 

Corporate  name 2978a  (1) 

County  superintendent  not  to  be  elected  from  city 4399 

Depository — how  checks  drawn 2978a  (22) 

how  selected 2978a  (22) 

District  school — when  desired 4432 

Elections,  petitions,  etc 2978a  (7)  (8) 


CITIES  OF  THE  FIRST  CLASS. 1151 

12.  EDUCATION.— Continued.  SEC. 

Enumerators — concerning . 2974,2978c 

Engineers,  janitors,  etc 2978a(18) 

Entrance  qualifications — Board  to  prescribe 2978a(32) 

Escheated  property — vested  in  board 2978a  (27) 

Board  may  sell 2978a  (27) 

Funds  deposited  in  bank — how  withdrawn 2978a  (22) 

Graded  common  schools — law  not  to  affect 4489 

Guardian  to  send  children  to  school 2978c 

Incorporation 2978a(l) 

Investigation  of  complaints 2966 

Kindergarten  methods 2978a  (30)  2957 

Members  of  Board — application  of  fixnds.. 2978a  (23) 

appropriation  of  money 2952 

baUots,  etc .2978a    (7) 

budget- 2978a  (23) 

bribery 2968 

contracts,  etc 2978a     (4) 

debate — not  to  be  questioned  for 2977 

elections — petition 2978a  (7) 

election — expired  term 2978a  (8) 

eligibihty  to  office  of 2978a    (4) 

eligibility — disqualified  after  election 2976 

escheated  property  vested  in  board 2978a  (27) 

expel  or  reprimand  member  power  to 2967 

estimated  expenses  for  current  fiscal  year 2978a  (23) 

funds— disposition  of 2978a  (22) 

income — not  to  exceed 2978a  (24) 

interest  in  contracts  a  disqualification 2978a  (4) 

investigation  of  complaints 2966 

lots— divided  by .-2978a  (9) 

monthly  meetings 2951 

no  compensation... 2978a  (5) 

penalties ..2978a  (37) 

petition 2978a  (7) 

powers  and  duties 2978a  (2) 

president  and  vice-president .2978a  (10) 

principals  and  teachers — to  be  elected  by 2956 

to  fix  salaries  of 2956 

may  dismiss 2956 

privileged  in  debate 2977 

proceedings — recorded 2953 

property — to  acquire,  hold  and  dispose  of .2978a  (27) 

public  record 2953 

qualifications 2976 

quorum 2951 

reprimanded  or  expelled 2967 

revenue  for  year — expenditure 2978a  (23) 

rules  and  by-laws 2978a  (13) 

secretary  of  board 2978a  (21),  2964 

surrender  by  old  board ..2978a  (12) 

term  of  office ...2978a  (6) 

text-books  to  be  used 2957 

text-books — how  changed. ,... 2957 

time  of  assuming  oflBce ..2978a  (9) 

vacancy— how  filled 2978a  (11) 

member  becoming  disqualified 2976 

voting— method,  etc .2978a  (8) 

witnesses — power  to  summon 2966 

Municipal  university — tax  levy 2948a 


1152 INDEX  TO  ACT  FOR  GOVERNMENT  OF 

12.  EDUCATION.— Continued.  SEC. 

Officers 2978a  (10,14),  2967 

Parents  to  send  children  to  school 2978c 

Penalties  for  violation  of  school  law 2978a  (37) 

Pensions  for  teachers 2978d 

President  and  vice-president 2978a  (10 ,  15) 

Principals  and  teachers  elected  by  board 2956 

dismissal  and  suspension 2956 

examination  for  position 2972 

reprimanded  or  expelled 2967 

salaries 2956 

Public  records 2953 

Religious  belief— not  to  be  taught 2978a  (33) 

Report  to  Superintendent  of  Public  Instruction 2978a  (35) 

Reprimanding  or  expelhng  teachers  and  employes 2967 

members  of  board 2967 

Revenue  for  year — not  to  exceed 2978a  (24) 

Rules  and  by-laws 2978a  (13) 

Salaries — not  to  be  changed  during  year ' 2956 

School  Fund  from  State 2978a  (35) 

Secretary  elected  by  board— term 2978a  (21 ) 

bond— duties 2978a  (41) 

checks — how  signed 2978a  (22) 

census — to  employ  enumerators 2974 

Sectarian  teaching  prohibited 2978a  (33) 

Separation  of  white  and  colored  children 2978a  (31) 

State  school  fund — city's  part 2978a  (35) 

Superintendent— elected — term 2978a  (15) 

duties 2978a  (15) 

assistant  superintendents 2978a  (15) 

Supplies,  public  advertising 2978a  (20) 

Surrender  by  old  Board 2978a  (12) 

Taxation  for  maintenance  of  schools 2980-2981 

city's  portion  of  State  fund ._2978a  (35) 

duty  of  city  tax  officers . 2978a  (28) 

how  paid  to  school  board 2978a  (35) 

reports — shall  be  made  to  Supt.  Public  Instruction 2978a  (35) 

tax  levy 2978a  (25) 

Teachers  elected  by  board 2956 

certificate — when  void — revocation 2973 

dismissal  and  suspension 2956 

examination  for  position 2972 

reprimanded  or  expelled 2967 

salaries 2956 

pensions .. 2978d 

Terms  of  Board  members 2978a  (6,9) 

Text  books  provided  by  Board 2957 

poor  children  provided  with: 2978a  (32)  2959 

Treasurer — terms,  duties,  bond,  etc 2978a  (21,22) 

Truant  officers — appointment,  term 2978c 

salary 2978c 

duties , 2978c 

Truant  schools 2978c-lla 

Trustees  (see  "Members  of  Board"). 

Tuition — to  be  paid  by  children  outside  city  limits 2961 

University — tax  levy ^ 2948a 

Vacancies,  how  filled  on  Board .2978a  (11) 


CITIES  OF  THE  FIRST  CLASS. 1153 

13.     REVENUE  AND  TAXATION. 

General  Provisions.     (See  Constitution,  Sees.  170,  171,  179-181.)      SEC. 

Ad  valorem  and  poll  taxes  (see  Constitution,  Sees.  ISO,  181) 2980,2984b 

Appropriation — not  more  than  95  per  cent  estimated  revenue 2982 

Assessment — General  Council  to  make 2980 

All  taxes  heretofore  imposed 2979 

Balances — unexpended  credited  next  year 2982 

City  Attorney — w^hen  tax  bills  turned  over  to 3005 

Carriers— francliise  tax  how  fixed  (does  not  include  railroads) 2984a  (5) 

railroads  exempt 2984a  (13) 

Cash  value — property  to  be  assessed  at .' 2984 

Children's  Guardians — tax  to  pay  board's  expenses  (p.  1043) 2013 

Classification  allowed  (see  Constitution,  Sec.  171). 

Corporation — assessment — shares  of  stock — franchise 2984a  ,2984b 

Deduction  of  taxes  from  obligations  due  by  city 2753 

Deficit  tax — where  less  than  95  per  cent  collected 2982 

Diverted— not  to  be 2816,2980 

Excess  or  deficiency — provision  for 2982 

Exemption — park  property 29.^0 

Exemptions  generally — manufacturing  establishments  (see  Consti- 
tution, Sec.  170) 29&0a 

Evidence — to  justify  license  fee 3019 

Expenditures — limit — excess  or  deficiency 2982 

Fii  emen's  Pension  Fund 2896a  (16) 

Franchises — assessment  of  (see  Constitution,  Sec.  181) 2980, 2984a ,2984b 

Franchise  tax — how  apportioned 2984a 

penalty  for  failure  to  report 29S4a  (9) 

hen  for 2984b 

reports  by  corporations 2984a  (2 ,9) 

on  foreign  corporations— how  fixed 2984a  (4) 

on  carriers — how  fixed 2984a  (5)  ,(13) 

public  service  corporation — assessment  where  lines  extend  be- 
yond city  limits 2984a  (3) 

time  of  payment 2984b 

Improvements — meaning  of 2984 

Income — tax  on 29S0 

Inf  ant 's  lands — redemption 3002 

Invahd  levy  of  tax— effect 2983 

Juvenile  Court — levy  tax  to  support  (see  Ky.  St.,  Sec.  331e  (21). 

Land — meaning  of  term 2984 

when  may  be  purchased  by  city 3005 

how  long  held 3005 

hen  on S006 

Leasehold — hen  on • 2006 

Levy  to  be  subdivided 2981 

Levy  ordinance— failure  to  pass 2983 

Levy — purpose  for  which  levy  may  be  made 2981 

prior  to  1893  valid 2979 

Library— for 2£01a ,2981 ,2f 01b  (6) 

License  fee — may  provide  for  (see  Constitution,  Sec.  181) 2980,3011 

various  trades  and  occupations 3011 

fixed  by  ordinance 3012 

when  paid 3013 

when  to  expire 3013,3014 

business,  where  to  be  conducted 1 3014 

liquor 3025 

to  be  exhibited 30£'0,£021 

place  of  business  changed 3014 

how  authenticated 3015 

how  transferred 3016 


1154 INDEX  TO  ACT  FOR  GOVERNMENT  OF 

13.    REVENUE  AND  TAXATION— Continued.  SEC. 

may  be  granted 3017 

sworn  statements  in  order  to  obtain.- 3017 

what  to  specify 3018 

Limit  of  tax  rate.     (See  Constitution,  Sec.  175.) 

Lien  for  delinquent  taxes — licenses 2984b 

Manufacturing  establishments — exemption  of  (see  Constitution,  Sec. 

170) 2980a 

Married  woman — husband  liable  for  taxes 3002  (3). 

Ordinance  fixing  rate— levy  subdivided 2981 

Ordinance — levy — failure  to  pass— effect 2983 

invalid— effect  ___. 2983 

all  taxes  to  be  levied  by 2980 

to  specify  purpose  for  which  levied 2980 

Pension  Fund 2896a  ,2896b 

Licenses — specific  occupations,  etc 3011 

Personal  property — meaning  of 2984 

Policemen's  Pension  Fund 2872a 

Poll-tax  (see  Constitution  Sec.  180) 2980 

Preceding  year — when  rate  adopted 2983 

Public  service  corporations — how  taxed 2984a  ,2980 

Railroads,  when  exempt 2980,2984a  (13) 

Referendum,  when  allowed  (see  Constitution,  Sec.  171). 

Rents — appropriated  for  taxes 3003 

Revenue — not  more  than  95  per  cent  to  be  expended 2982 

School  purposes 2978a  (25)  ,2981 

Stock — shares  of— assessment 2984a  (1) 

when  exempt  in  hands  of  stockholder 2984a  (10) 

Subdivision  of  levy 2981 

Tax  biUs — assessor  to  make  out _.    2996 

assessor  to  list  with  tax  receiver 2996 

as  evidence 2996 

when  due 2996 

how  authenticated 2996 

Taxes  deducted  from  amount  due  taxpayer 2753 

Tax  levied  to  pay  indebtedness  (see  Constitution,  Sees.  157,  158). 

Tenant  paying  taxes — has  lien _ 3004 

Time  of  payment — licenses 2984b 

Trade— tax  on 2980 

Tuberculosis  Hospital — taxes  for 3037c  (5). 

University — taxes  for 2948a 

Unexpended  balances — credited  to  next  year 2982 

Assessment. 

Additional  assessment  provided  for 2986 

Ad  valorem  taxes — collection 2980 

taxes  in  lieu  of 2984a  ,2984b 

Assessment — in  wrong  name — correction : 2991 

excessive — remedies 2992 

omission — five  years 2991 

retrospective 2991 

of  corporations.- 2980,2984a 

Assessor — to  return  at  least  five  assessment  books 2985 

to  examine  records  and  make  inquiries 2989 

tax  biUs — when  to  make  out 2996 

to  view  property  before  assessing.. 2987 

when  to  fix  values  of  corporations... 2984a  (12) 

Bills — tax — Assessor  to  make  out 2996 

Assessor  to  list  with  Tax  Receiver 2996 

as  evidence 2996 

when  due 2996 


CITIES  OF  THE  FIRST  CLASS. 1155 

13.    REVENUE  AND  TAXATION.— Continued.  SEC. 

discount  allowed 2996 

Board  of  Equalization — elected  by  council 2993 

assessment — may  increase 2992 

compensation 2993 

complaints — to  investigate 2992 

failure  of  board  to  meet — effect 2994 

failure  of  board  to  meet — taxpayer  may  complain 2994 

failure  of  quorum — place  filled 2993 

franchise  assessment — corporation  may  object  to 2984a  (7) 

increase  assessment — may 2992 

journal  to  be  kept 2995 

place  and  times  of  meeting 2995 

quorum 2993 

reconvene , 2995 

tax  bUls  suspended ...    2994 

time  of  meeting ^^ 2994 

vacancies — liow^  filled 2993 

vacancies — temporary — to  be  fiUed  by  Mayor 2993 

Bonds,  public,  exempt  (see  Constitution,  Sec.  171). 

Books — number  to  be  returned ^^ 2985 

vs^hat  to  contain 2985 

time  to  remain  open 2992 

Corporations — assessment  of  (see  Constitution  Sec.  181) 2980,  2984a 

penalty  for  failure  to  report .-_ 2984a  (9) 

paying  tax — stock  not  taxable - 2984a  (10) 

Excessive  assessment — complaint 2992 ,  2994 

Exemption  of  manufacturing  establishments  (see  Constitution,  Sec. 

170) 2980a 

Exemptions  allovsred  (see  Constitution,  Sec.  170). 

Former  owners — how  assessed 2990 

Franchises — assessment  of  (see  Constitution,  Sec.  181) 2984a 

notice  of  assessment 2984a  (7) 

Heirs  and  devisees — how  assessed 2990 

Improvements — vvhat  included  by 2984 

Increase  of  assessment — notice 2992 ,  2993 

Joint  owners — how  assessed 2990 

lien,  when  effective 2990 

Land — what  it  includes 2984 

to  be  designated  by  lot  number 2986 

to  be  viewed  before  assessor 2987 

Lien — when  purchaser  not  affected 2990 

Lots  designated  by  number 2986 

Maps — General  Council  to  provide 2986 

Mistake  or  omission  in  name 2986 

notice  of  correction 2991 

Omission — assessment  within  five  years 2991 

Owners  and  fiduciaries  to  return  lists 2988 

failing  to  return — proceedings 2988 

Personal  property — what  it  includes 2984 

when  stock  in  corporations  is  exempt 2984a  (10) 

Present  estates — assessment  against  holder 2990 

Property  owners — to  report  list  of  property 2988 

procedure  upon  failure  to  do  so 2988 

Public  service  corporations — assessment 2984a 

Railroads— assessment  of 2980 

franchise  not  to  be  assessed 2984a  (13) 

Remainder  and  future  estate  outstanding 2990 

Retrospective  assessments— when  to  become  effective 2991,2992 

hen  on 2991 

notice  of - -    2991 


1156  INDEX  TO  ACT  FOR  GOVERNMENT  OP 

13.    REVENUE  AND  TAXATION.— Continued.  SEC. 

Stockholders  in  corporations  paying  franchises — when  not  required 

to  pay  taxes  on  stock 2984a  (10) 

Tax  bills  listed  with  Tax  Receiver 2996,2997 

authentication 2996 

when  assessor  to  make  out ' 2996 

when  become  a  debt 2996,2998 

when  bear  interest 2998 

when  listed— when  payable 2996 

amount  to  be  deducted  from  obhgations  due  by  city 2753 

time  of  making  assessment 2985 

wrong  name — effect  of 2991 

Collection  and  Payment. 

Action  to  recover  taxes — abolished 2998-3005 

Advertisement  and  sale 3001 

Agent  to  pay  out  of  income — hability ._    2999 

Assessor  to  list  tax  bills  with  Tax  Receiver 2996,2997 

Attorney  for  city — to  pay  money  to  Tax  Receiver 3009 

Certificate  of  purchase — tax  sale ^ 3003 

City  to  purchase  at  sale — when 3002 

Commissioners  Sinking  Fund — when  to  pay  revenue  into  Treasury..    3024 

Committees  liable  for  taxes 2999 

Decedent's  estates — hability 2999 

Discounts  for  prompt  payment 2997 

Distraint — unlawful — remedies 3008 

what  property  exempt 3007 

Fiduciaries  to  pay  out  of  income — liabihty 2999 

Garnishments  of  rents 3007,3008 

unlawful — remedies . 3008 

Guardians  Uable  for  taxes 2999 

Infants  and  persons  of  unsound  mind 2999,3002,3007 

Infants'  lands — redemption : 3002 

Injunction  to  prevent  distraint 3008 

Interest— rate 2998,3001 

when  begins 2998,3001 

Leasehold  estate— lien  upon 3006 

Licenses  provided  for  and  paid  into  sinking  fund 3011,3025 

Lien  of  city  for  taxes 2984b,  3004,  3006 

enforcement  of 3001,3005 

released  in  part 3006 

purchaser — when  not  affected ^    2990 

Lunatics — committee  to  be  notified ----^ -- 2998 

Notice— to  be  given  taxpayers 1 2998 

Obligations  due  taxpayers — deducted 2753 

Payable— when 2996 

Penalties 2998,3001,3005 

Personal  representatives — ^UabiUty 2999 

Persons  Uable  for  taxes 2999 

Purchase  by  city — redemption 3002 

Real  estate — lien  upon 3006 

purchase  by  city 3002 

redemption  of 3002 

so  purchased  only  to  be  held  5  years 3004 

when  not  to  be  sold  for  less  than  two-thirds  appraised  value..  3007 

when  particular  estate  to  be  sold ., 3007 

Receiver  of  court  to  pay  taxes 3009 

Redemption  of  property 3002 


CITIES  OF  THE  FIRST  CLASS. 1157 

13.     REVENUE  AND  TAXATION.— Continued.  SEC. 

Remedies  for  collection 2998 ,  3005 

garnishment  of  rents 3008 

sale  of  property >^^---^ • 3001 

purchase  by  city---redemption .._.. 3002 

vesting  of  title — time 3004 

general  power  to  enforce  collection 3005 

warrant  not  reqmred 3001 

hen — time  of  payment — licenses 2984b 

distraint  for  taxes 3001 

Sale  of  property  for  taxes — general  regulations 3001 

purchase  by  city — redemption 3002 

certificate  of  purchase 3003 

vesting  of  title — time 3004 

Sinking  Fund  Treasurer  to  collect  licenses 2980 

Suspension  until  complaint  heard 2994 

Suits  for  taxes — personal  judgment ' 3005 

pending  in  1910 3005 

Tax  bills  hsted  vnth  Tax  Receiver 2996,2997 

Usted  with  City  Attorney 3005 

unpaid — listed  with  Comptroller 3000 

unpaid — when  may  be  sued  on 3005 

Tax  Receiver— bills  listed  with 2996,2997 

to  collect  taxes 2980 

attorney  for  city  to  pay  over  to 3009 

delinquent  taxpayers  notified ^ 2998 

deUnquent  taxpayers — penalties 2998 ,  3001 ,  3005 

false  report — penalty 3000 

list  of  unpaid  bills  filed  with  Comptroller ^.-    3000 

penalty  for  false  report 3000 

receiver  of  court  to  pay  over  to 3009 

sale  of  property  for  taxes 3001-3004 

Tenant— garnishment  of  rents  due  by 3008 

Time  of  payment — Ucense  taxes 2984b 

Trustees  Uable  for  taxes 2999 

Unlawful  distraint  or  garnishment 3008 

remedies — injunction ..-    3008 

Vesting  of  title— time — tax  sale 3004 

Warrants — unpaid  tax  bills— sufficient  warrant 3001 

penalty  aUowed  on  biUs 3001-3005 

14.     SINKING  FUND  AND  WATER  WORKS. 
(See  Constitution,  Sees.  159,  181.) 

Board  of  Commissioners— powers  and  duties 3010  (8,  9)  3022 

who  composes 3010  (1) 

corporate  name 3010  (1) 

election  and  term 3010  (3) 

eUgibiUty 3010  (4) 

vacancy 3010  (3,  15) 

oath 3010  (5) 

not  to  speculate  in  bonds  of  city 3010  (15) 

may  borrow  money 3010  (11 ) 

removal 3010  (6,  15) 

Board  of  Water  Works — general  provisions 3024a 

property  under  control  of  city 3024a  (1) 

members  of  board,  appointment,  terms,  oath 3024a  (2,  3) 

officers,  salaries,  employes 3024a  (4) 

powers  of  board  generally 3024a  (5) 

water  for  city  purposes  to  be  free  of  charge 3024a  (6) 


1158 INDEX  TO  ACT  FOR  GOVERNMENT  OF 

14.     SINKING  FUND  AND  WATER  WORKS.— Continued.       SEC. 

exemption  of  property  from  taxation 3024a  (6) 

control  of  council  in  use  of  streets 3024a  (7) 

all  debts  to  be  paid  out  of  earnings 3024a  (8) 

power  to  borrow  money  and  issue  bonds 3024a  (9) 

power  to  make  rixles  and  regulations 3024a  (10) 

Bonds  may  be  issued  and  sold_. 3010  (10) 

not  to  be  made  charge  against  fund  unless  provision  made 

therefor 3010  (8) 

may  be  purchased  when 3010  (9) 

when  refunded 3010  (10) 

effect  of  certificate  by  commission 3010  (10) 

hereafter  sold 3010  (18) 

By-laws  and  rules 3010  (2) 

deductions  from  compensation — prescribed  by 3010  (2) 

Continued  as  before 3010  (1) 

Control  of  public  wharves 2860 

Deposit  of  funds 3010  (12) 

Depository  to  give  bond 3010  (12) 

Election  of  officers  and  employes 3010  (2) 

Embezzlement — penalty  for 3010  (7) 

Investments— how  made 3010  (9) 

Licenses — powers  as  to 3017 

to  be  collected  by  Treasurer  Sinking  Fund 2980 

License  Inspector — powers _• 3010  (19) 

Money  may  be  borrowed 3010  (11) 

Officers  and  employes — appointment  of 3010  (2) 

how  withdrawn  from  bank 3010  (12) 

salaries 3010  (2) 

terms  of  office 3010  (2) 

Payments  into  treasury 2980 ,  3024 

President  of — compensation 3010  (2) 

Refunding  bonds 3010  (10) 

Resources  of — used  to  pay  interest  and  principal 3010  (8) 

Seal — may  have  or  do  vsrithout 3010  (2) 

South  LouisviUe  bonds 3010  (14) 

Taxes— levy  for  Sinking  Fund 2981 

Treasurer  and  Secretary 3010  (16) 

how  selected 3010  (16) 

bond  and  term 3010  (16) 

duties 3010  (16) 

embezzlements 3010  (16) 

reports 3010  (16) 

may  consent  to  change  in  business  location  of  license 3014 

appeal  from 3017 

to  collect  license  fees 2980 

to  pay  same  to  City  Treasurer 2980 

to  report  to  Comptroller 2980 

term  of  office  and  compensation 3010 

Vacancies — how  filled 3010  (3) 

Water  Company  stock 3010  (13) 

Water   Works    Board— general   provisions    (see   Board    of    "Water 

Works") 3024a 

15.    LICENSES— GENERALLY.     (See  Constitution,  Sec.  181.) 

Ad  valorem  and  license  tax 3011a 

Agents  of  non-residents — liability 3014 

Appeals  to  commissioners 3017 

Application  for — sworn  statement 3017 


CITIES  OF  THE  FIRST  CLASS.  1159 

15.  LICENSES— GENERALLY.— Continued.  SEC. 

Authentication  of 3015 

Business — where  to  be  conducted 3014 

Ucenses 3011 

place  of  change 3014 

Change  of  place  of  business 3014,1018 

Conviction  for  doing  business  without 3023 

Enforcement  of  license  law 3022 

Evidence  of  person's  liability  to  pay 3019 

Exhibited— license  to  be 3020-3021 

Expire— when  to 3013,3014 

Fees— city  may  provide  for 2980,  3011,  3011a 

fixed  by  ordinance 3012 

when  paid 3013 

may  be  graded 3017 

Grade  of  hcense — how  ascertained 3017 

Licenses — various  trades  and  occupations 3011a 

in  addition  to  ad  valorem  tax 3011a 

Liquor  license  (see  heading  "Liquor  License"  below). 

Name  and  place  of  business  specified 3018 

Occupation — generally 3011a 

One  year  only  to  run 3014 

Ordinance — hcense  fees  fixed  by . 3012 

Paid  in  advance 3013 

Payment  into  Sinking  Fund 3011a 

Peddlers  to  carry  and  exhibit 3021 

Prof  essions— generally 3011a 

Provisions  for  other  hcenses 3012 

Specification — what  license  to  specify 3018 

Trades — generally 3011a 

Treasurer  and  Secretary  to  ascertain  grade 3017 

Transfer  of  unexpired  license 3016 

Liquor  License. 

Amount  of  tax 3025 

General  CouncU  to  fix 3025 

Appeal  to  Circuit  Court 3033,3034 

Application — how  and  when  made 3031 

bond  of  appUcant 3031 

deposit  by  apphcant 3036 

facts— to  contain 3031,3036 

failure  to  pay  after  application  approved 3037 

fee — when  to  be  paid 3035 

notice — publication 3032 

publication -.-  3032 

quahfication  of  applicant 3033 

receipt — to  be  filed  vidth 3036 

refusal  of 3033 

remonstrance -  3032 

sworn  to  by  applicant 3031 

sworn  to  by  two  citizens 3031 

Authorities  sale  of  spirituous,  vinous  and  malt  liquors 3026 

Bond  to  be  given _..  3031 

Deposit  by  applicant 3036 

Displayed— license  to  be 3036 

Druggists  and  apothecaries — may  sell  on  prescription 3028 

not  to  seU  as  beverage . 3028 

penalty  for  violation 3028 

Exhibition  of  hcense 3036 


1160  INDEX  TO  ACT  FOR  GOVERNMENT  OF 

15.     LICENSES— GENERALLY— Continued.  SEC. 

License — what  to  specify 3036 

to  be  hungup 3036 

when  lost  or  destroyed 3029 

License  Board — who  constitutes 3030 

chairman  and  secretary 3030 

revoking  hcense— appeal 3034 

Lost  or  destroyed  hcense 3029 

One  form  of  license 3025 

One  year  only — hcense  good  for 3029 

Prepayment  of  hcense . . 3035 

Quahfication  of  applicant 3033 

Refusal  of  hcense 3033 

Remonstrance 3032 

Retail  and  wholesale  dealers — who  deemed 3027 

Revoke — when  board  may 3034 

appeal  from 3034 

Surrender  of  unexpired  hcense — deduction 3029 

Transfer  of  unexpired  hcense 3029 , 3031 

application  for — how  made -..- 3031 

Unexpired  term — ahowance  for . 3029 

Wholesale  dealer — who  deemed 3027 

16.  TENEMENT  HOUSE  LAW. 

Tenement  House  Law Sub.  Sec.  3037g 

ACCESS— Street  to  yard 7 

Through  bed  room  to  other  rooms  forbidden 20 

To  bottom  of  shafts  and  courts 71 

To  plumbing  pipes 31 

AGENT — For  service  of  process,  name  to  be  filed 77 

May  file  plans  for  owner 72 

AIR  INTAKES— For  inner  courts 11 

definition 2(19) 

AIR  SPACE — In  rooms,  amount  required 59 

ALCOVE  ROOMS 2(17)18,35,36,37 

ALLEYS ■ 2(10)7,8,13 

ALTERATION— Of  building  not  a  tenement  house 3 

Of  tenement  houses  contrary  to  law  forbidden 4 

Permit  necessary 72 

Provisions  relating  thereto 32-39 

Of  existing  tenement  houses,  time  for 6 

ANGLES  OF  COURTS 12 

ANIMALS — Keeping  of  prohibited 54 

APARTMENT— Definition 2(9) 

APARTMENT  HOUSE— Definition 2(2) 

ARCHITECT— May  file  plans  for  owner 72 

AREA — In  front  of  basement  and  cellar  rooms 24,44 

Of  rooms 17,35,36 

Of  windows  in  basement  and  cellar  rooms 24,44 

Of  windows  in  room 16 

To  be  concreted,  graded,  etc 27 

ASHES— Receptacles  for . 53 

ASSEMBLAGE — Use  of  tenement  house  as  place  of 54 

ASSIGNATION — Use  of  tenement  house  as  place  of 54 

BAKERIES— When  prohibited 56 

BASE — Waterproof,  required  for  water  closets 29 

BASEMENT— Definition 2(8) 

Floors  to  be  watertight . 26,70 


CITIES  OF  THE  FIRST  CLASS.  1161 


SEC. 

Tenement  House  Law— (Continued) Sub.  Sec.  3037g 

Rooms,  conditions  of  occupancy 24,44 

BEDROOM— Sole  access  through  to  other  rooms  f  robidden  20 
BUILDING  DEPARTMENT— Special  permit— old  residen- 
ces altered , 3 

Special  permit — to  build  on  non-sewered  street 30 

Permit  to  commerce  building 72 

Filing  statements  and  plan  with 72 

Power  to  revoke  permit 72 

Certificate  of  compliance  before  occupancy 73 

Registry  of  owner's  name  with 76 

Registry  of  agent's  name  with 77 

Service  of  notice  and  orders 78 

Indexing  names 79 

Disagreements  between  departments 80 

BUILDINGS— Altered  to  tenement  houses 3 

Cleanliness  of 49 

Dangerous,  proceedings  relative  thereto 60,61 

Height  of,  how  measured 2  (14) 

On  same  lot  with  tenement  house 14 

Repairs  of 47,61 

BULKHEADS 63 

BUSINESS  PURPOSES— Definition 2  (16) 

Lower  floors  used  for 7,8 

BUSINESSES— Dangerous 57 

CEILINGS— Cellar,  to  be  plastered 70 

Cellar  to  be  whitewashed  or  painted 46 

Papering  and  removal  of  paper 52 

Of  rooms  to  be  painted  white 51 

To  be  cleaned  before  papering,  etc 52 

To  be  kept  clean 49 

CELLAR— Ceiling  to  be  plastered 70 

D3finition 2  (8) 

Floors,  damp  proofing  and  water  proofing 26  ,70 

Rooms,  conditions  of  occupancy 24,44 

Walls  and  ceilings  whitewashed  and  painted 46 

Lighting  of 26 

To  be  kept  clean 49 

Water  Closets  in 42 

CERTIFICATE— For  new  building  before  occupation 73 

Of  approval  of  plans  and  specifications 72 

CESSPOOLS— Prohibited SO 

CHIMNEYS 19 

CLEANLINESS— Of  buildings 49,53 

C  f  premises 49 ,53 

COMBUSTIBLE  MATERIALS— Storage  cf,  prohibited 55 

CONCRETING— Of  courts,  shafts,  areas  and  yards 27 

CONDEMNATION— Proceedings  for 60 

CONVERSION— Of  buildings  of  tenement  house 3 

Of  old  residence  to  tenement  house 3 

CORNER  LOT— Definition 2  (10) 

COURTS— Definitions 2  (4) 

Access  to  bottom 71 

Inner,  intakes  for H  .34 

Not  to  be  covered  at  top 10 

Size  of 9,34 

To  be  concreted,  drained,  etc 27 

Walls  of,  to  be  painted  or  whitewashed 50 

About  old  residences •_ 3 


1162  INDEX  TO  ACT  FOR  GOVERNMENT  OF 


SEC. 

Tenement  House  Law— (Continued) Sub.  Sec.  3037g 

Angles  in .  _     .     ..     _..  12 

DAMP-PROOFING— Of  foundation  walls '.26,70 

Of  lowest  floors _  26,70 

DANGEROUS  BUILDINGS— Proceedings  relative  "thereto"      61 

DEFINITIONS '        2 

DISAGREEMENTS— Between  departments,  how  settled  '  80 
DISCRETIONARY  POWER— In   modifying   provisions   of 

act  forbidden 5 

Exercised  in  certain  cases  (see  under  Building  De- 
partment, Health  Department). 

DRAINING— Of  courts,  shafts,  areas  and  yards  .  27 

ENCUMBRANCES— Of  fire  escapes  62 

FAT  BOILING— Forbidden 56 

FILING — Of  owner's  or  agent's  name 76 

Of  plans ..  _        .._...       72 

FINES  AND  RECOVERIES  _  "'"  81 
FIRE  ESCAPES— In  general 62 

Encumbrance  of ...     ....  ....      62 

FIREPLACES '  19 

FIRE  PROTECTION 62  ,63 

FLAT— Definition 2  (2) 

FLOORS— In  and  around  water-closets 45,68 

Lowest,  damp-proofing  of 26,70 

Surface  beneath  sinks 45,67 

Water  on  each 28,48 

Area  of  room 17 

Basement  and  cellar  to  be  water-tight 26,70 

Of  water-closets  to  be  waterproof 29 

FROST— Protection  of  water-closets  against 69 

GARBAGE— Accumulations  of  forbidden 49 

Receptacles  for 53 

Penalties 53 

GRADING — Of  courts,  shafts,  areas  and  yards  ...      27 

HABITABLE  ROOMS— Definition i.2  (20) 

HABITATION— Human,  basement  and  cellar  to  be  fit  for.24,44 

New  buildings,  when  deemed  unfit  for 27,74 

HALL— Public,  definition 2  (6) 

Stair,  definition 2  (7) 

Public,  construction  of ..      35 

Public,  lighting  of 23,40,41 

Public,  size  of  windows 21,22,23 

Stair,  construction  of 35 

Stair,  lighting  of 23,35 

Stair,  size  of  windows 23,35 

Stair,  ventilation  of _  .  23,35,36 

HEALTH  DEPARTMENT— Special  permit— old   residence 

altered 3 

Power  to  vacate  houses 4,60 

When  may  dispense  with  hall  windows 21 

Special  permit — house  on  non-sewered  street 30 

May  require  plumbing  pipes  exposed 31 

To  determine  size  of  skylights 38 

Special  permit— water-closet  in  cellar 42 

Special  permit— living  in  basement  or  cellar 

room 44 ,44  (7) 

Special  permit — procedure  to  secure  permit 44 

Special  permit— reports  filed 44 

Special  permit — wall  paper 52 


CITIES  OF  THE  FIRST  CLASS. 1163 

SEC. 

Tenement  House  Law— (Continued) Sub.  Sec.  3037g 

Cellar  walls  and  ceilings — painting  and  whitewash,  _  46 

Walls  of  courts  and  shafts— painting  and  whitewash^  50 

Walls  and  ceilings  of  rooms — painting 51 

When  may  require  janitor 58 

Power  to  reduce  overcrowding 59 

Power  to  repair,  alter,  clean,  disinfect,  etc 61 

Special  permit — room  windows 64 

Power  to  require  windows 64 

Public  halls — light  and  ventilation 66 

Disinfection — vault,  sinks,  etc 69 

When  may  require  plastering  of  cellar TO 

Permit  to  commence  building 72 

Filing  statements  and  plans  with 72 

Power  to  revoke  permit 72 

Certificate  of  compliance  before  occupancy 73 

Registry  of  owner's  name  with 76 

Registry  of  agent's  name  with 77 

Service  of  notice  and  orders 78 

Indexing  names 79 

Disagreements  between  departments 80 

-     HEIGHT— Definition 2  (14) 

Of  basement  and  cellar  rooms 24,44 

Of  rooms 17,35 

Of  tenement  houses 62 

HOPPER  CLOSETS— Long,  permitted  in  yards 69 

HOUSEKEEPER— When  necessary 58 

IMPROVEMENTS— Health  department  may  order .  -      61 

Compulsory 64  to  71 

INFECTED  HOUSES— Proceedings  for  vacation  of 60 

INTAKES— For  inner  courts 11 

JANITOR— Or  housekeeper,  when  necessary 58 

LEADERS— Rain,  necessary 47 

LESSEE— May  file  agent's  name  for  service  of  process 77 

Of  whole  house  to  register  name 76 

LIGHT — And  ventilation  provisions 7  to  23 

Sufficient  for  basement  and  cellar  rooms 35,44 

LIGHTING— Of  halls 21,22,40,41,65,66 

Of  rooms 15,35,36,64 

LODGING  HOUSE— In  tenement  house  forbidden 54 

LOT — Percentage  occupied 7  ,32 

MODIFICATION  OF  LAW— Prohibited 5 

NAME — Of  agent  to  be  registered 77 

Of  owner  to  be  registered 76 

NEW  BUILDINGS— Occupied  without  certificate  to  be 

vacated 4 

Permit  necessary 72 

Provisions  applicable  to 7to31 

NIGHT  LIGHTING— Of  halls -' 41 

of  water  closets 29 

NOTICES— Service  of 78 

NUISANCES— Abatement  of  procedure  for £0,61,75 

Definition  of 2  (11) 

OCCUPANCY— Changes  in 4 

OCCUPANT— Responsible  for  encumbrance  of  fire  escapes,      74 

OCCUPATION— Of  basement  and  cellar  rooms 24,44 

Of  converted  building  without  certificate  prohibited      73 
Of  new  building  without  certificate  unlawful 73 


1164  INDEX  TO  ACT  FOR  GOVERNMENT  OF 


SEC. 
Tenement  House  Law— (Continued) Sub.  Sec.  3037g 

OLD  RESIDENCES  CONVERTED— How  far  required 

to  comply  with  law 3 

ORDINANCES — Inconsistent  with  act  repealed ^ 83 

Can  not  modify  or  change  law 2  (12),  5 

OVERCROWDING— Prohibited 59 

OWNER — May  file  agent's  name  for  service  of  process 77 

To  file  plans  for  new  buildings  or  alterations 72 

To  keep  tenement  house,  etc.,  clean 49,53 

To  paint  or  whitewash  walls EO 

To  provide  receptacles  for  garbage,  etc 53 

Registry  of  name 76 

PAINTING — Of  space  about  water-closets  and  sinks 45,63 

Of  walls  and  ceilings 46,51 

Of  walls,  courts  and  shafts 50 

PANELS— Glass,  in  doors  to  pubhc  halls 65 

PASSAGEWAYS— For  inner  courts 11 

PENALTIES— For  violations 74 

PERMIT— (See  Building  Department,  Health  Department.) 

PIPES — Of  yard  closets  to  be  protected  from  frost 69 

Space  around  to  be  airtight ^ 31 

PLANS— Regulations  governing 72 

PLASTERING— Of  cellar  ceilings 70 

.      PLUMBING— Fixtures,  enclosure  prohibited 31 

To  be  in  accordance  with  plumbing  regulations 31 

Pipes  to  be  exposed 31 

PRIVACY____  20 

PRIVY  VAULTS— Prohibited  when 30,69 

PROCEDURE .       75 

PROCEEDINGS— To  remove  nuisances eo  ,61 

For  vacation  of  infected  and  uninhabited  houses CO, 61 

PROHIBITED  USES  54 

PROSTITUTION— Prohibited  in  tenement  houses 54 

PUBLIC  HALLS— Definition 2,  (6) 

Lighting  of 21 ,22 ,40 ,41 ,65 

Construction  of.  __ 35 

PUBLIC  RECORDS— Plans  and  specifications  to  be 72 

PUMPS— And  tanks  to  be  provided 48 

RAIN  LEADERS 47 

REAR— Buildings  and  front,  space  between 14 

Definition .  _' 2   (18) 

RECEPTACLES— For  ashes,  garbage  and  refuse 53 

REGISTRY— Of  agent's  name 77 

Of  owner's  name.  -   _..  _  ___  76 

REPAIRS 47,61 

REPEAL _  83 

ROOFS— To  be  kept  clean 49 

To  be  kept  in  repair  and  not  to  leak 47 

ROOMS— Alcove 18,35,36,37 

Basement  and  cellar     _.     _.  __.       24,44 

Height  of 17,35 

Interior,  lighting  and  ventilation  of 64 

Lighting  and  ventilation  of 15  ,35 ,36 ,64 

Not  to  be  overcrowded 59 

Size  of 17,35,36 

To  be  kept  clean 49 

Walls  and  ceilings  to  be  painted  white 51 

Habitable,  definition  of 1--2,  (20) 

RUBBISH— Receptacles  for 53 


CITIES  OF  THE  FIRST  CLASS. 1165 

SEC. 

Tenement  House  Law —  (Continued) Sub.  Sec.  3037g 

SANITARY  PROVISIONS 24to31 

SCHOOL  SINKS 69 

SCUTTLES 63 

SEWER     CONNECTION— For  shafts,   courts,   areas  and 

yards 27 

When  required 30 

SHAFT— Construction  of 71 

Access  to  bottom 71 

Definition 2  (5) 

To  be  concreted,  drained,  etc 27 

Walls  to  be  painted  or  wliitewashed 50 

SINK — In  each  apartment -____ 28 

In  halls  or  stairs • 45,67 

School 69 

Wall  surface  underneath 45 ,67 

SKYLIGHTS 22,38,66 

SPECIFICATIONS— Regulations  affecting 72 

STABLE^In  tenement  house  forbidden 54 

When  aUowable  on  same  premises 54 

STAIR  HALL— Definition, '. 2  (7) 

Lighting  of 23 ,35 ,36 ,41 

Windows 23 

STAIRS— Lighting  of 23,41 

STORAGE — Of  certain  articles  and  materials  forbidden__54,55 
STORES— Paint,  liquor  and  drug,  transoms  and  doors  to 

halls  from 57 

TANKS — And  pumps  to  be  provided 48 

Flush 29,69 

TENANT — Responsible  for  encumbrance  on  fire  escape 74 

For  cleanliness  of  premises 49,53 

For  removal  of  garbage  receptacles 53 

TENEMENT  HOUSE— Definition 2  (2) 

Hereafter  erected,  provisions  applying  to 7to23 

Can  not  be  erected  in  private  alley .  13 

TIME  OF  COMPLIANCE 6 

TRANSOMS — To  halls  and  from  paint,  liquor  and  drug 

stores  forbidden 57 

TRAPS — Of  new  yard  closets  to  be  protected  against  frost      69 

TRAYS— Drip,  prohibited 29 

UNLAWFUL  OCCUPATION— Of  new  building 4 ,60 ,72 

USES— Prohibited 54 

VACATION — Of  new  buildings  occupied  without  certifi- 
cates         4 

Of  premises,  procedure  for £0,61 

VENTILATION— And  light  provisions 7  to  23 

Of  basement  and  cellar  rooms 24,44 

Of  interior  rooms 64 

Of  haUs 21,22,23,66 

Of  rooms 15 

Skylights 38,66 

WALLS— Papering 52 

Surface  underneath  sinks  and  closets  to  be  painted.  .45  ,67 

Damp-proofing  of 26 ,67 

Papering  of 52 

Of  cellar,  whitewashing  and  painting 46 

Of  courts  and  shafts,  painting,  etc 50,52 

Of  rooms  to  be  painted  white 51 

To  be  kept  clean 49 


1166  INDEX  TO  ACT  FOR  GOVERNMENT  OF 

SEC. 
Tenement  House  Law — (Continued.) Sub.  Sec.  3037g 

WATER  CLOSET— Accommodations 29,39,43 

Compartments,  access  to 20 

Compartments,  floors  water  proof 29 

Compartments,  lighting  and  ventilation 29 

For  each  apartment 29 

In  old  tenement  houses 43,69 

Seats,  space  underneath L 45,67 

Windows ^ 16,42 

For  basement  and  cellar  rooms 35,44 

In  yards 69 

In  basement  or  cellar 35,44 

Separate  compartment  for  each 29 ,69 

Space  around  to  be  painted-  and  kept  clean 45 ,67 

Substitution  for  privy  vaults  and  school  sinks  re- 
quired        69 

To  be  kept  clean 49 

To  be  located  within  apartments,  when 29 

To  be  open 29 

Woodv/ork  under 45 ,67 

WATERPROOFING— Of  foundation,  walls  and  ceilings.  .26 ,70 

Of  basement  and  cellar  floors 26,70 

Base  and  floor  of  water  closet 29 

WATER  SUPPLY 28,48 

WHITEWASHING— Of  cellar  walls  and  ceilings 46 

Of  walls  of  courts  and  shafts 50 

WINDOWS— For  stair  halls,  size  of 23,35 

In  basement  and  cellar  rooms 24,44 

In  interior  rooms,  size  of 64 

In  public  halls 21,22,23 

In  rooms,  size  of 16 

In  water  closet  compartments  and  bath  rooms 16  ,29 

On  street,  yard  or  court 15 

Supplementary,  definition 2  (15) 

WOODWORK— Enclosing  sinks  and  closets  in  halls  and 

stairs 67,68 

Enclosing  water  closet  forbidden 29 

YARD— Access  to 7 

Definition 2  (3) 

Size  of 8,33 

Spaces  to  be  concreted,  graded,  drained,  etc.,  when.-      27 

Water  closets 69 

Of  old  residences 3 


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